According to data, about 7 million trademark applications were filed across the world in 2016. It was 16.4 percent more than the figures shared in 2015. This data clearly shows that trademark registration is more common than you think. If you own a business or you are hoping to own one, then you should know that trade mark registration is vital for your brand because it allows you to protect your business services from imitation while also ensuring that you don’t accidentally use a brand name registration that already exists by any other firm.
- 1 Understanding a Trademark
- 2 Trademark Registration in India
- 3 Who can opt for Trademark Registration in India for a brand?
- 4 How much Time is required to Register Trademark for Your Brand in India?
- 5 How Often Should You Renew the Trademark?
- 6 Why must You Consider Trademark Registration?
- 7 What are the Types of Trademarks for Your Brand in India?
- 8 What documents are needed for Brand Registration (Trademark) in India?
- 9 Steps for Trademark Registration India for your Brand
- 10 What if Someone Objects to Register Trademark for Your Brand?
- 11 How Long You Need to Wait to Register Trademark for Your Brand in India?
- 12 Conclusion
Understanding a Trademark
In simple words, a trademark is a mark or logo that represents your business. You can use a word signature, device, symbol, brand name, logo, tagline, packaging labels, wrapper, numerals, labels or combination of colors, etc. to mark your business, products or services as unique.
Trademark Registration in India
The Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India is the only body that allows you trademark registration as per the Trademark Act, 1999. Once you get a registered trademark, someone who tries to imitate it or create a deceptively similar trademark (or conducts a trademark infringement) can be sued for damages by you.
Who can opt for Trademark Registration in India for a brand?
Any person, company, proprietor or legal entity can apply for a trademark if he/she or it owns it. As soon as an application for a brand is filed, an individual, company, proprietor or legal entity can start using the TM symbol.
How much Time is required to Register Trademark for Your Brand in India?
The trademark registration process in India can take up to 18 to 24 months. When it is complete, a registration certificate is issued. Only when the license is issued, an individual, company, proprietor or legal entity can start using the ® (Registered symbol) next to the trademark.
How Often Should You Renew the Trademark?
A trademark is valid for ten years from the date of filing. It can be renewed from time to time.
Why must You Consider Trademark Registration?
This process allows you the following benefits:
- It helps in identifying your brand, product, and service.
- It assists with advertising a product or service.
- The addition of trademark on the product, service or brand guarantees quality.
What are the Types of Trademarks for Your Brand in India?
- A name, surname or signature of a person can be a trademark.
- A word that is invented or any arbitrary dictionary word that describes the character or quality of a product or service can be a trademark.
- Sound marks that are in audio format can be a trademark.
- Three-dimensional shapes, letters, symbols, images, or monograms can be trademarks.
- Numerals or alphanumeric can also be trademarks.
- A combination of any of the above can also be trademarked.
What documents are needed for Brand Registration (Trademark) in India?
- Details of the applicant (name, address, and nationality in case of a person and state of incorporation if it’s a company).
- Trademark or logo copy.
- Goods or services that need to be registered.
- Date of first use if you have used it before applying for registration.
- A power of attorney needs to be signed by an applicant.
Steps for Trademark Registration India for your Brand
In this step, you need to get the thorough search done online and offline to see whether the trademark you need to register is similar to any other registered trademark or not.
Creating the Application
In this step, a trademark attorney will draft the trademark application only if the trademark is unique. If someone is using a similar trademark that’s registered, you need to change yours. If you have been using it before the other person or legal entity, you need to prove it.
This paragraph briefs you about how to register trademark in India. In this step, you need to pay a government fee of INR 4,500 (as an individual, small enterprise or. startup) or INR 9000 (all other cases). You should also know that trademark attorney professional fees is INR 3500 for every application and every class. If there is no trademark objection at this stage, an advertisement will be given in the Trademarks Journal. If no objections are made after four months since the publication, your trademark will be registered after about six months.
What if Someone Objects to Register Trademark for Your Brand?
If there is an objection, you might need to shell out INR 2000 to INR 5000 to overcome the opposition. A hearing will also be required, and it would add to the expense.
How Long You Need to Wait to Register Trademark for Your Brand in India?
To get trademark India approval, it takes 18 months to 2 years. So, you need to be patient and never expect to rush it.
As can be seen from above, trademark registration is important to any kind of business. Trademark registration helps you to secure your brand from others.
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