Online Registration Of Trademark In India


Trademark registration is a protection provided by the government to the brand name of the business from any unauthorized use by any other person. The brand name is the identity of the business or the product of the business, so it is very important to protect the brand name so that no one can copy it or misuse it. Brand name plays an important role in the business as it attracts customers and enhances the value in the profit of the business. And it is always better to get the brand name registered so that it can be protected and once it is registered it is valid for 10 years and after this period a renewal application should be filed to continue the validity of the mark.

Process of trademark registration

  1. Name availability check: The brand name should be unique and it should not be similar to the existing mark so it is important to check the availability of the name before filing the application. You can easily check trademark name availability.
  2. Making of power of attorney: The power of attorney shall be made in which the authorization for signing the form is given to the lawyer.
  3. Drafting and signing of the form: Once the name is selected, the form needs to be drafted along with all the relevant details like applicant name, address, contact details, product details, class and other required details. Few documents will be uploaded in the form like the power of attorney, certificate of small enterprises or startup India if the applicant is other than individual or copy of logo if any. Once the drafting is completed it will be signed and submitted to the examiner of trademark registration.
  4. Examination and checking of the application: After submission of the application the further procedure will be laid down with the examiner, the examiner will check all the provided information and documents that are true or not. Once this step is completed the examiner will look into the availability of the name or logo, if the name or the logo is similar to any existing application or mark then he will object to clarification. In respect of the objection, the applicant has to file the reply within 30 days from the date of the objection, if the applicant fails to make the reply of such objection then the application will get abandoned.

If no objection is raised by the examiner then it will be published in the journal for 4 months, in this period any party can file an opposition against the registration of the name or logo. If there is no opposition then after the completion of the period of 4 months the examiner will issue Trademark Registration Certificate.

Documents required:

  • FOR INDIVIDUAL/SOLE PROPRIETOR
  1. Power of attorney
  2. Identity proof
  3. Image of Logo, if any
  • FOR OTHER THAN INDIVIDUAL/SOLE PROPRIETOR
  1. Power of attorney
  2. Certificate of registration
  3. Certificate of startup India, if registered in it
  4. Certificate of small enterprises, if registered.
  5. Image of Logo, if any

After getting registered the applicant can use ® after the name or logo and during the process the “TM” mark can be used.
 

Comments

  1. harishOctober 4, 2021 at 11:47 PM

    Thanks For sharing this informative content

    file trademark online

    apply for trademark online

    ReplyDelete
  2. AnonymousOctober 7, 2021 at 6:23 AM

    Thanks for the post,

    I really enjoyed to read your blog

    apply for a patent

    ReplyDelete
  3. UnimarksMay 16, 2023 at 10:25 PM

    How to Register a Trademark in India?
    Procedure for Registration of trademark in India is done by the Controller- General of Patents, Design, and Trademark (Registrar of Trademarks), situated at Chennai, Mumbai, Kolkata, Ahmedabad, and Delhi.

    ReplyDelete

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