8-Step Guide To Register Your Trademark in India
Online Trademark Registration Procedure
Step 1: Brand Name
This is simply a short and best way for any newcomer to get a catchy, trendy, and an interesting brand name. Picking up a brand name that is wacky and quirky is definitely a wise move since most of the generic names would already be in someone’s hands. Moreover, zeroing in on a particular name requires a quick research process to ensure yourself that you are not picking a brand name that is already in use. The best part here is that you can invent or coin some words with a mix of generic words to create a unique brand name for yourself.
Step 2: Preparing a trademark application
The following supporting documents together with the application have to be submitted for online trademark registration: –
Business Registration Proof: On the basis of your registered business (for e.g.: sole proprietorship and so on), an identity proof of the company’s directors and an address proof have to be submitted. In case of sole proprietorship business, id proof of the proprietor viz. PAN card, Aadhar card could be submitted. Whereas, in the case of companies, the address proof of the company needs to be submitted.
Soft copy of the trademark:
- The proof of claim (which is applicable) of the proposed mark can be used in another country.
- Power of attorney to be signed by the applicant.
Step 3: Filing the application of brand name registration
Manual Filing and e-filing are the two different ways for filing the registration. If you choose ‘manual filing’ then you have to personally move and handover your application for the registration to the Registrar Office of Trade Marks situated in the major cities of India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you have to wait for at least 15 -20 days to receive the receipt of the acknowledgment. But in the case of an e-filing system, you will receive your receipt of acknowledgment instantly on the government website. Once after receiving your acknowledgment, you are eligible to use your Trademark (TM) symbol beside your brand name!
Moreover, in case of rejection due to non-approval of the name, the applicant will get a second chance of refilling the same form without any further charges. It means you get two chances of filing the same form without any extra charge of paying Rs. 1000/- both the times.
In case of failure to get the name approved in the second go, you can file the form again from scratch. This will any day prove to be cheaper than opting for the first option. The whole process including name approval and incorporation takes around 2-3 days.
Step 4: Examining the process of the brand name application
Once the application is dispatched, the Registrar will check out whether you have followed certain terms that your brand name complies with, the existing law. Moreover, there should not be any conflict or dispute amongst any existing or pending brands for the registration. This is the reason why we preferred you to choose a quirky brand name!
Step 5: Publication of your brand in the Indian Trade Mark Journals
After the process of examination, the registrar will publish your brand name in the Indian Trade Mark Journal. This is certainly the most important part of the trademark registration and there should not be any opposition within 3 months (i.e. 90 days) or 120 days, in some cases, from the date of publication. Then your brand name is proceeding towards the acceptance.
Step 6: The trademark registration certificate issuance
The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated period of 90 days. Wow! And this will be the happiest moment for you as the Registrar issues the Registration Certificate with the Trademark Registry seal.
Right from the moment you have been issued with your certificate, you can use the registered trademark symbol (®) beside your brand name. Thus, with this blog post, we feel that even a beginner can understand all about creating a brand name and registering it successfully.
Step 7: Status of application
Once you have received the confirmation of the filing of the application you will get an allotment number. You can check the progress of the application online with this allotment number. This will take time, if there is no problem with the filing then you will get to know whether your application is approved or rejected in 18-24 months. If there is a problem then this may take longer.
Files are prioritised according to the filing date, therefore the longer it takes the more priority your application gets. The other perk about filing the application is that even if it hasn’t been approved you can use the TM symbol next to your mark, once you have received your allotment number.
Step 8: Registration
Once your trademark is approved the registry will give you a trademark registration certificate. This will officially confirm that your trademark has been registered and is now protected. The registration will be valid for 10 years from the date of the filing of the application. After this period, you can renew the trademark again. Renewal can be done indefinitely.
A trademark is only protected and valid in India and does not warrant any international status.
