Register your Trademark Now

What is a trademark?

In simple words, trademarks are special unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs, or even expressions. It is important because it differentiates your products from the competition. It can be associated with your brand or product. Trademarks are classified as intellectual property and therefore is protected from infringement. Trademarks and their rights are protected by the Trademark Act, 1999.

To get the protection of trademark rights one has to register the trademark. It is important to register your trademark because it prevents others from copying your mark and misrepresenting other products with your mark. Therefore a trademark once registered drives as an untouchable asset (intellectual property) which is used to safeguard the company’s investment in the brand or ideogram.

What are the different types of trademark units in India?

- Word Mark – Indicates the name of the brand. Example: Britannia

- Logo - a combination of images, words, and design considered together. For instance, Nike, Adidas, etc.

- Logo composite mark - comprises both words as well as logos for instance Jack & Jones (a global apparel manufacturer) has an intricate logo composite mark, which incorporates even the placement of its label on the rear of its jeans.

Trademark registry

The trademark registry was established in 1940 then came the Trademark Act which was passed in 1999. Currently, the trademark registry works as the operation or functional body of the Act. Or it can also be said to be working side by side. As a functioning body, the trademark registry implements all the rules and regulation of the trademark law in India.

The Head Office of the trademark registry is in Mumbai and it has branch offices in Delhi, Ahmedabad, Chennai, and Kolkata. When registering a trademark, it is registered under the Trademark Act, 1999 and then the registry of trademarks registers it. In this process, the registry will check whether the registering mark meets all the conditions of the Act before registering it.

Who can apply for a trademark?

Any person which can be an individual, company, proprietor, or legal entity claiming to be the owner of the trademark can apply. The application for the trademark can be filed within a few days and you can start using the “TM” symbol. And the time required for the trademark registry to complete formalities is 8 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and the registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed from time to time.

Why is trademark registration important?

• It guarantees the identity of the origin of goods and services.

• It stimulates further purchases.

• It serves as a badge of loyalty and affiliation.

• It may enable the consumer to make a lifestyle or fashion statement. The trademark would be an important asset for your business and contributes to the goodwill generated.

• With a registered trademark, you can stop others from using your trademarked business name/logo with regards to goods or services it is registered

• Trademark can be considered just like any other form of an asset like real estate, as it can be sold, licensed, or assigned.

What are the documents required for trademark registration?

For individuals and sole proprietors:

• Copy of the proposed logo, ideally in black and white (which is optional). However, in case the logo is not provided, the trademark application can be filed for the word.

• Duly signed Form- 48. This form is an authorization from the applicant to a Trademark Attorney to file the trademark registration application on his/ her behalf.

• Copy of the identity proof of the individual applicant or the proprietor which may include: passport, aadhar card, PAN card, etc.

• Copy of the address proof of the individual applicant or the proprietor which may include latest electricity bill, phone bill, etc.

For Partnership / Company / LLP:

• Scanned copy of the logo (optional)

• Duly signed Form- 48

• Udyog Aadhar Registration Certificate

• Partnership Deed or the Incorporation Certificate

• Copy of identity proof of signatory/ applicant

• Copy of address proof of signatory/ applicant

For other applicants:

All other applicants, including companies that do not have Udyog Aadhar registration, will have to submit the following documents to obtain trademark registration in India.

Trademark Registration Process:

Ø Click here https://ipindiaonline.gov.in/trademarkefiling/user/frmNewRegistration.aspx for trademark registration.

You will be able to login only after you sign up so click on the “NEW USER OPTION”.

This introduces us to a page where the steps to register for efiling appear

Ø Download and install the digital signatures from signing component. Save the file received. For instructions click on the digital signature manual.

Once the digital signatures are saved on the device click on “PROCEED FOR REGISTRATION”.

This leads us to “NEW USER REGISTRATION FORM”

Choose the proprietor option from the three options available that is – Proprietor, Agent, Attorney. In order to enter code click on search option and enter the applicant name. This gives us a list of names (nothing to do with). Just scroll down and click on “ADD NEW” option.

