A trademark is a visual symbol which may be a word, name, device, label or numeral used by a business to distinguish its goods or services from other similar products or services in the market owned by other businesses. A trademark is an asset that can be protected under the Indian law. To protect a trademark from being copied by others, the inventor of the word or symbol must apply for trademark registration. The process for trademark registration has various steps, and it is essential to hire an expert for trademark filing to ensure a seamless process.

A trademark application can be filed by any person or legal entity in India. The mark does not necessarily have to be used before applying for registration although a prior used mark improves the chances of registration. Foreign nationals and foreign entities can also file trademark applications in India and secure registration without additional requirements.

Legal protection

Registering a trademark provides legal protection against misuse of any kind including infringement or copy of a company’s name or logo, which is often a company’s most valuable asset.

It grants the trademark owner exclusive nationwide ownership of the mark which can be legally upheld in the courts of law in any part of the country.

Exclusive right

Registering a trademark grants the trademark owner the right to make the mark exclusive and incontestable and use it in a variety of mediums.

This will be immensely useful to prove the validity of the mark and the registrants ownership incase of any infringement by a third party.

Brand recognition

Products/ services are identified by their logo which helps create brand value over time. A strong brand is a huge pull for new customers and an anchor for existing customers.

Registering a trademark early and using it will create goodwill and generate more business for the brand owner.

Asset creation

A registered trademark is an intangible asset for a company as it helps generate more business and helps attract and retain customers by account of brand recognition.

It also grants the business legal right to use a logo exclusively for 10 years with the choice to re-register.

Online Trademark Search
Enter a brand name to search across all trademark classes
 

Documents required

Trademark filing is a simple, online process which can be completed within 24 hours. IndiaFilings has helped file over fifty thousand trademark applications in India and has obtained registration for various leading brands.

There are a certain set of documents that need to be signed, scanned and sent to us. The list is given below.

• Signed Form 48- Form 48 is used to provide IndiaFilings attorney with authorisation to file your trademark application.
• Identity proof of the trademark owner- It can be PAN card, passport or Aadhar card.
• Incorporation certificate (if its a company or LLP)
• Udyog Aadhar registration certificate- The government fees for trademark filing for companies having Udyog Aadhar is Rs. Rs. 4500. However, they have to pay Rs. 9000 to file is they do not possess an Udyog Aadhar.
• Logo, if applicable and available.
• Address proof.

Trademark Search

Trademark search will help gauge the availability of a mark and to find if any other similar or identical mark exists. The client can proceed depending on the availability of the mark.

45 classes

The World Intellectual Property Office (WIPO) has organised all goods & services under 45 classes. The first 35 classes denote products and the rest services.

™ symbol

Businesses can start using the ™ symbol alongside their brand as soon as the trademark registration application is filed. This symbol is NOT indicative of registration.

® symbol

The ® mark can be used once the trademark application is approved & registration is complete. The entire process usually takes eight to ten months.

Register your trademark now and get complimentary access to LEDGERS!!!

Trademark Registration Process

The process of trademark begins with a trademark search. We can help you conduct a trademark search using the tool below to find marks across classes. The government trademark search tool can also be used to find identical or similar trademarks under the same class. Once the search is complete, you will proceed with the trademark application based on the details of identical or similar trademark applications already filed with the government.

Trademark application allotment

Once the trademark registration application is filed with the trademark registrar, a trademark application allotment number is provided within one or two working days. The application can then be tracked online through the online trademark search facility. On obtaining the allotment number, the owner of the trademark can affix the TM symbol next to the logo.

Vienna codification

The Vienna codification established by the Vienna agreement (1973) is an international classification of the figurative elements of marks. Once the application is filed, the trademark registrar will apply the Vienna classification to the trademark based on the figurative elements of marks. While this work is in progress, the trademark application status usually reflects as "sent for Vienna codification".

Trademark Examination

Once the Vienna codification is complete, the trademark registration application will be allotted to an officer in the trademark registrar office. The trademark officer would then review the trademark application for correctness and issue a trademark examination report. The officer will either accept the application and allow for journal publication or object the same.

Objection

If the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to appear before the officer and address the objections. If the officer is satisfied with the justifications of the trademark applicant, the trademark would be allowed for trademark journal publication. In case the officer is not satisfied with the justifications, the trademark applicant has the right to appeal the decision of the Trademark officer before the Intellectual Property Appellate Board.

Journal Publication

Once the trademark registration application is accepted by the registrar, the proposed mark is published in the trademark journal. The trademark journal is published weekly and contains all the trademarks that have been accepted by the registrar. Once it is published, the public have an opportunity to object to a particular registration, if they believe their business will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will typically be registered within 12 weeks’ time.

If the trademark registration application is opposed by a third-party, a hearing will be called for by the trademark hearing officer. Both the applicant and the opposing party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application. Based on the hearings and the evidence presented, the hearing officer will determine if the application should be accepted or rejected. The decision of the hearing officer can also be challenged by escalating it to the Intellectual Property Appellate Board.

Trademark Registration

If there are no objections or oppositions to the application, the trademark manuscript and trademark registration certificate will be prepared. Once the trademark registration certificate is issued, the mark is considered to be a registered trademark of the owner, granting the owner exclusive use of the mark. The symbol can now be placed next to the logo.