Trademark Registration – Register a Trademark
A trademark is a word, symbol, design, combination of letters or numbers or other device which identifies and distinguishes products and services in the marketplace. Your customers identify your firm with your name / logo i.e., trademark. A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or authorize another to use it in return for royalty.
INFORMATION REQUIRED FOR THE DRAFTING OF TRADEMARK APPLICATION
- Full name, Fathers Name, Business Name, Address and Nationality of the applicant/s;
- Type of Ownership (Body Incorporate, Partnership Firm, Proprietorship Firm, Trust, Society etc.);
- List of goods and or services;
- Trademark Class as per International Classification of goods and services;
- Date of first use of the mark in India, if any, or statement that the mark is proposed to be used in India;
- Details of Convention Priority, priority application number, filing number and date of the first filed country (if any), the term of priority is (6) six months.
DOCUMENTS REQUIRED FOR THE FILING OF TRADEMARK APPLICATION
- A Power of Attorney (neither notarization nor consular legalization required) to be executed by an individual or a representative of a corporation, on a Stamp Paper of Rs.100/- (One Hundred);
- Soft copy of the Mark, Logo or Label to be registered (Preferably in JPEG, JPG or GIF file formats);
- Certified copy of the application which is the basis of the Convention priority (if applicable) may be filed within (3) three months from the Indian filing date.
Note: If a right of priority is to be claimed based on an application filed in a Convention country within the last (6) six months, the filing date and a certificate by the registering authority of that country.
Trademark Registration Process
1. Trademark search
Although it is not mandatory, but it is highly recommended to conduct a trademark search before filing for a trademark registration application to ensure that there is not a prior existing mark similar to yours that could prevent your mark obtaining registration. It is also useful for you to know whether there are similar marks in the marketplace.
2. Drafting and Filing of Trademark Registration Application
Once the relevant searches have been conducted with the results showing the mark is not too similar to a previously existing mark, then a trademark application is filed with Trade Marks Registry India.
At this stage it is necessary to define the goods and services for which trademark protection is sought.
This should be as broad as possible (but not so broad as to be meaningless) as you are endowed protection from a potential infringer only for the goods and services covered by the application. It should include even future uses of the mark.
3. Examination Report
Trade Marks Registry will then examine the mark to ensure it meets the requirements for registrability in India.
4. Respond to objections, if any
Objections arising from examination are common. They can often be overcome by:
- submitting legal arguments as to why the mark should indeed be registered; or
- providing evidence that the mark has been in use for a sufficient time; or
- altering the goods/services of the trade mark specification.
5. Acceptance before Registration
If there are no objections from Trade Marks Registry, or they are overcome, then a notice of acceptance will issue. The acceptance and details of the mark will be published shortly thereafter in the Trade Marks Journal, and once published, there is a four months period in which other parties can formally oppose the registration of the mark.
If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate will issue. Once registered a trademark will be valid for 10 years thereafter it can be renewed for another 10 years upon paying the government fees.