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Trademark is capable of distinguishing the goods or services of one person from another. Trademark is a source identifier. You can protect your products/ services from being copied or misused by filing an application for trademark.
The registration of the trademarks is valid for the period of 10 years from the date of application.
On the expiry of the registration of the trademarks, it shall be renewed on the payment of the prescribed fees within the stipulated time frame, for further 10 years.
Selection of mark
Check for pre-existing similar or identical marks to avoid conflict.
Filing of application
File an application through Form TM-A, in office of the Trade Marks Registry.
Mode of application:
Preparation of examination report by Examiner
Examiner will ensure that the mark is distinctive and does not have any conflict with an existing trademark.
Response to objections (relative or absolute grounds) received
Applicant is required to serve a reply within 30 days from the date of receipt of the Examination Report countering the objections received.
Acceptance and Advertisement
On being satisfied by the reply to the objections, the Examiner shall publish the trademark application in the Trade Marks Journal examination report the Trade Marks, which can be accessed online.
Any person may, within 4 months from the date of the advertisement (or re-advertisement) of an application for registration, give a notice in writing to the Registrar, of opposition of registration of that trademark.
The application shall proceed to registration, if the trademark application is not opposed within the stipulated time or if the opposition claim is dismissed. The Registrar will then issue a soft copy of the Registration Certificate and register the trademark within 18 months from the date of the application.
Video on Trademark Registration Process
- What is a Trademark?
- Benefits of a Trademark Registration
- Documents Required for Trademark Registration
- Procedure to Register a Trademark
- Validity and Renewal of Registered Trademark In India
- Trademark Search
- Registration of Trademark
- Filing of Form TM-A
- Trademark Class Consultation
- Copy of Logo/ Brand
- Identity Proof
- Address proof
- Invoices issued by you
- Invoices issued to you
- Any print media (advertisements etc.)
- Incorporation certificate/ Partnership Deed
- MSME certificate (optional)
Trade mark refers to any logo, symbol, slogans, invented words, name, shape or letter which is capable of distinguishing a product.
Any individual, partner of a firm, a trust or joint applicants claiming to be the proprietor(s) of the trademark.
A trademark is valid for a period of 10 years and can further be renewed for the next 10 years on payment of the prescribed fees.
Trademarks in India are classified into 45 different classes: Goods: Classes 1-34 Services: Classes 35-42
Yes, 3-Dimensional shapes can also be a trademark.
No, the registration of trademark is not compulsory. The registration of a trademark prima facia provides the benefits of filing a suit against a person who has infringed your rights or used your trademark.
An application, notice or request must be signed by or on behalf of the person making the application.
No, the copy of logo is not compulsory. In case the logo is not provided, the trademark application can be filed for the word.