Procedure to Get a Trademark in India
When you have a brand it is very important that you create a proper identity for yourself. This is after all something that would help you separate yourself from others of your ilk and be a unique one in the truest sense of the word.
It is this unique identity that will help you to create a need for your offerings among your intended audience and clients. This is what would make you successful in the end. An important part of your brand identity would be your trademark. It is basically your trademark that would help you to be identified from your competitors.
To acquire a trademark for your unique brand name and logo, you need to prepare an application, file it to the concerned Trade Marks Department with the original supportive documents through the legal Attorney and he/she will take care of your brand name registration.
If it is your own originality in brand and uniqueness from others trade name, you can get the registration certificate within a short time.
What is trademark registration?
The process of trademark registration can be defined as one whereby you can legally make sure that the following items – any or all – that you use for your business cannot be used by others:
As the owner of the trademark only you have the legal right to use any of the above-mentioned items for the purpose of promotion of your business.
What are the benefits of trademark registration?
When you get your trademark registered you are basically protecting your brand. You are making sure that its reputation stays safe. This way, you protect your ideas as well.
There is nothing to deny in the ultra-competitive world of business today you need to make sure that all these aspects of your business, for which you have invested so much in terms of blood, sweat, and tears, stays yours only and cannot be appropriated by anyone else.
Having a trademark also makes sure that you stay protected legally because the trademark registration process in India is such that you cannot take anyone else’s trademark and no one else can take yours. The process may be a time consuming one but let that not bother you.
If anyone is making piracy to your brand, you can take action on them through legal process.
The process of registering your trademark
In this day and age if you are running a business in Bangalore or any other part of India; it is very important that you know how to apply for trademark registration for Bangalore.
- The first step of this process requires you to look up a brand name that is as unique as possible.
- After that you need to get application ready.
- After this you need to fill in application to register your brand name.
- Once this is done the authorities will go through your application. If your application is accepted the brand name would be published in the Trademark Journal.
- In case any third party opposed this, you have to respond that with proper evidence.
- If this part is successfully completed as well you would be issued the trademark registration certificate for your brand.
How to apply for the trademark registration?
There are major two parts to this process –
- Preparing the application and
- Then filing the same with the appropriate authorities;
During the preparation of trademark application, you’ve to provide applicant’s details, products or services or name and logo details according to that the Class will be selected, organizations details and preparation of certain forms.
While filing the application, in this step of the way you would need to submit certain documents such as your business registration proof, a soft copy of your trademark, proof of your claim that the trademark can be used in another country as well, and a power of attorney signed by yourself – the applicant.
There are two ways in which you can file for the registration. You can go for e-filing or manual filing.
In case you decide to do it manually you would need to physically visit the office of the Trademark Registrar. After that you would need to wait for a minimum of 15 to 20 days in order to receive the acknowledgement receipt.
However, if you decide to e-file you would get the acknowledgement receipt almost immediately. Then you would also have the right to use the TM (trademark) symbol beside your selected trademark. In these cases, you need to fill up the SPICe Form to get the approval of name and pay a charge of INR 1000 for that.
After the application of trademark registration, the below cases may or may not be arise during the process. If it is raised, you have to provide the supportive documents with proven evidences that you are using that brand; it is unique and created by you only.
So these 5 things could possibly occur at the time of trademark registration:
- Examination to trademark application
- Show cause hearing
- Advertise for Journal publication
- A wait for opposition
- Receiving registration certificate
What is trademark objection or examination?
There are two occasions on which your trademark could be objected to. The first is when the Trademark Registrar is reviewing your application. If the registrar objects to your trademark at the application review stage you have to right to appear before him and deal with the issues with your trademark.
In case the officer happens to be satisfied with your explanations and justifications he would allow it to be published in the Trademark Journal.
This is the second stage where there can be an objection to your trademark. However, this objection has to be made within 90 days of the publication after which the trademark would be deemed passed.
What is trademark hearing?
This process happens when the trademark is objected to by a third party in the 90-day period of its publication in the journal. This hearing is conducted by the Trademark Hearing Officer. Both you – the defendant – and the accuser have the right to be present at this hearing. Over here both of you would provide your sides of the story after which the trademark application would either be accepted or rejected.
When is the trademark published in the journal?
As has been said already, the trademark is reviewed by the trademark registrar after which it is published in the trademarks journal. This happens to be a weekly publication and it contains all the accepted trademarks. The main aim of this publication is to inform the public regarding all the trademarks so that if they feel that any trademark registration will cause loss or damage to them they are able to launch their oppositions regarding the same. If there is no opposition within a 90-day period it would be registered within the span of 12 weeks.
How trademark registration certificate is provided to owner?
If there is no further objection or opposition of any sort to a trademark the authorities will prepare the trademark registration certificate and trademark manuscript. They will be then sent to the authorities in question for the trademark to be registered.
After the certificate has been issued, the trademark in question would be registered in your name and you would have the sole right to use the same. You would also be able to use the registered symbol – R in a circle – right next to your trademark or logo.
These days there are plenty of service providers that can help you to get done your trademark registration in Bangalore. So, you need not have to any worries in regard to this matter. If you need our help, please feel free to contact us on this regard. We are here for assisting to complete the application and handover to you.
How much time will it take to register a trademark in India?
As you know trademark is a part of Central Government’s authority of Intellectual Property; so it is a lengthy process and takes time to get registered your brand and logo in trademark department, India.
Usually, a TAN (Trademark Application Number) will be issued to you immediately and it will send to you within 2 to 3 days of filing an application for trademark registration through your Agent or Attorney. And if everything is ok from your side, means no objection, hearing and opposition then you will be getting the registration certificate around 7 months of application.
Because we have that much of experience and also applied for many of our clients and got it; so we are sharing this.
If any objection and next opposition is raised, it is difficult to say at what time you could receive your certificate.
How to check a trademark status?
To check the status of a trademark application and its update information, one should have to visit the IPINDIA website and follow the steps to track the process:
- Go to this page http://ipindiaonline.gov.in/eregister/eregister.aspx and click on Trade Mark Application/ Registered Mark from left panel and then select National/IRDI Number radio button.
- Enter Application Number, verify captcha and click on View After that you will get a list of link having application number, brand name and status.
- Click on application no. link, it will display you the position of your trade name.