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If you are a business owner who wants to protect the identity of your brand and make sure that you have exclusive rights over your logos, brand name, slogans, etc., then it is crucial to get your trademark registered. However, navigating the trademark registration process in India can be intimidating without proper guidance. To simplify this journey, we present a comprehensive flowchart guide that outlines the step-by-step procedure for trademark registration in India.
A trademark is a word, symbol, phrase, sign, design, graphic, or logo that protects the identity of a particular brand, product, or service from being infringed or copied. A trademark differentiates a brand’s products from that of its competitors. Consumers generally identify a brand’s products and services by its logo, unique features, and quality.
The trademark registration process refers to the act of registering the trademark name, logo, or symbol with Intellectual Property India’s official registrar of trademarks. In India, trademark registration is managed by the Trademarks Registration Act 1999.
If you are confused as to how to register your trademark in India, given below is the trademark registration process that you can follow to get your trademark registered -
Step 1: Determine Trademark Eligibility
Before you dive right in and start applying for trademark registration, you must first check for the availability of your trademark. First of all, check if your trademark is in accordance with the rules and regulations of the Trademarks Act 1999. According to the Act, a trademark should be distinctive, non-descriptive, and not similar to any existing registered trademarks. It should have the potential to differentiate your goods or services from those of others. To assess the eligibility of your trademark, you must consider factors such as uniqueness, distinctiveness, and the potential to cause confusion with existing trademarks. Conducting a thorough search of existing trademarks is crucial at this stage to avoid potential conflicts later in the registration process. You can conduct a trademark search through the Government of India’s Trademark Electronic Search System (TESS).
Step 2: Conduct a Trademark Search
Once you have determined if your proposed trademark is in accordance with the Trademarks Act 1999 and is appropriate in respect of uniqueness and distinctiveness, the next step is to check if it is already available. For this, you need to conduct a trademark search. Performing a trademark search through Intellectual Property India’s official website will help you avoid potential conflicts and reduce the chances of rejection of your trademark application. In this step, you must check if there is an existing trademark already registered by the name you have proposed or is similar to an already registered or advertised trademark. Conducting this step is crucial in the process and helps ensure that your content does not infringe upon the existing ones. It also reduces the possibility of any objection at the time of examination and ensures a smooth trademark registration process.
The trademark search can be done through the official Trademarks Registry website or by seeking the assistance of a CA. The search should encompass the Indian Trademarks Registry database and other legal sources.
Step 3: Filing 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 -
Step 4: Examination of Trademark Application
After filing your application, it undergoes an examination by the Trademark Registrar to assess its compliance with the relevant laws and regulations. There are two possible outcomes: acceptance or objections.
During the examination, the Registrar reviews the application for any procedural deficiencies or potential conflicts with existing trademarks. If the Registrar finds any issues, they will issue an examination report outlining the objections raised. Common objections include the mark being descriptive, lacking distinctiveness, or resembling existing trademarks.
If objections arise, you have to address them within the given timeframe. This can involve submitting a response to the examination report, presenting arguments and evidence to overcome objections, or amending the application to meet the requirements. You can also consider seeking the assistance of an eCA to help you resolve the objections and get your trademark registered.
If the application is accepted, the registrar advertises the trademark in the trademarks journal.
Step 5: Publication of Trademark in the Trademark Journal
Assuming your trademark application is accepted, the flowchart proceeds to the publication stage. The accepted application is published in the Trademark Journal, which is available to the public. This publication is available to the public to raise objections. If the proposed trademark appears to be infringing upon any existing trademark, the public can raise an objection to the same.
Step 6. Replying to Opposition
If there is any opposition to the trademark application, then the applicant must reply to the trademark within 2 months and provide a counter statement that states that the opposition is not valid and the trademark does not infringe on any other existing trademark. The application is again examined by the registrar and either accepted or rejected.
Step 7. Paying Fees
After the trademark application is submitted, you also have to pay fees which are subject to factors like the type of applicant and the number of goods and services covered under the trademark. Upon submitting the trademark application, you need to pay the prescribed fees. You can pay using online mode, net banking, credit/debit cards, or demand draft.
Step 8. 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.
With the digitization of government services, services like trademark registration have become very accessible to the public. The steps mentioned above can easily get your trademark registered. And if you are finding it hard to conduct the trademark search and get your trademark registered, you can also hire an eCA from tax2win to help you with the trademark registration process.
