In this detailed post, I am going to explain you about the “Process of Trademark Registration in India“. After reading this detailed post, You will be able to understand:
- What is Trademark?
- Different types of Trademarks that may be Registered in India.
- What are the functions of Trademarks.
- Trademark Registration Process.
4.1) Trademark Search
4.2) Trademark Application Creation Process
4.3) Trademark Registration Process - Cost to obtain Trademark Registration Certificate in India.
- Documents Required in Trademark Registration Process
After reading this detailed post, You will get as much information so that you will be able to understand “Trademark Registration Process in India“.As you know Intellectual Property Rights in worldwide divided into:
- Patents.
- Industrial Designs.
- Trademarks.
- Geographical Indications.
- Copyrights.
- TradeSecrets.
- Trade Dress.
- Plant Varieties.
I am not going to explain you all the rights in this post, But I will explain you the most important Intellectual Property Right for Business point of view which is nothing but “Trademarks“.If you are an inventor and want to extract the information about Patents then please check my previous post by visiting→
- How to file a Patent in India.
- Documents required and Cost to filing a Patent in India.
- Types of Patents in India.
- Software Patent in India.
- How to perform Patent Prior Art Search.
If you need further assistance on the same subject, you can do it so by clicking here.
Ok, Now comes to the language of my detailed post:
In India, A subordinate office is constituted by Government of India to regulate IP Right such as Patent, Designs, and Trademarks and is termed as Controller General of Patents, Designs, and Trademarks. It reports to the Department of Industrial Policy and Promotion (DIPP) which works under Ministry of Commerce and Industry. As you know awareness of Intellectual Property Rights among people of India is rising day by day. Hence Controller General of Patents, Designs and Trademarks makes the online filing process as user-friendly as possible. It is a good news for all persons such as inventors, scientists, researchers, business or any other who wants to register some sort of protection to their logos, creativity, invention, designs etc.Inventors, Scientists or Researchers can protect their Invention’s Brand with the help of Trademark Protection.
Step by Step explanation of Trademark Registration Process in India.
- What is Trademark and What is the use of it. ?
Are you a business and performing activities online or offline? Are you selling something like Goods or Services? Do you want to distinguishes your product or service from other? Do you want to create a unique identity of your Business?
If your answer is “Yes” then this post is for you. I know there are various other answers available on the plethora of information known as “World Wide Web”. But I will explain you this point in very easy and effective way so that you can easily understand about trademarks and the use of it.
A “Trademark” as its name suggests is a mark, sign, design or expression used to differentiate the originating source of your product from others. In India, A Trademark is also called as “Brand” or “Logo”. Please don’t confuse between “Service Mark” and “Trademark”. A “Trade Mark” is used to distinguish between “Goods” and “Service Mark” is used to distinguish between “Services”. Now, It’s time to discuss “TradeMarks” in India.
Business, Organizations and Legal Entities protect their Business Identities with the help of Trademarks. Some of the popular Trademarks you can see on the products of most popular brands such as “Coca-Cola”, “Parle G”, “Adidas”, “Nike” etc.
If you are working in organizations, or in N.C.R in India you may see Businesses are using “Trademarks” on their buildings.”Trademark” is a most secure mechanism to protect the identity of the business.
Do “Domain names” covered in “Trademarks”
If you have registered a Domain name in the name of some Business having Trademark Registered as same as your Domain name knowingly or unknowingly, then you are at risk.Only a one notice can hamper the reputation of your Domain name and you have to take down your website because “Trademark” is superior protection for business intangible assets. Therefore, It is always suggested to register a Trademark in the name of “Domain Name” by an “IP Attorney” in India.
2.)Different Types of Trademarks that may be Registered in India
According to the official website of Controller General of Patents, Designs and Trademarks following are the types of Trademarks in India:
- Name (It includes applicant surname or applicant personal name or business predecessor or the sign of the person), Also, There should not be any restriction or unusualness for trade to adopt or acquire this mark.
- A word which is invented or any random word of the dictionary.
- Numerals, Letters or combinations of any type.
- The proprietorship right of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices such as symbols, fancy devices etc.
- A character which is formed of several letters in one design i.e “Mono Grams”
- Colors Combination or even single color in combination with device or word.
