Trademark Registration

Trademark Registration In India
(Price Start at $ 24 /-)

Registration of a trademark is a fundamental key for any business to protect its intellectual property. Trademark registration gives the owner an exclusive right to use the mark in connection with its business and the goods/services provided thereunder. Further, the trademark registration and the associated rights are protected by the Trademark Act, 1999.

In India, you can obtain trademark registration on wordmark, symbol, logo, name, numbers, signatures, slogans, taglines, sounds, smell, colours etc. However, it is to be kept in mind that the trademark should be capable of distinguishing the goods and services of one person from those of others.

Benefits of Registering a trademark

Trademark registration in India offers numerous benefits which are outlined below:

  • Exclusive Rights: Registration of a mark grants exclusive ownership of the proprietor within the Trademarks Register and exclusive rights to use the mark in India

  • Legal validity: In legal proceedings, the registered trademark serves as primary evidence of its validity.

  • Combatting Infringement: The proprietor or registered user can initiate legal action (such as opposition proceedings or cancellation action) against any conflicting marks in India. Moreover, in infringement cases, the burden of proving consumer confusion is shifted away from the registered proprietor.

  • International Recognition: As India is a signatory to the Paris Convention for Protection of Industrial Property, it allows Indian trademark applicants to claim priority in registering and safeguarding their trademarks in other member countries (if the same are being filed within a period of 6 months from the date of filing the national application).

  • Customer Attraction: Trademarks aid in business expansion by attracting new consumers who associate value with the company's brand. The positive perception associated with a trademark helps in building trust and drawing the attention of a broader consumer base.

Eligibility Criteria for Trademark Registration In India

While the Trademark Registry for registering a trademark in India does not outline specific eligibility criteria, it primarily protects distinctive trademarks, phrases, taglines, etc. Please note that individuals, joint owners, partnership firms, companies (such as Public Limited, Private Limited, Limited Liability Partnerships), and charitable organizations (such as societies or trusts), are eligible to register trademarks in India.

However, it's crucial to recognize that the Trademarks Registry imposes distinct criteria for each applicant type or business entity during the trademark application process. These requirements might vary based on factors such as the nature of the entity, the type of trademark being registered, and the specific guidelines set forth by the Trademarks Registry

Details and Documents required for Trademark Registration in India

The following details and documents are required for trademark registration in India:

  • Name, address, and legal status of the Applicant;
  • a clear representation of the trademark in soft copy (in case of a logo mark);
  • power of attorney in favour of the Attorney/Agent;
  • a certified copy of the priority application, if priority is claimed; and
  • an affidavit of use along with supporting documents, if the Applicant intends to claim the prior use of the mark in India.

Procedure to Register Trademark in India

An Indian trademark application progresses through several stages before registration, details of each such stages are mentioned hereinbelow

  • Trademark Public Search (optional):Prior to filing an application, a trademark search can be conducted online through the official Trademarks Registry website to ascertain if any identical or similar marks exist in the register which may pose a conflict.

  • Filing of an application: Upon confirming the absence of similar/identical trademarks, an application is filed for the specific class of goods or services associated with the mark. The application will be filed on a proposed to be used basis or with a proper user claim. The name and address of the Applicant is also required to be mentioned at this stage.

  • Examination Report: Once the application is filed, the Trademarks Office examines the application within approximately three to six months from the filing date. Any objections raised typically relate to either Absolute Grounds (such as lack of distinctiveness or inability to distinguish goods/services) or Relative Grounds (similarities with existing trademarks). There have been certain instances when the Registry has also raised objections on technical grounds. If no objections are raised, the mark will be accepted to be advertised in the Trademarks Journal.

  • Response to Examination Report: Upon receiving the examination report, the applicant has one month to respond; failure to do so leads to the application being considered abandoned. If the response satisfies the Trade Marks Office, the application moves toward advertisement. Alternatively, if further objections persist, the Trademarks Registry may list a show cause hearing in the matter.

  • Advertisement: If the Examiner approves the response to objections, the trademark application will be published in the Trademarks Journal. This journal is weekly published on the official website of the Registry and features the advertised trademarks.

  • Opposition Period: Once the mark is published in the Journal, the trademark remains open for third-party oppositions for four months. If no opposition is filed within this timeframe, the application proceeds toward registration.

  • Registration & Renewal If no opposition is filed within four months from the date of advertisement in the Trade Marks Journal, the application will proceed towards registration. Accordingly, a Registration certificate will be issued in the name of the Applicant and the mark will be valid for the period of 10 years from the date of filing of the application. Such registration can be further renewed for another 10 years by filing a request and paying a requisite fee.

Time required to register a trademark in India:

The typical timeline for a direct trademark registration in India spans from 8 to 10 months starting from the application filing date. However, certain factors can extend both the duration and expenses involved in the registration process, such as:

  • nature of objections raised by the Registry
  • any hearings scheduled by the Registry and any subsequently filed written submissions;
  • oppositions filed against the trademark by any third-party; or
  • amendment applications filed by the applicant.

Most common question about our services

Can foreign applicants also apply for TM registration in India?

Yes, foreign applicants can certainly file applications for Trademark registration in India. Since India is a signatory to the Madrid Protocol, the international trademark application may be filed through the Trademark Office. However, a standard national phase application can also be filed in the name of foreign applicants/entities.

What is the term of registration of a Trademark in India?

Once the mark is registered, it will be valid for a period of 10 years and can be renewed further for another 10 years

Can a trademark be transferred to any other person?

Yes, a trademark can be assigned from one person to another. For recordal of the name of the Assignee, an official assignment request has also to be filed before the Registry.

Are Indian Trademarks valid in Foreign Countries?

Trademark law is territorial in nature and hence, the parties cannot claim statutory rights over the mark in foreign countries basis the registration in India. Accordingly, the parties will have to obtain trademark registration in all such jurisdictions where the business is being carried out. However, these Indian registrations may be considered as the basis of the filing of the trademark in the chosen countries and will also be helpful in showing transborder reputation.

Who approves trademarks in India?

The trademarks in India are registered by the Controller General of Patents, Designs and Trademarks, (Office of the Registrar of Trademarks), Ministry of Industry and Commerce, Government of India.

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