Trademark registration is very essential for a brand reputation and brand identity protection. Trademarks can influence consumer purchase decisions. Simply put, a trademark communicates emotional and intellectual traits and communications about your company, its products and services.
A trademark registration is also an effective business communication tool to attract client attention and distinguishing business products and services from other players in the industry. It helps customers to recognize the brand and its products easily.
Indian Trademark Registry was established to manage all the rules and regulations of the Indian trademark law.
Who Can Apply For A Trademark?
Any individual, organizational entity or limited liability partnership can be the applicant and may apply for trademark registration. The person whose name is specified as the applicant in the trademark registration form is considered the trademark owner after the trademark has been successfully registered.
Check For Trademark Availability
You need to visit the official website of trademark registration in India. When you search, you will be able to see a list of trademarks either objected/registered/abandoned, which will serve basis for you to finalize the trademark.
What are the steps to register a trademark in India:
1.Choosing a trademark: You should choose a distinctive and unique trademark to signify your organization. In the initial phase it is important to find out which trademark class your product or service belongs to. Presently, there are 45 classes of goods and services under which trademarks can be registered. You can find the list of these classes here.
2.Mark search: After choosing your proposed trademark, you are required to make a smart search to find out whether the selected trademark resemblance to any previously registered trademark. For this, you may make a manual search or visit the website of the Indian Controller General of Patents, Designs and Trademarks. You can make a public search on this website. After clicking on the public search option, you can choose the class and search the online trademark registery database. Alternatively, you can connect with professional legal services provider like Legalo who help you with end to end trademark registration services
3.Filing application: There are two options to pick from while filing for a trademark.
- Trademark can be filed under a specific class and this would mean that the trademark will be registered only for the single class chosen by you. For this, you have to fill the form TM-1 along with a fee of Rs. 3,000 .
- Alternatively, you can file for a trademark for multiple classes or collective trademark. You will be required to fill in form TM-A for registering the trademark for more than one class.
There are two different cost brackets for filling the TM-A form.
Individual, small enterprise, or a startup: You are expected to pay an amount of Rs. 4,500 if you are e-filing the form or Rs. 5,000 if the form is filed physically.
Not an individual, small enterprise, or a startup: You are expected to pay an amount of Rs. 9,000 if you are e-filing the form or Rs. 10,000 if the form is filed physically.
You need to be careful while filling the form to avoid mistakes. You need to add a clear picture of the intended trademark along with 5 duplicates of the proposed trademark. The complete file needs to be submitted with two duplicates at the time of filing the trademark registration application.
Status Of Application
You will get an allotment number after you’ve got the approval of your trademark registration application. The progress status of your trademark application can be reviewed online using the allotment number. In the meanwhile, you can use the trademark (TM) symbol next to your brand after obtaining the allotment number.
Types Of Trademarks Available
There are 45 classes of trademarks according to the NICE classification of trademarks.
It is essential to note that a class search needs to be made ahead of a trademark search to evaluate the class the product or service belongs to. The process of trademark registration in India makes it simple for you to trademark any one or a combination of letter, number, word, graphics, logo, mix or smell of colours, sound mark, or phrase.
If you want to register a trademark in India, contact Legalo, who offers a wide range of business, accounting & tax, and legal services.