- The packaging of Good or shape of Goods.
- 3-d design.
- Sound marks
a.) Either described in words. or
b.) Graphically represented. or
c.) Represented in conventional notation.
Please check all different types of Trademarks that may be Registered in India by visiting official website of Controller General of Patents, Designs and Trademarks.
http://www.ipindia.nic.in/faq-tm.htm
3.) Functions of Trademark in India.
- It identifies the origin of the Goods and Services.
- It guarantees its unchanged quality
- It advertises the goods and/or services.
- It creates an image of the goods and/or services.
4.) Trademark Registration Process in India:
Registering a trademark in India is a long process. A good IPR Attorney shows you the best way to strategize “Trademark Registration Process“.
4.1) Trademark Search.
Cost: Rs 500 to Rs 1000
Time: Min. 3 hrs
: Max. 6 hrs
A Trademark Search is an important step before registering a trademark in India. It will tell you the “uniqueness” in your Business Brand Name and Logo. A well researched Trademark Search will help you with approval/grant of Trademark application.There are two types of the Trademark Search:
1. Online Trademark Search.
2. Offline Trademark Search.
You can also perform Trademark Search by visiting:
But It is highly recommended to use the services of IPR Attorneys in Trademark Search.
4.2) Trademark Application Creation Process.
It is the next step after “Trademark Search”. After a good trademark search, you have nothing to fear.A good trademark search is a guarantee of “Uniqueness” in Business name/logo.If somehow, A Business exist with the same name/logo as your business, in this case, you have to change your Business name/logo or consult with your Attorney. After that, Your Attorney prepares your trademark application and files in Trademark office.You can start using Unregistered Trademark Symbol ™ after this step.
4.3) Registration Process:
After successful completion of step 4.2 above, You will receive an official receipt with the filing date and the number mentioned on it. After receiving the Trademark Application, An Examiner will check your trademark application from existing list of trademarks.If an examiner found that your mark has been already taken then they will raise an objection and an official examination report will be issued.After that, you have to file a written response to show the “uniqueness” in the mark (which is the first step in trademark registration process). It can also be done via hearing or an interview. If there is no objection raised, then your trademark application will be advertised in Trademark journal. If there are no objection or opposition within 4 months of advertisement in Trademark Journal, Trademark office will issue you a “Trademark Registration Certificate”. Now you can use Registered Trademark Symbol with your Business name/log which is ®.
Trademark Registration is a long process and in case of no objections and oppositions, it will usually take 18-24 months to obtain Trademark Registration certificate. Therefore I suggest you to use the services of IPR Attorney to make the Trademark Registration Process as user-friendly as possible.
5.) Cost to obtain Trademark Registration in India:
There are two types of fee involved in Trademark Registration process in India:
1. Government Fee.
Government fee is the fee specified by the Government of India in order to obtain a Trademark Registration certificate in India. To check the official Government fee and forms, please visit:
2. Attorney Fee. (Estimated) (Fee is for each class and for each mark)
Attorney fee is the type of service fee charged by an Attorney in overall “Trademark Registration Process”. This fee does not include Trademark Search Fee and Government Fee to file a Trademark in India.
2.1) If No Objection raised:
For Individual/Startups/Small Enterprises/In all other cases: Rs 3000 to Rs 6000*
2.2 ) If Objection raised:
For Individual/Startups/Small Enterprises/In all other cases: Rs 5000 to Rs 11000*
6.) Documents Required in Trademark Registration Process:
Mention below is a list of documents required in Trademark Registration Process in India:
1. For Applicants, Detail required are:
a. Name
b. Address
c.Nationality
For Company:
Date of Incorporation
2. A Copy of Trademark/Logo.
3. A signed copy of Power of Attorney (signed by applicant)
4. Description of the Goods or Services.
5. If you had previously used the mark such as name/logo then the date of first use of the mark.
6. Classification of the Goods or Services.
Disclaimer:
*This is a rough estimate of the fee charged by IPR Attorney and it varies from one Attorney to another. It may be more or less depending on the qualification and experience on an Attorney in IPR Field.Therefore, It is suggested to consult an attorney to get a final estimate.This post is for information purposes only. I am not responsible for any action taken by you after reading this post.
TECHNOWRITINGS.COM 