How to Register a Trademark in India?Intellectual Property Rights

[YAGAY andSUN]

A trademark is a symbol, word, design, or a combination that distinguishes the goods or services of one entity from another. Registering a trademark in India helps protect the intellectual property and ensures that the brand identity is safeguarded.

Introduction:

• A trademark protects the identity of a business by preventing others from using similar marks.
• It could be in the form of a logo, symbol, word, or even a sound.
• Trademark registration gives the owner exclusive rights to use the trademark in relation to specific goods or services.

Legal Framework:

• The Trade Marks Act, 1999 governs the registration and protection of trademarks in India.
• The Trade Marks Rules, 2017 lay out the procedures and fees for registration.
• The Controller General of Patents, Designs, and Trademarks (CGPDTM) is the authority responsible for administering the Trademark Act in India.

Know the Process:

1. Search Availability:
   • Before applying, conduct a trademark search to check if your desired trademark is available.
2. Filing the Application:
   • File an application online or offline with the Indian Trademark Office.
   • Mention the class of goods/services your trademark will represent.
3. Examination of Application:
   • The Trademark Registrar examines the application for any similarities with existing trademarks.
   • The examiner issues a report stating whether the trademark is acceptable or needs modification.
4. Publication in the Trademark Journal:
   • If the trademark passes examination, it is published in the Trademark Journal for public objections.
5. Opposition:
   • Anyone can oppose the trademark within 4 months of its publication.
6. Issuance of Registration:
   • If there are no objections or opposition, or if the opposition is resolved in favor of the applicant, the trademark is registered, and a Trademark Registration Certificate is issued.

Steps Involved in Trademark Registration:

Step	Description
Step 1: Trademark Search	Search existing trademarks to check availability using the Trademark Database on the official website.
Step 2: Filing Application	Submit a trademark application (Form TM-A) online or offline with CGPDTM, providing all necessary details.
Step 3: Examination	Trademark Examiner examines the application and issues an examination report within 30 days.
Step 4: Publication	If the trademark passes, it is published in the Trademark Journal for 4 months for objections.
Step 5: Opposition	Handle any opposition filed against your trademark by third parties.
Step 6: Registration	If no opposition is filed, the trademark is registered and a Certificate of Registration is issued.

 

Rules & Forms:

• Trade Marks Act, 1999 – Governs the rules of registration.
• Trade Marks Rules, 2017 – Provides detailed processes, including fees, filing timelines, and application forms.

Important Forms:

• TM-A: Application for Registration
• TM-O: Opposition to Application
• TM-R: Certificate of Registration

Online vs Offline Registration:

Online:

• Website: https://ipindiaonline.gov.in
• Easier, faster, and convenient.
• Applicants can track the progress of their application online.

Offline:

• Application is submitted physically at the local trademark office.
• Paper-based processing might take longer than the online route.

Importance of Trademark Registration:

Importance	Explanation
Exclusive Rights	Protects brand identity, preventing others from using identical or similar marks.
Legal Protection	Gives the legal right to take action against infringers.
Business Value	Adds value to the business by enhancing brand recognition and goodwill.
Global Expansion	A registered trademark can be used as a base for international trademark applications.
Consumer Trust	Consumers associate registered trademarks with authenticity and quality.
Advertising & Marketing	Stronger brand presence in the marketplace enhances advertising and marketing efforts.

 

Summary in Tabular Form:

Aspect	Details
Legal Framework	Trade Marks Act, 1999 & Trade Marks Rules, 2017
Governing Authority	Controller General of Patents, Designs, and Trademarks (CGPDTM)
Application Form	TM-A (Online or Offline)
Examination	Trademark is examined for similarity with existing trademarks
Publication	Published in the Trademark Journal for 4 months
Opposition Period	4 months for third-party objections
Certificate of Registration	Issued if there are no objections or after opposition is resolved
Duration of Registration	10 years, renewable indefinitely

10 Frequently Asked Questions (FAQs):

1. What is a trademark?
   • A trademark is a symbol, logo, or word that identifies and distinguishes your brand or product from others.
2. How long is a trademark valid?
   • A trademark is valid for 10 years and can be renewed indefinitely.
3. Can I file for a trademark online?
   • Yes, you can file for a trademark online through the official trademark portal.
4. How can I check if my trademark is available?
   • You can perform a trademark search using the Trademark Search tool on the official website.
5. What are the fees for trademark registration?
   • Fees vary based on the type of applicant and whether filing online or offline. For individuals, fees start from ₹4,500.
6. How do I track my trademark application?
   • You can track the status of your application on the official trademark portal using the application number.
7. What happens if someone opposes my trademark?
   • You must defend your trademark in opposition proceedings. If unsuccessful, your application may be rejected.
8. Can a trademark be transferred?
   • Yes, a trademark can be transferred or assigned to another party through a legal process.
9. Can I register a trademark for services?
   • Yes, trademarks can be registered for both goods and services.
10. What is the difference between a trademark and a copyright?

• A trademark protects logos, names, and symbols, while a copyright protects original works like books, music, and art.