Trademark is a mark, symbol, word, letter, label or numeral used by any business enterprise. The objective is to distinguish its goods or services or both from produced or rendered by any other business. These are generally logos or tradenames by which a particular enterprise is being recognised by its customers in the market. Due to this reason, every enterprise using a particular trademark wants to get it protected from unauthorized use. There is an online trademark registration process in India to facilitate this.
Accordingly, in order to protect the Trademark from unauthorised use, it can be registered under the provisions of the Trademark Act, 1999. For this, an application for Trademark registration maybe with the Office of Controller General of Patents Designs and Trademarks.
ONLINE TRADEMARK REGISTRATION PROCESS IN INDIA – ELIGIBILITY
Any person or business enterprise using a logo, image, or any symbol, etc. as its Trademark can make an application to register a Trademark in India. It shall be noted that there is no compulsion that the Trademark is being already in use i.e. a Trademark can also be registered as “Mark Proposed to be Used”.
Benefits of Trademark Registration
The ® mark can be used with the Trademark to put the public on notice that the Trademark is registered one. Following are the major benefits of Trademark Registration:
- It helps in the protection of unauthorised use of Trademark by others
- Registered Trademark helps in creating a brand name in the market for the business enterprise.
- If there is a Trademark registered in one class, then the same mark could not be registered in the same class in the name of another person.
- Legal action may also be taken in case of infringement of Trademark.
Fundamentals of Trademark Registration:
First, we should understand some basic fundamentals for online trademark registration process in India :
Class of Trademark: The World Intellectual Property Offices (WIPO) has categorised all goods and services in 45 different classes based on different business activities. Therefore, before applying for registration we should check under which class the mark to be registered falls and it may be possible that a mark falls under more than one class.
For example, if a firm is engaged in the business of online education services and selling of study material online then it’s Trademark will fall in two classes i.e. in Class 41 for an educational institution and Class 42 for online business or e-commerce. The benefit of this is that if one Trademark is registered in one class then the same mark could not be registered in the same class again. However, it shall be noted that the same Mark could be registered in another class in the name of another person.
Jurisdiction of Protection: It shall be noted that if we opt for online trademark registration process in India and get it registered, it will be protected in India only. If the registered user wants to get it protected in other countries as well, then he has to make an application for Registration of the same in the respective countries as well under their Intellectual Property laws.
Documents Required for Trademark Registration:
Following are the documents required for registering the Trademark:
i. Copy of Logo (Optional)
ii. Word to be Registered;
iii. Signed Form-48, authorising the Trademark Attorney to file Trademark Application;
iv. Identity Proof of applicant; and
v. Address proof of applicant.
Procedure for online trademark registration process in India:
Following steps may be followed for registering a Trademark in India:
Step – 1:
The first step towards Trademark registration is “Trademark Search”. This search shall be conducted before filing an application for registration to ascertain whether the proposed mark is available for registration or not as if the same Mark is already registered in a similar class or classes then it would not be available for registration.
Step – 2:
After ascertaining the availability of Mark, an application may be filed with respect to registration of the Trademark along with documents so described in the above paragraph.
Step – 3:
On filing an application for registration, a Trademark Application Allotment Number will be provided within one or two working days of filing the application. This number can be used to track the application status online through the Online Trademark Search facility.
Step – 4:
Now, the Trademark Registrar will go for the Vienna Classification of the applied Trademark based on the figurative elements of Marks. During this process, the application Status shows “Sent for Vienna Codification”.
Step – 5:
Thereafter, the application will be forwarded to one of the Trademark Officer for examination regarding correctness and completeness of records. If the application found correct and complete in all terms the Officer will forward it for publishing in the Trademark Journal.
However, if any discrepancy will be found in the application to the Trademark Officer then he may raise and objection to the same. This is an important step in online trademark registration process in India as it decides the future course of action. If there is an objection, the applicant needs to submit his justification on the same. If the applicant’s justification will not be found satisfactory to the Officer, he may reject the application. In this case, the applicant has the right to appeal before the Intellectual Property Appellate Board.
Step – 6:
If the Officer founds the application satisfactory then he will publish the same in the Trademark Journal. Now, the public has the opportunity to raise objections to the application within 90 days of publishing the same in the Trademark Journal.
Step – 7:
If no objection will be received from the Public within 90 days then the Trademark will be Registered.
However, if any objection is received from anyone then the hearing will be called by the Trademark Hearing Officer. Then after the presentment of evidence and hearing the pleas of both the applicant as well as opponent, the hearing officer will decide whether to accept or reject the application. In case the application is rejected, then the applicant has the right to appeal before the Intellectual Property Appellate Board.
Once the trademark is registered, the applicant can start using the ® symbol.
Government fee for online trademark registration process in India
The Government fee for online trademark registration in India is Rs. 4,500 per application and in case of a company if you do not have MSME Registration then its Rs. 9,000. If you file trademark and logo together, then fee remains the same, otherwise, it is Rs. 4,500 for trademark and Rs. 4,500 for the logo.
FAQ
1. What is a trademark?
A trademark is your brand name or logo which is a unique identifier for your service or product. It can be a word, letter, number, phrase, symbol, shape or combination thereof
2. Which trademark is not possible to have?
Simply, any trademark which is similar to an existing one in the same class is not allowed. Also, it should not relate to any particular community or sect.
3. Is it possible to opt for online trademark registration process in India before starting a business?
Yes, you can register a trademark before starting a business
4. Is it possible to get a global trademark?
No. Trademark is specific to a country wherein you apply.
5. What is the tenure for which Trademark registration is valid?
It is valid for 10 years.
6. When can we start using TM ™ or R® ?
Once the application is filed you can start using TM and ‘R” can be used only when the trademark has been registered.
7. What is the Govt fee for trademark registration?
The Government fee for online trademark registration in India is Rs. 4,500 per application and in case of a company if you do not have MSME Registration then its Rs. 9,000. If you file trademark and logo together, then fee remains the same, otherwise, it is Rs. 4,500 for trademark and Rs. 4,500 for the logo.
8. Can I file trademark application myself?
No, you need to have agent code for filing a trademark application
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