A trademark is a special word, symbol, or combination that sets your company, goods, or services apart from the competition. It protects your brand legally from unauthorized usage and acts as its identity. Under the Ministry of Commerce and Industry, trademark registration in India is managed by the Controller General of Patents, Designs, and Trade Marks. This comprehensive guide will walk you through every stage of the online trademark registration procedure in India.
What is a Trademark?
Any symbol, name, logo, word, slogan, sound, or even a combination of colors that reflects your brand might be considered a trademark. A trademark grants the sole right to use the mark in connection with the products or services for which it has proved registered.
Why Trademark Registration is Important
Legal protection: It provides legal protection against infringement.
Brand recognition: It helps establish your brand identity in the market.
Exclusive rights: You have exclusive rights to use the trademark for your products and services.
Asset creation: A registered trademark is an intangible asset that can be licensed or sold.
Steps for Trademark Registration in India
Step 1: Conduct a Trademark Search
Before applying for a trademark, it’s crucial to conduct a trademark search to ensure that your desired mark or something similar is not already registered by another business.
Visit the official Trademark Search portal: https://ipindiaonline.gov.in.
Go to Public Search under the “Trade Mark” section.
Select your search criteria – wordmark, phonetic, or Vienna code (for logos).
Enter your desired trademark name or symbol and conduct the search.
Review the results to check if there are any conflicting marks. If your trademark is unique, you can proceed to the application process.
Tip: Conducting this search will help avoid future conflicts or rejection by the trademark office.
Step 2: Create an Account on the Trademark Registration Portal
To apply for a trademark online, you need to create an account on the official Intellectual Property India website. Follow these steps:
Visit the Trademark Registration portal at https://ipindiaonline.gov.in.
Under the Login/Sign-Up section, click on New User? Sign-Up Here.
Choose the user type: Proprietor (individual) or Agent (company or legal representative).
Fill in the required details such as your name, address, and contact information.
Create a unique username and password.
Once done, verify your account through the email link sent to your registered email address.
Step 3: Filing the Trademark Application (Form TM-A)
Once you’ve created your account, you can proceed to file the trademark application.
Log in to your account using your username and password.
Go to the E-Filing Services section and select Trademark Filing.
Select the correct form for filing a new trademark: Form TM-A.
TM-A is the application form used for the registration of a trademark.
Fill in the details, which include:
Applicant’s information: Name, type of business (individual, company, etc.), and address.
Trademark details: The mark (wordmark, logo, or both), description of the goods or services, and class of the trademark.
Vienna classification: If your trademark is a logo, you need to classify it under the Vienna Codification, a standardized system used to categorize graphical trademarks.
Priority claim (if applicable): If you’ve already applied for this trademark in another country, you can claim priority status.
Upload supporting documents such as:
Soft copy of the trademark/logo.
Identity proof (Aadhaar, passport, PAN card) of the applicant.
Business registration proof (if applicable).
Power of attorney (if filing through an agent or attorney).
Step 4: Pay the Application Fee
After filling in the form and uploading all the required documents, the next step is to pay the application fee.
Individuals, Startups, and Small Enterprises: ₹4,500 (per class)
Other Entities: ₹9,000 (per class)
The fee can be paid online using net banking, credit card, or debit card.
Note: Trademarks are categorized into 45 different classes based on the goods or services they represent. If you wish to register your trademark under multiple classes, you will need to file separate applications and pay separate fees for each class.
Step 5: Submission and Application Number Generation
Once the fee is paid, review your application carefully before submitting it. After submission, the system will generate an Application Reference Number (ARN) or Trademark Application Number. This number is crucial as it allows you to track the status of your application.
Step 6: Trademark Examination
After submission, the trademark application will go through a formal examination process by the Registrar of Trademarks.
The examiner will review the application to ensure it complies with the law.
If the trademark is found to be unique and doesn’t conflict with any existing marks, it will be published in the Trademark Journal.
In case there are any objections, you will receive a notice from the Trademark Registrar detailing the objections. You will need to submit a written response and, in some cases, attend a hearing to defend your trademark.
Step 7: Publication in the Trademark Journal
Once the trademark is examined and approved, it will be published in the Trademark Journal. This journal is open to the public for a period of four months.
During this time, any third party who believes your trademark is similar to theirs can oppose the registration.
If no opposition is raised within four months, the trademark proceeds to registration.
In case of opposition, both parties will be given a chance to present their arguments. The Trademark Registrar will then make a decision based on the evidence provided.
Step 8: Trademark Registration and Issuance of Registration Certificate
If no opposition is raised, or if the opposition is resolved in your favor, your trademark will be officially registered. You will receive the Trademark Registration Certificate, and your mark will be entered into the register of trademarks.
Once registered, you can start using the trademark symbol ® next to your brand name or logo, indicating that it is a legally protected trademark.
Documents Required for Trademark Registration
Here’s a quick list of the documents you will need for the trademark registration process:
Identity proof of the applicant (Aadhaar, PAN, passport).
Address proof (utility bills, rent agreements).
Business registration certificate (for company registrations).
Logo or trademark image (if applying for a graphical trademark).
Power of attorney (if filing through an agent).
Proof of claim (if claiming priority based on a foreign application).
Conclusion
Trademark registration is a vital step for safeguarding your brand identity in a competitive market. By following the step-by-step guide above, you can easily apply for trademark registration online in India. Remember, once registered, the trademark is valid for 10 years and can be renewed indefinitely.
With proper research and preparation, securing your trademark will help you protect your brand and grow your business with confidence.