Trademark is defined as exceptional extraordinary signs that are utilized to identify goods or services from a certain company. They can be designs, pictures, signs, or even expressions. It is significant in light of the fact that it separates your products from the rivalries. It tends to be related to your brand or product. Trademarks are classified as intellectual property and therefore are protected from infringement. Trademarks and their rights are protected by the Trademark Act, 1999
In contrast to patents, a trademark doesn’t have a definite limitation period. Where a patent expires in 20 years a trademark registration expires after 10 years of its registration, but unlike patents, a trademark can be renewed again for an additional 10 years. This cycle can be uncertainly done, which means as long as you keep renewing the trademark it won’t lapse and will keep on being under the protection of the Act.
Who can Apply For a Trademark?
In the Trademark Registration form, the individual whose name is mentioned as the candidate will be pronounced as the proprietor of the trademark post the successful registration of the trademark. Any individual, an organization, and an LLP can be a candidate and may file the application for the registration of the particular trademark.
How to Register a Trademark?
Registration of a trademark is done by the registry of the trademarks. When you plan on registering a trademark there are a few steps involved.
Choosing a Trademark
Make sure to pick an extraordinary and particular mark. The other significant point is distinguishing which class you belong to. At present, there are 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods and classes 35-45 are for service.
Once you have chosen your mark it is prudent to lead a hunt to check whether your chosen mark is like an already registered mark. You can either do this without anyone else’s help by going to the online site of the controller general of patents, designs, and trademarks. On the site, you can discover an alternative to do a public search. By clicking on this option, you need to choose your class and search the online database.
The other option is to get legal services, despite the fact that you should pay for it is the more secure choice. Overall legal services will cost lesser on the off chance that your trademark is objected against. Not exclusively will they do the hunt they will likewise assist you with the entire cycle.
There are two options you can take while filing for a trademark.
File for a trademark under “one” class. This means the trademark will be registered distinctly for the particular class that you have picked. For this situation, you need to fill in form TM-1. The fee payable for the filing of form TM-1 is rupees 3,500.
The other alternative is to file for various classes or series trademark, or collective trademark. For this, you need to fill in form TM-A. This form permits you to register the trademark past one class. Filing of this form has two separate cost brackets:
- On the off chance that you are not a start-up, small enterprise, or an individual you will fall under this bracket. You need to pay rupees 9,000 for e-filing of the form or rupees 10,000 on the off chance that you file the form face to face.
- In the event that you are an individual, small enterprise, or a startup then you fall under this section. Rupees 4,500 is the charge for e-filing of the form or rupees 5,000 in the event that you fill the form physically.
While filling the form try not to commit any errors, this may prompt deferrals or even dismissal of the application. You need to fill in all the subtleties and furthermore add an image of the trademark with the dimensions of 9 by 5 cms. You might be asked to attach five copies of the equivalent. The full file should be then submitted with two copies when filing. You can file it online or by yourself or by an agent as per your convenience. Confirmation of filing will be done immediately if done online, if done physically it may take to 15-20 days.
How to Register a Trademark Online?
Surf Internet for a Unique Brand Name
Picking up a brand name that is wacky and quirky is unquestionably an astute move since a large portion of the generic names would effectively be in somebody’s hands. In addition, focusing on a specific name to ensure yourself that you are not picking a brand name that is as of now being used. The best part here is that you can concoct or coin a few words with a blend of nonexclusive words to make an interesting brand name for yourself.
Preparing a Trademark Application
Business Registration Proof: based on your registered business (for eg: sole ownership, etc), identity proof of the organization’s directors and address proof must be submitted. In the event of sole ownership business, id proof of the owner viz. PAN card, Aadhar card could be submitted. While, on account of organizations, the address proof of the organization should be submitted.
- Soft copy of the trademark.
- The proof of claim (which is applicable) of the proposed mark can be used in another country.
- Power of attorney to be signed by the applicant.
Filing the Application of Brand Name Registration
Manual Filing and e-filing are the two unique ways of filing the registration. If you pick ‘manual recording’ at that point you need to actually move and handover your application for the registration to the Registrar Office of Trade Marks situated in the major cities of India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. From that point onward, you need to wait for at least 15 – 20 days to get the receipt of the acknowledgment. But on account of an e-filing system, you will get your receipt of acknowledgment immediately from the government After receiving your acknowledgment, you are qualified to utilize your TradeMark (TM) image close to your brand name.
In addition, if there should be an occurrence of dismissal because of non-approval of the name, the candidate will get another opportunity of topping off a similar SPICe form with no further charges. It implies you get two chances of filing the same form with no additional charge of paying Rs. 1000/ – both the times. In case you fail to get the name approved in the second go, you can file the SPICe form again without any preparation. This will any day end up being less expensive than picking the primary choice. The entire cycle including name approval and incorporation takes around 2-3 days.
Examining the process of the brand name application
When the application is dispatched, the Registrar will look at whether you have followed certain terms that your brand name conforms to, the current law. Also, there ought not to be any conflict or dispute among any current or forthcoming brands for the registration.
Publication of Your Brand in the Indian Trade Mark Journals
After the process of examination, the registrar will publish your brand name in the Indian Trade Mark Journal. This is unquestionably the main piece of the trademark registration and there ought not to be any opposition within 3 months (for example 90 days) or 120 days, sometimes, from the date of publication. Then your brand name is proceeding towards acceptance.
The Trademark Registration Certificate Issuance
The Registrar will acknowledge your trademark application if there’s no resistance being raised within the specified time of 90 days. Also, this will be the most joyful second for you as the Registrar gives the Registration Certificate with the Trademark Registry seal.
Status of Application
Once you have received the confirmation of the application you will get an allotment number. You can check the progress of the application online with this allotment number. This will take some time, in the event that there is no issue with the filing, at that point, you will become acquainted with whether your application is affirmed or dismissed in 18-24 months. In the event that there is an issue, at that point, this may take longer.
Files are prioritized by the filing date, hence the more it takes the greater need your application gets. The other advantage about filing the application is that regardless of whether it hasn’t been endorsed you can utilize the TM symbol next to your mark, whenever you have received your allotment number.
When your trademark is approved the registry will give you a trademark registration certificate. This will authoritatively affirm that your trademark has been registered and is presently protected. The registration will be substantial for a long time from the date of the filing of the application. After this period you can renew the trademark once more. Renewal can be done indefinitely.
A trademark is only protected and valid in India and does not warrant any international status.
For more information, visit the website of All India ITR