Ø This will lead to a new page wherein the details of the applicant has to be entered. Select the appropriate proprietor category. And fill in the details. Click on “SUBMIT”.

After submission a code appears (note down or take a screenshot). Enter this code in the initial page where we had clicked “SEARCH” option. Click on “PROCESS”.

Ø This leads us to a page where the proprietor name and code are generated. Next click on “ADD DIGITAL SIGNATURE”. After uploading the user and fields details click on “REGISTER”.

A dialogue box appears saying user has been successfully registered.

Ø Once you have chosen your mark it is advisable to conduct a search to check whether your chosen mark is similar to an already registered mark. You can either do this yourself by going to the online website of the Controller general of patents, designs and trademarks. On the website, you can find an option to do a public search. Once click on this option you need to choose your class and search the online database

Ø Enter the word mark.

Ø For class, click on the link to view the list (https://legalsahayak.com/trademark-registration-classes/) and choose the appropriate class according to your good or service. Click on “SEARCH” option. If it says “NO RECORD FOUND” continue to login, otherwise if it similar to an already registered trademark then do not proceed with the same.

Go to the login page. Enter user name and password. Click on “LOGIN”.

Ø This welcomes us to online filing of trademark. On the left hand side a list of options are available click on “NEW FORM FILING” and select “FILE TM-A”. Select the type of applicant.

Ø Next choose “TRADE MARKS APPLICATION”.

Ø And enter the class as mentioned earlier. Click on “SUBMIT”.

Ø Note the temporary number. Check the applicant details.

Ø There is a delete and edit option available. If we click on “DELETE” the “ADD NEW USER” option is unblocked.

Ø The EDIT option is used when the branch jurisdiction doesn’t appear. Therefore, in this case click on “EDIT”. Choose the state and district and enter your legal status. Click on “UPDATE”.

Now we see that our jurisdiction is updated.

Ø In the trademark details option choose the category of mark from the options and enter the trademark. If the language is other than Hindi or English enter the details. If there are any conditions or limitations then specify in the space provided. Next in the class of goods and/or services section - the class you have chosen appears. Therefore click on “EDIT” a dialogue box appears click on “OK” and enter the description. Click on “UPDATE”.

Ø Next in the “statement as to use of mark” section there are two options available – click on proposed to be used or if used earlier choose the second option and enter the date.

Ø If you want provide any other important information specify in the space provided.

Ø Verification details will automatically appear.

Ø Click on “SAVE AND EXIT” – it will be save as a draft. (“save and resume” can also be used)

Ø Next click on “ATTACH DOCUMENT”

Ø This introduces us to TM-A. Choose the document (for individuals/sole proprietors- choose other documents). Other documents can include pan, adhaar, logo design etc. To add click on upload and once all the documents are uploaded click on “DONE”.

Ø Next you can preview the details by clicking on the “PREVIEW OPTION”.

Ø Once you are satisfied with all the details click on “DIGITALLY SIGN AND SUBMIT”. Click on “SELECT TO SIGN”.

Ø A number is been generated. After this click on “CLICK TO SIGN”. Attach signature and click “OK”. The page refreshes and says “signed data successfully stored on the server for application”. Click on “GO BACK”. This introduces us to a page with the drafted applications. On the left hand panel select “PAYMENTS” and choose “MAKE PAYMENT”. Choose the application and click on “MAKE PAYMENT”.

Ø Cross verify the details. Click on “MAKE PAYMENT”. Enter the details and click on “CONFIRM”. Choose the bank and enter appropriate details. Once the payment is made a receipt appears with all the important details. Print the receipt and acknowledgement slip (from payment history) for future records.

Ø In order to view the filing status click on “FORM HISTORY”, select “FILING HISTORY”, and enter receipt date. You can view the application status (last column). Once approved a message is sent via mail or phone (might take 90-120 days).

As seen from the above, trademark registration in India process does not require much effort. It is a simple process but one which is nonetheless very important for brand name registration. Hence, understand the power of your brand name registration and take steps in protecting it today.