HOW TO REGISTER TRADEMARK IN INDIA?

Trademark is a brand or logo which represents your business. Trademark means registration of your brand name. It assures the identity of the origin of goods and services. In India, you can trademark Letter, Number, Word, Phrase, Logo, Graphics, Smell, Sound Mark or a Combination of Colours.

Trademark registration provides the legal right of exclusivity for use of the mark by the owner of the trademark. The biggest businesses like Nestle, Siemens, Apple, and Samsung also protect their business by means of the trademark. The trademark is an important asset as it contributes to the goodwill of the business. Trademark is just like any other form of an asset like real estate, as it can be sold, licensed or assigned.

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages if infringements of trademarks occur.( like us on FACEBOOK )

Trademark registration is, however, a long process involving multiple steps. Today we will cover trademark registration process in India-

1. Trademark Search (Brand Name)

The first step is to search a brand name or logo for your business that is unique and is not used by anyone. We or any third party professional on our behalf must conduct a trademark search before registering the trademark. There is an online database available on the website of Comptroller General of Patent Design and Trademarks, where search can be done by professionals and non-professionals. Once you ensure that your logo or brand is unique, go for next step.

2. Filing of Trade Mark Application

File an application filed the Trade Mark Registrar office after the search for the trademark is complete. This application should be filed along with a fee for the Trade Mark registration and it can be filed with one of the five Trade Mark registry offices by hand or online.

3. Examining the brand name registration application

After receiving your application, the Registrar checks whether the brand name complies with the law and does not conflict with other existing registered or pending brands.

4. Publication in the Indian Trade Mark Journals

After examination, the logo or brand name is published in the Indian Trade Mark Journal. If no one raises an opposition within 3 months i.e. 90 days or in some cases 120 days, from the date of publication, the brand name proceeds to acceptance.

5. Issuance of the trademark registration certificate

If there is no opposition, within the stipulated 90 days period, the Registrar accepts the trademark application. And issues a Certificate of Registration under the seal of Trademark Registry.

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