What are the Procedures for Online Trademark Registration in India?

What is the Process of Trademark Registration Online in India?

Nowadays, the process of trademark registration has become simple and accessible with the use of online platforms that ensure smooth and seamless trademark registration. Below is the process of online trademark registration in India -

1. Conduct a Trademark Search: Before you go on and start your online trademark registration process, it is vital to conduct a trademark search. This trademark search should be comprehensive to identify unique brand names that are available. By conducting this search, you can identify if any similar or the same trademarks are already registered. The Government of India’s Trademark Electronic Search System (TESS) is an online platform for conducting trademark searches. It will help ensure that your trademark is available and unique to avoid any conflicts in the future.
2. File the Trademark Application: Once you have identified an available and unique trademark, you can now proceed with filing an online trademark application. The online trademark registration process is administered by the Controller General of Patents, Design, and Trademarks (CGPDTM). The trademark application can be filed through the online portal of CGPDTM, also known as the e-filing system. Here is the information required for filing a trademark application -
   • Applicant Details: Applicant details refer to the personal details of the person applying for the trademark. It includes details like the name, address, and nationality. If you are filing the trademark application on behalf of a company, you must mention the company’s name, the company’s registered address, the place where it is located, and the company’s incorporation details.
   • Trademark Details: Under this section, you have to provide a clear representation or description of your brand name, logo, design, or phrase, along with the goods and services that are being trademarked. This section consists of the details of the trademark application.
   • Priority Claim: Another important component of a trademark application is filing the priority claim. If you or the trademark applicant has filed a trademark application in another country, you can claim priority and request the registrar to register your trademark on priority. Don’t forget to share the priority application number, country, and trademark filing date.
3. Examining the Application: After the trademark application is filed, the registrar of trademarks examines the application thoroughly to check whether the applicant has followed the specified terms and conditions and whether your application complies with the trademark law. He/she also checks that there is no similarity between the trademark applications registered and pending registration.
4. Trademark Registration Online and Journal Publication: If the trademark application deems fit after examination, it is then advertised in the weekly trademark journal. This journal is available to the general public to raise opposition. If there is no opposition within a time frame of 90 days (120 days in some cases), the trademark is registered, and a trademark registration certificate is issued.
5. Replying to Opposition: If an opposition is raised on the trademark application published in the journal, then the applicant must reply within two months of the opposition and provide a counter statement to prove that the opposition is not valid. After this, the registrar examines the application; if he deems fit, he can accept or reject the opposition.
6. Paying Fees: Upon submitting the trademark application, you need to pay the prescribed fees. The fees varies on factors such as the type of applicant (individual, small enterprise, or others) and the number of goods or services covered by the trademark. The payment can be made online through various modes, including net banking, credit/debit cards, or demand draft.
7. Registration and Certificate: If no opposition is raised or successfully defended against, the online trademark registration process moves forward, and the trademark is registered. The registration certificate is issued, providing legal protection to the trademark owner. The entire registration process typically takes around 1-2 years, depending on factors such as the complexity of the application, etc.

Trademark registration online in India is now more accessible than ever, thanks to the online filing system. By conducting a thorough trademark search, filing the application with the required details, paying the prescribed fees, and going through the examination and publication stages, businesses can secure legal protection for their brand. Remember that online trademark registration helps prevent unauthorized use of your brand and enhances its value in the market. If you are a business owner or an individual looking to protect your brand, tax2win’s expert CA’s will guide you through the process. Hire an eCA now!