A unique business identity is of utmost importance to business owners today. The most effective way of safeguarding the distinctive brand identity is to get a trademark registration. Company trademark registration in India is one of the most important registrations that a business or startup can obtain these days. This process helps in preventing others from using your brand name and unique brand identity.
The process of registering a trademark in India is quite complex. However, with adequate knowledge and information on the same, the process of obtaining trademark protection becomes very easy. In this blog, we provide a step-by-step guide to help you walk through the trademark registration process in India.
Step 1: Pre-Requisites of Trademark Registration
The preliminary pre-requisite of going ahead with the trademark registration process is Research. Before you choose a name and brand identity, you need to do some preliminary research to understand the market needs. This also helps you in selecting a name that is unique, saving you from wasting a lot of resources. Here are the areas you should cover in your research:
Trademark Search
The most basic and yet important search that you need to do is the trademark availability search. Here, you need to visit the IP India portal and use the trademark search tool to check whether your trademark is already registered or not.
Market Research
Some additional market research is always helpful. If you find any names sort of similar to your brand name, you should look up their analysis and see whether it will create competition or any issues in the future.
Legal Consultation
You can apply for a company trademark registration in India on your own. However, it is always advisable to get an expert opinion. Hence, it is important to consult a professional trademark attorney to get clarity on the legal viability of your proposed trademark.
Step 2: Decide on the Appropriate Trademark Class
Most jurisdictions across the globe follow the Nice classification system for trademarks. This includes India. The Nice Classification system categorizes goods and classes into 45 different classes. To register your trademark, you need to identify the classes applicable to your products and services. This will help in protecting your brand with respect to your direct competition. You can decide the appropriate trademark class or classes by:
Identifying Your Products/Services
Even in the class applicable to you, it is important to correctly identify the exact specific goods and services that you proceed with. Hence, you need to clearly define the goods and services that are associated with your trademark.
Select the Relevant Class
To select the relevant trademark class, you need to use the Nice Classification. This will help you identify the class or classes applicable to your products and services. It is common that based on your products, you might need a trademark registration in more than one class.
Step 3: Create Your Trademark
The most important step in registering a trademark is to create your final trademark with utmost care and caution. This is essential because the trademark is a unique identifier of your brand. The trademark can be in many forms, including, a name, a word, a logo, a design, a slogan, a sound or even a smell in certain cases.
Design Your Logo
If your trademark is in the form of a logo, it is vital that you design it carefully. Hence, keep in mind that it should be visually appealing and also easy to recognise for the various stakeholders.
Craft Your Brand Name
In case your trademark is a word or a phrase, you need to make sure that the brand name is catchy and distinct. If you fail to provide a catchy brand name, you might face difficulties in obtaining the registration certificate.
Step 4: Trademark Application
Once you choose the class, and have the final trademark ready, you can proceed with filing the trademark application. To file a trademark application, here is what you need to do:
Complete the TM-A Form
The form for filing a trademark application is known as the form TM – A. Moreover, this form is available on the official website of Intellectual Property India. Here, you need to fill out all the necessary information, such as:
- Name and contact information of the applicant;
- Class and goods description of the trademark;
- Trademark details; and
- Jurisdiction details.
Pay the Application Fee
Once you submit the relevant details and attach the required documents to the application, you can pay the application fee. The payment of fees will lead to the generation of an application number. This application number is vital to keep track of the status of your trademark application.
Step 5: Examination and Publication
After you submit the application, a trademark officer inspects it. Here, the application undergoes a thorough examination of the registry. They will check the Journal of Trademarks for similar marks and potential conflicts. If satisfied, they will issue the examination report and accept the mark. If not, they may raise an objection to the registration of the mark.
The following can be its outcomes:
Examination
The Registry will review your application for compliance with the law and may raise objections if necessary.
Publication
If your application passes the examination, it will be published in the Trademarks Journal. This opens a 4-month window for any third party to oppose your trademark registration.
Step 6: Opposition and Registration
During the publication period, a trademark application is open for third-party opposition. If there are no objections or oppositions to the registration of your mark, during this period, you receive the certificate. However, there are two outcomes to publication in the trademark journal:
If Opposition Occurs
In case someone opposes your mark, you will need to resolve it through legal procedures. If you win the opposition proceedings, only then you get registration of your mark.
Registration
After the mark is accepted and advertised for four months without any objections, you will receive a trademark registration certificate.
Conclusion
Trademark is a very important aspect of brand protection. Hence it is important for business owners to understand how to register trademark in India. By following this step-by-step guide, you can navigate the process successfully.
