Overview of the Trademark Registration Process

is a 1-3 Years process in India, inolving multiple-steps, which start with filing of TM-A Form.

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What can be Trademarked

Company Name / Domain Name / Logos almost anything that can distinguish your goods or services from those of others, can be trademarked.

Product

A product mark is product used to identify a single product. They are used to avoid any duplicity of the product and also to safeguard product category.

Service

A service mark is used to distinguish the services of an organisation rather than products. The service mark is used for intangible products.

Shape

The shape marks can be categorized in Trade Dress wherein, other than the logo, label, and other identifiable symbols; a product can also be distinguished based on its packaging.

Shape

The general meaning of pattern is a repetition of similar design, so it is a type of trademark wherein the pattern is able to distinguish the product and services of one brand from another.

Collective

Collective marks are linked with a group of people and not one single product or service. These kind of trademarks are primarily owned by a firm, institutes or any association that is related to several members.

Certification

Certification mark is created to display the standard of a company or organization i.e. it is to show that a trader's goods or services are certified as meeting particular standards.

Sound

Sound form of trademarks are the "mark" consist of sound graphics that distinguishes the products and services of one from the other. The notations of sound that are graphically represented can be registered as trademarks.

Colour

The colour combinations become the brand itself and become known by it for that particular product. The public tends to associate the scheme with the specific product.

Word

A word mark is a distinct text of the name of the company/product name for the purpose of branding. Thus it is specifically text based unlike a logo that represents a pictorial image.

Numbers

The number must be used as a brand for the product/service. For e.g. the number 5 must be used specifically for a line/class of products/services and must be identified by it in order to obtain the TM.

Device

A device is a printed/painted figure/design/character. They do not consist of any letters/words/numerals etc.

Packaging

All the contents featured on top of the packaging, i.e. the names, slogans etc. can be trademarked. This can stop a competitor from using a deceivingly similar packaging for their product.

Who can Register a Trademark?

Any Individual (Proprietor ) / Company / Foreign Entity can file a Trademark in India.

The Person or Entity ( Company ) who is mentioned as the applicant will be declared as the owner of the trademark once the trademark is successfully registered.

Individual / Proprietor

Any person, or a proprietorship firm can file a Trademark application.

Partnership / Company

Any Partnership Firm or Registerd Company with MCA ( Pvt / LLP / Public ) can file.

Foreign Entity

Any Foreign Entity can file a Trademark.

• 1. Trademark Search

  Is the process of going through the Trademark Registry or Trademark Database to check if the Name / Logo you are trying to register has not been taken already.

  Remember to choose a unique and distinctive mark which will represent your company.

  Class Search

  You need to identify which class your Trademark belong to. Currently, there are 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods and classes 35-45 are for services.

  As an Example "Paints" is classified into different classes based on the Paint Type

  • Class 2: Ceramic / Aluminium Paints
  • Class 3: Body Paints
  • Class 41: Face Paints
  
  

  Click here for Trademark Class Search

  Brand / Mark Search

  You need to ensure the Brand Name is available and not conflicting with existing trademarks.

  In case a name is taken adding "Suffix / Prefix" can help differentiate it. For example, "Crunch" is taken, but the following may be available:

  • Tasty Crunch
  • Crunch & Munch

  You can do this at our easy to use Trademark Search

• 2. TM-A Filing

  Trademark Agent / Attorney will prepare a draft TM-A Form based on the Trademark Search. The Draft is shared with you and on approal the Form is Filed.

  You can use the Symbol with your brand after the Form is Filed

• Examination Report Objection

  The trademark application is examined by the Government examiner. You can track the application status using the TM application number. If the examiner finds the mark identical or similar to an existing mark, or raises any other concern, an objection will be issued along with the reasons.

  If no objection is raised, the mark is published in the Trademark Journal to invite opposition from third parties. If no opposition is filed within the prescribed period, the trademark is approved and registered within the next six months.

• 4. Show Cause Hearing

  If the examiner is not satisfied with the response to the examination report, a Show Cause Hearing will be scheduled and a hearing notice will be served. You can find the link of the hearing on IP India site.

  During the hearing, the applicant or their authorized trademark attorney must present arguments supporting the registration of the mark.

  Based on the submissions, the hearing officer may accept the mark for advertisement in the Trademark Journal or refuse the application with reasons provided.

• 5. Trademark Opposition

  If a third party believes that the published mark conflicts with their rights, they may file an opposition after the mark is advertised in the Trademark Journal.

  Upon receiving the opposition, the applicant must file a counterstatement within the prescribed time. Both parties are then given an opportunity to submit evidence and arguments. After reviewing the submissions, the Registrar decides whether the trademark should be registered or refused.

• 6. Trademark Regsitration Certificate

  The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated period of 4 months. After this a Trademark Registration Certificate is issued.

  Now, you can start using the registered trademark symbol beside your brand name.