What is Trademark Registration ?
Trademark registration in India is going through many innovative changes. Consider this – one can now avail trademark for Unconventional Marks through which even a definite sound can now be registered as a trademark in India. It takes a great deal of hard work and resources to build a brand. Hence, It is necessary to make sure that you have exclusive ownership to use the logo, slogan, shape, and packaging of goods, sound, smell, color combinations, or anything else that gives your brand a distinct identity.
Trademark Act, 1999 allows you to register a trademark in India.
₹ 7499 All Inclusive
How To Register A Trademark In India?
Documents required to register a Trademark Application
Brand Proof Documents
NOTE: Further documents and scrutiny can be made on a case by case basis which is beyond our control.
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Frequently Asked Questions
Many start-ups register a Trademark based on the founder’s name, whereas large businesses prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the entity.
Trademark registration process in India consists of the following main components before the Trademark is granted:
- Trademark application in the right class, with all the correct details.
- Send it to Vienna Codification – As soon as a new trademark application is filed, a Vienna Code is assigned if the trademark comprises of figurative elements/logo. Vienna codification is done by the Registry so that the trademark searches can be conducted for artworks/logos.
- Formalities Check – This is the first step of verifying the Trademark Application whereby the Trademark Registry usually checks if the basic requirements are met. This includes scrutinizing whether the POA has been uploaded (when filed through an attorney) and whether the appropriate translation/transliteration has been filed in case of TM is not filed in English/Hindi.
- An issue of Examination Report from the Ministry – On verification of basic details, the registry examines the application under various sections to see if the Trademark applied for requires any clarification under any of the Legal sections of the Act. When they feel that any information is required, then they would issue an examination report with the relevant section to which a reply MUST be filed.
- Exam Report Issued / Accepted – After acceptance of the Trademark application or submission Examination Reply if the registry is satisfied then they will proceed for the Trademark name or symbol or both to be published in the Trademark Journal.
- “Advertised before acc” or “Advertised” or “Accepted & Advertised” – At this stage, the trademarked name or logo or both are advertised in the Trademark Journal. These are kept open for Objection for 4 months for any third party to oppose the published Trademark. When any such objections are received, the status would change to Opposed – to which a proper reply should be filed.
- Registration– If there are no other objections, clarifications, or oppositions, the trademark application would be accepted and marked as ‘Registered’. This is when the Trademark applicant can start using the ® symbol.
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