All You Need to Know About the Trademark Registration Process in IndiaFebruary 25, 2022
A trademark is an important aspect for a brand or a company that wants to ensure that no other company or individual uses the same name for their products or services. A trademark registered in India is considered the intellectual property of the company that has acquired the trademark certificate. A trademarked product stands out from the crowd, and customers generally like to be associated with products or services that have been registered. The trademark registration process in India is governed by the Trademark Act.
What Can a Company Trademark?
While there are many types of trademark applications based upon the category of the product or service, a company can register the following:
- Name of the company or brand, name of the product or service, their business name so no one else can copy it, or a person’s name and surname. A company can also register the abbreviation of their company as a trademark.
- Their logo or symbol to make sure no unauthorised person or company can use it for their marketing purpose.
- Their tagline or even the colour combination they use for their products or services.
Why Does a Company Need Trademark Registration?
Trademark registration for a business is essential to gain legal protection for the name, tagline, or any part of their product or service. A trademark assures that a company’s brand of product or service has its unique identity in the market. A brand with the famous ™ mark has the benefits of enjoying customers’ trust and loyalty. Trademark ensures a company has legal protection from unauthorised usage, and it is an asset on its own.
Required Documents for Trademark Registration Process in India
- Applicant’s name.
- Business type.
- Objectives of the business.
- Brand name, logo, or tagline that needs to be trademarked.
- Registration address.
- Signed Form – 48.
- Proof of identity.
- Business proof along with Udyog Adhaar or MSME registration certificate. However, these are optional.
Registering for Trademark in India
Before a company can register for a trademark, they need to do a trademark search. With the help of a trademark search, a company or an individual can acquire data from the trademark database for similar or already registered trademarks. The search can be conducted by visiting the website of the Trademark Registrar.
Once the search has been completed, the company can move towards filing a trademark if they have not come across any other similarly named trademarks. The trademark filing can be done with the Trademark Registrar Office. A company can approach a trademark lawyer to file a trademark in India. The application form must contain the following information:
- Logo or the name of the trademark.
- Name and address of the applicant.
- Classification of the trademark.
- Description of the goods or services.
Once the application has been submitted to the Trademark Registrar, you can get an allotment number within two working days. You can also track the status of your application online via the official website.
As per the Vienna Agreement of 1973, all trademark applications are sent for Vienna Codification based upon the type of trademark required.
Once the Vienna Codification is acquired, the trademark is allotted to the Trademark Officer for examination. The officer examines the trademark for any irregularities with the brand, logo, or tagline and scrutinises the applicant’s documents. If the officer has any objections, they can call the applicant to the office for clarification.
Trademark Journal Publication
Once all the issues at the officer’s level have been resolved, the applied trademark is sent for the Trademark Journal Publication. The Trademark Journal Publication is a document published weekly to display all the accepted trademarks. If anyone has an issue with the accepted trademark, they can raise the query with the Trademark Registrar. A hearing will be called by the officer to understand the query, and the officer can decide if the trademark should be allotted or not.
If there are no objections within 90 days of applying for a trademark, the officer sends the document for the registration process. Once the process is completed, the trademark certificate will be sent to the officer as an official confirmation to use the trademark for marketing purposes.