How to do Trade Mark Registration in India?How many years did it take for you to build a prestigious identity of your brand? Yes, more than I can even imagine. So how would you let any Tom, Dick or Harry copy your identity? Definitely not! Therefore, you will do the trade mark registration of your brand to exempt everyone from copying it.
But it is also a big question of how to do trade mark registration in India. In this article, we will help you know about the complete procedure including each step. Before we begin, let’s know what does Trade-marking means?Trade Mark Registration of a brand:A trade mark registration of a brand simply means brand name registration. It completely means “this brand is ours” and if anyone else tried to use it then we can file a case against you.What is Trade Mark Law:In India, the laws of trade mark mentioned in the Trade Marks Act, 1999 came into effect from 15th September 2003. Also, the old Trade & Merchandise Marks, Act, 1958 became obsolete at that time. This 1999, Trade Marks Act was as per the recommendation of the WTO and also is in conformity with the TRIPS agreement.In our country, you can get trade mark for any of the following or by combining these attributes:LetterNumberWordPhraseLogoGraphicSmellSound MarkColour CombinationProcedure of Trade Mark Registration:1st Step: Delve for a captivating & unique brand name:Firstly, come up with a whacky and quirky brand name because you know all the common generic names must have taken. If possible, try to invent your own name or coin it.2nd Step: Fill the trademark application:Now, since you have decided for the trade mark name, you can now fill the trade mark application i.e, Form –TM 1. There is a one-time application fee of Rs. 3500. Apart from this application, there are some documents that you will require:Business Registration Proof: You will need to provide identity proof of the owner or directors of the company along with the address proof.An image of the logo of your brand within a standard size of 9 x 5 cms.If required, then a proof of claim that the proposed mark has been used earlier in another country.3rd Step: Filing the Brand name registration applicationYou can file the registration either manually or e-filling. If you want to do manual filing, you have to personally go and submit the application for registration. The Registration of Trade Marks is located in these cities: – Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad. After the submission, you will get the receipt and the acknowledgement within 2 to 3 weeks of the filing.However, you will get the confirmation immediately in the e-filing procedure.After getting the confirmation, you may begin to use the Trade Mark Symbol next to your brand name.4th Step: Examination of a brand name registration applicationThe registrar receives the application and examines it whether the brand name satisfies with the law and have no conflict with any other registered brand names. Hence, go for a quirky brand name.5th Step: Publish it in the Indian Trade Mark JournalsAfter the registrar is done with examination, the brand name or logo needs to be publish in the Indian Trade Mark Journal. If there is no opposition from anyone within the 3 months or in some cases, 4 months, from the publication date, then the brand name will get accepted.6th Step: Trade Mark Registration Certificate IssuanceIf your brand name or logo doesn’t face any dispute within the above-mentioned period, the Registrar will accept the trademark application and will issue a Certificate of Registration under the seal of Trademark Registry.You can also now use to the trademark symbol (®) next to your brand name, after the issuance of the certificate.Hope you have completely understood the procedure of applying for the trade mark for your brand. However, if you have just begun in your business then investing for a trade mark is not essentially required. Firstly, give utmost priority to the services or products you provide and build a good reputation for your brand.
