How to register a Trademark in India

 

HOW TO REGISTER A TRADEMARK IN INDIA

What is a trademark?

According to Section 2(1) (zb) of the Trademark Act, 1999 a trademark is a mark which is capable of being represented graphically in the form of a symbol, logo, word or name. In simple words, a trademark is a word, phrase, symbol or sign that distinguishes goods and services of one organization from another.

The trademark registration process –

The following procedure must be followed to successfully register a trademark in India –

1.      Trademark Search -

The first step towards registering a trademark is to conduct a search whether a similar or identical trademark has already been acquired by a third party.  

A trademark search reduces the possibility of refusal by the registry or opposition by any third party. The trademark search can be conducted by visiting official website of the trademark registry or a specialized third-party software.

2.      Trademark Filing –

Following the trademark search the trademark application can be filed either online or offline depending on the client’s preference in the prescribed form.

It must contain the following information – The trademark, name and address of the owner, classification of trademark, used by date and description of goods and services.

3.      Trademark Examination –

A trademark application allotment number is provided within one or two working days after filing application.

The next step involves the trademark application being sent to Vienna Classification for figurative elements of marks.

Following the Vienna Codification, the application is reviewed by the examiner of trademarks for any irregularities or deficiencies. A trademark may be accepted unconditionally or the examiner may prescribe certain conditions to be fulfilled which have to be met within a period of 1 month or more if granted by the examiner.

4.      Publication in Trademark Journal –

The trademark is then published in the weekly journal which contains a list of trademarks that have been accepted by the Trademark Registrar and provides the public with a time period of 4 months to raise objections if any.

If there is opposition to the trademark a hearing is conducted by the concerned officer who determines whether the trademark will be accepted or rejected.

 

5.      Trademark Registration –

Once all the objections and opposition to the trademark have been cleared a trademark registration certificate is granted bearing the seal of the registry.

It is valid for a period of 10 years and may be renewed thereafter within period of one year from expiry of the trademark.

 

Thus, trademark is an essential form of intellectual property for organizations and enterprises as it protects the owner from unauthorized use of the identity of his/her goods and services as well as it can be used as an important tool for marketing as well as enhancing brand value.

 

FREQUENTLY ASKED QUESTIONS

Q1. What constitutes a good trademark?

The best trademarks are original, invented and often coined by the owner themselves in the form of words or unique designs. A few examples of good trademarks are the brands McDonald’s and Instagram as well as product names like iPod and Big Mac.

In addition to this, it is advisable to avoid common geographical and personal names as it is not possible to have a monopoly over them.

       Q2. Who is eligible to apply for a trademark?

The Trademarks Act, 1999 allows any individual, company, limited liability partnership, Hindu Joint Family which claims to own a trademark to apply in writing in the prescribed manner.

Q3. Can a trademark be used without being registered?

Yes, a trademark can be used without being registered. It is often being accompanied by the ™ symbol.

However, registering a trademark is greatly beneficial as it provides an effective and efficient proof of ownership and provides the proprietor with the exclusive right of usage of the said trademark. It is accompanied by the ® symbol.

Q4. What is the cost of trademark registration in India?

The government fees for trademark registration is Rs 9000 per application per class for company and Rs 4500 per application per class for individual.

Q5. Can a trademark be altered after registration?

The alteration of a trademark is governed by Section 59 of the Trademarks Act, 1999.

Alteration of trademark is allowed in the following cases –

·       If the name of business is to be changed.

·       If the address of the business is to be changed.

·       If any new license registration has been taken or given up.

·       If there is any change in usage and control which arises mostly in case of a collective trademark.

In addition to this, the trademark as a whole cannot be changed. Furthermore, the list of goods and services can be extended but not limited.