Step by step process for trademark registration

  1. In order to register a trademark, the applicant can either do so himself or engage the services of a lawyer who will guide him through the various stages in the process.
  2. Registration of a trademark is of utmost importance as it helps to identify a product/service. Use of the trademark over a number of years makes it synonymous with the particular product/service and use of a similar/identical mark by anybody else would amount to trademark infringement.
  3. Any person who can be an individual, company, proprietor or legal entity claiming to be owner of the trademark can apply for trademark registration. 
  4. The applicant while choosing a trademark must avoid laudatory words which define the quality of a product and preferably conduct a market survey and a search at Trademark office to ascertain if the same/similar mark is being used in the market.
  5. Types of trademarks:

    • A name (including personal or surname of the applicant or predecessor in business or the signature of the person)
    • A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods / service
    • Alphanumeric or letters or numerals or any combination thereof.
    • Combination of colours or a single colour in combination with a word or device
    • 3-dimensional signs.
    • Image, symbol, monograms, 3 dimensional shapes, letters etc.
              Sound marks. 

  6. An applicant may begin his trademark registration by filling and electronically submitting the form ‘TM-1’ with the prescribed fee at the website- www.ipindia.nic.in or at the trade marks registry located at Delhi, Mumbai, Kolkata, Chennai and Hyderabad.
  7. After this you will be issued an official receipt with a TM number.
  8. The application will then be formally examined by an examination officer who will issue an examination report.
  9. If the examination report raises any objection, it has to be replied to within 1 month from the date of receipt of examination report. The applicant could also request for a hearing with the examiner to sort out the objections raised.
  10. If there are no objections raised in the examination report, it is published in the trademarks journal.
  11. Once it is published, any party wishing to oppose the trademark registration must file a notice of opposition with the registry within the next 4 months. This notice is served on the applicant within two months from receipt by the registry to the applicant.
  12. In case no other party raises an objection, the trademark is likely to be registered within the next six months.
  13. Upon receipt of the notice of opposition, the applicant has to respond to it within the next 2 months stating the grounds on which he relies for the registration. This reply is served to the opponent.
  14. Both the parties are then called upon for a hearing in which the applicant would present evidence supporting the registration.
  15. Depending on this meeting, the registrar would register the trademark for a period of 10 years from date of application and the trademark certificate would be issued.
  16. The applicant can start using the ® mark on his product/service to signify that his trademark is officially registered.                         
  17. The trademark registration would have to be renewed within 6 months before expiry of the registration and would be valid for the next 10 years.
  18. The registration process is likely to take anywhere between 12-18 months, depending on the peculiarities of each case.

       Documents required to be submitted: Copy of trademark or logo, applicant details such as name, address of company, date of incorporation, power        of attorney (Rs 100 stamp paper), date of first use of trademark.

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