What exactly is a trademark? What is the Step-by-step trademark registration process in India? What is the trademark registration fees in India? These are a few questions that people often get stuck with when starting a new company. And this is exactly what we will cover in this article.
Everyone in this world is recognized by a unique identification whether you are human being, product, service, company, etc. But sometimes we have to register this uniqueness so that no one else can masquerade or misrepresent the others. With the advent of technology, the world is shrinking and unscrupulous things are easy to perform such as identity theft, copying services, fake products. So, the question is how can we stop these unethical acts? And the answer is a TRADEMARK.
Table of Contents
What is Trademark?
A trademark is a symbol, name, word, device or any combination (of all these) which is adopted by a company to differentiate their products or service or both from the rest of the brands / companies / product or services. The Trade Marks Act, 1999 and Trade Marks Rules, 2002 governs the laws with respects trademarks.
History of Trademarks
In 1940, the first trademark rule was officially passed. However, it was replaced by Trade and Merchandise Act in 1958 due to its limitations and non-use. When India become part of TRIPS Agreement Act in 1994, new set of basic standards of intellectual property rights have been established. Number of amendments have been introduced to the trademark laws in India to meet these basic standards. These amendments were made by replacing the former act with the Trade Marks Act, 1999 and the Trade Marks Rules, 2002.
Types of Trademarks
- Product Trademarks: Business products categorized under this type separates products of a particular company or organization with other ones. Example – Apple Logo, Apple Inc. puts logo on its all products from iPhone to Macbook.
- Service Trademarks: This category is used to classify services of the specific entity or business. Example – Airtel, it is mobile network company which provides network & internet services.
- Collective Trademarks: These trademarks are registered in the name of groups or organizations that help associated members of the group during commercial activities to distinguish the product or services from those of the non-associated members. Example – McDonald.
- Certification Trademarks: These are used to certify products & services which help us to judge the quality of material used, origin and features of services. Example – ISI trademark, which certifies the safety factors of a product.
What Are The Advantages of Registering a Trademark?
- Trademarks Help Your Customer Base To Find You Easier: They distinguish your services and products from your competitors. Brand awareness and goodwill increases with the help of Trademark. Also, it represents the level of quality of your services and products.
- Trademarks Avoid Marketplace Confusion: They prevent confusion among customer base between various brands, services and products that are more or less similar in nature.
- Trademarks Are Economically Efficient Marketing Medium: They give your business a monopoly over the brand name by creating a face value in the market among customer base and competitors.
Step by Step Trademark Registration Process in India
Now that we know what is a trademark and why it is so important, let us talk about how to register trademark in india.
1. Trademark Search India (TM Search)
Time Required: 1 day
- Step 1: Selection of a trademark is the first step of the process.
- Step 2: Applicant should search registry records of trademarks before applying to avoid any similarity or likeness with the registered trademark.
- Step 3: Trademark search can be performed online or through the trademark office
- Step 4: Consultation from an experienced lawyer is advisable as they are able to perform a comprehensive search of the trademark. A lawyer will also help you in case you have right on a specific trademark that has been registered by someone else.
The application for the trademark registration can be submitted in the prescribed format once the thorough research has been done.
2. Filling of Trademark Application Form (TM-1 Form)
Time Required: 2 days
Cost: INR 4,000/- (per application per class) + lawyer’s fee
Step 1: Following particulars are required for the trademark registration application:
- “Mark” chosen to be registered,
- Owner’s information,
- List of goods or services for which the trademark will be used.
Step 2: The trademark application form can be submitted both online and offline.
- Online application: A Class III Digital Signature Certificate is required.
- Offline application: An application to the Offices of the Trademark Registry is required.
Online Trademark Application Form 👉 Online Registration Link
Step 3: The Registrar will search the uniqueness of name.
Once the application for the registration is made, the registrar will search the uniqueness of name. All the registered trademarks and pending applications will be checked to ensure whether any similar or identical trademark exists or not. Registrar will also check the register-ability of the proposed mark as per the law.
Step 4: The Applicant has to respond with modifications in case of an objection.
In case of objection, the applicant will be notified by the registrar for acceptance of the application or its proposal with certain terms & conditions, limitations, amendments, etc. The applicant has to respond back regarding any modification or refinement within a period of three months.
3. Cost – Trademark Registration Fees in India
Cost of Trademark Registration in India is approx INR 4,000 – 5000 per application.
Now you have your name that you want to register after filing of Form TM-1. Only one application can be submitted with one form. So for registering in two classes (i.e. sectors) – Suppose “Amazing Shoes” and “Amazing Software”, including separate logo for each, you have to submit four applications.
So, the fee for Trademark Registration will be calculated for total of 4 applications:
- With government fees INR 4,000/- per application, the total would amount to INR 16,000/-.
- Lawyer’s fee starts at INR 2000/- per application will amount to at least INR 8,000/- for 4 applications (may vary from lawyer to lawyer).
Note: JPEG image needs to be provided in case of the logos.
The acknowledgement comprising of filing date and application number will be received immediately however two more days will be required to obtain the Original Representation Sheet.
4. Use your Trademark
Now you can use the Mark, but the use of symbol would take up to 2 years if everything goes smoothly.
5. Issue of Examination Report
Time Required: 3 to 6 months
Cost: Free, but INR 4000/- to INR 6000/- in the case of any objection.
Now begins the process of questioning your claim to the trademark. First, the government will verify whether the application has any objections: Here’s what happens if there is:
No Objection: Letter of acceptance will be issued commonly known as TLA, if there is no objection against the application made.
If there is an Objection,
Reasons for objections as follows:
- If a proposed trademark is similar/identical or a copy of already registered trademark.
- If a word use is obscene/unlawful and may hurt the sentiment of particular religion /religions.
Additional fee of INR 3,000/- as well as lawyer’s fee which varies from INR 4,000/- to INR 5,000/- subjective to the lawyer will be charged.
A response will be framed by a lawyer in response to the objection that has arisen and will present the uniqueness of the trademark. Thus, a lawyer should be well informed and aware of business activities. The trademark will be eligible for the advertisement in the trademark journal if government discarded the objection.
6. Advertisement in TradeMarks Journal
Time Required: 3 to 6 months
Cost: Free, but legal fees in case of opposition
- All the third parties will get an opportunity to oppose the published trademark in trademark journal once application for registration is accepted.
- Published trademark will showcase the date of registration, list of products or services which it is registered for and other mandatory details. The registration will be for 10 years and can be further renewed.
- If no objection has been made against your trademark within four months of its publication in Trademark Journal, then trademark registration certificate will be issued within 6 to 10 months.
- However, in case of any objection by any opposition or third party, the process may take many more months to obtain the certificate. Both parties will be heard and legal charges will be applicable.
7. Trademark Registration
Time Required: Up to 9 months.
Cost: Does not apply
On and average, 9 months will be required to obtain a trademark certificate once advertised in Trademark Journal. The registered trademark is valid for a period of 10 years and can be further renewed.
You may refer the video for more details and insights.
Video in Hindi
If you still have any doubts regarding Trademark Registration, you can ask in comments below and I will try to answer them in the best possible way!
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