23 March 2023
If you want to register your trademark, you may have many questions about the process. Here is a list of the most frequently asked questions about trademark registration in India, along with their answers:
A trademark is a symbol that represents a mark for providing certain goods or services. It is capable of being represented graphically and distinguishes the goods or services of one person from those of another. It can be a device (logo), brand, heading, label, ticket, name, signature, word, tagline, letter, numerals, shape of goods, packaging, sound, new color, or a combination of colors.
No, it is not mandatory to register a trademark in India. However, registering a trademark offers the owner of the mark a wide range of benefits and advantages, including claiming priority over the mark if infringed by another for the same or similar goods or services.
Any person claiming to be the proprietor of the trademark can apply for registration of a trademark on a 'used' or 'proposed to be used' basis. In India, the trademark registry operates from five locations, namely Delhi, Mumbai, Ahmedabad, Kolkata, and Chennai, which oversee applications from specific regions assigned to them.
The documents required for trademark registration include a soft copy in case of the logo/device mark in JPG format with dimensions of 8cm x 8cm, ID proof, address proof, citizenship, business registration document (if any), shop establishment license, LLP/ company’s address proof, certificate of incorporation, partnership deed, Startup Recognition Certificate issued by Department of Promotion of Industry and Trade (in case the applicant is a startup), and UDYOG AADHAAR registration (in case the applicant is a small enterprise recognized by the Ministry of Micro, Small and Medium Enterprises).
Registering a trademark confers upon the owner the exclusive right to use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate by using the symbols ™ and ® and seek relief of infringement in appropriate courts in the country.
The applications for trademark registration can be submitted personally at the Front Office Counter of the respective office, sent by post, or filed online through the e-filing gateway available at the official website.
The government fees for trademark registrations vary based on the applicant. For individuals, startups, and small enterprises, the e-filing fees are Rs. 4500, and the physical filing fees are Rs. 5000. For all other cases, the e-filing fees are Rs. 9000, and the physical filing fees are Rs. 10000.
Trademark registration is a judicial process and can take some time. Trademark registration usually takes between 8-15 months to obtain registration in a straightforward case, i.e., without any objections or oppositions.
The registration process involves identifying the classes based on the goods or services to be provided where the trademark shall be used, conducting a trademark search to know if there are similar trademarks already registered in the particular class/classes the trademark is intended to be registered, and filing the trademark application with the requisite details on the https://ipindia.gov.in/ website.
Thereafter the mark is scrutinized+ by the Registry, who will issue an examination report if there are any objections or conflicting marks, and provide the applicant with an opportunity to file reply and attend hearing to present its case. After the hearing, the Registry may reject the mark or accept and advertise it in the TM Journal. If the mark is advertised, it will be open for all public to oppose the mark on any ground and opposition can be filed with the Registry, who will forward a copy of the opposition to the applicant and grant an opportunity to file counter statement and attend hearing for the opposition. After the hearing it upto the discretion of the Registrar to accept and register the mark, or refuse and reject it.
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