The Indian Trade Marks Registry was established in 1940. It administers the Trade Marks Act, 1999 and any rules under it. The Act registers all trademarks in India to protect companies against cases of fraud.
The registry includes all trademarks in India which qualify for registration as per the Act and regulations. If you want to register your Trademark, here’s what you need to know about trademark registration in India and why you should consider it.
What is a Trademark?
Trademarks play a vital role in the success of any business. A company uses a trademark to identify itself and also distinguish itself from its competitors. The Trademark is mainly the sign that a business can use to identify.
To prevent fraud cases such as duplication, infringement, or identity theft, it is vital that a business registers its Trademark. This can be the company’s logo, mark, or graphical image. Trademarks and trademark registration in India can also include:
- Three-dimensional features like packaging and product type
- Non-visible like color hues, scents, and tones
Indian and international trademark registration permits a company to exclusively use their Trademark and assign or distribute it both locally and internationally. However, to have all these rights and protect your business, you need to first register your Trademark as per the Act.
The Trademark Registration Process in India
The trademark Act 1990 has a long list of requirements that a business must meet before being fully registered. Before beginning the trademark registration process in India, you need to have several documents and information. This includes:
- Trade Mark Entity
- The name, nationality, and address of individual applicants
- A company’s address and its country or state of incorporation
- Names of partners, if the company is a partnership
- Soft copy of the Trademark to be registered
- A list of goods or services that requires registration
- Aadhar Card, passport, and proof of identification
- Certificate of Incorporation (COI) for companies registered under the Company Act, 2013
The documents required will depend on the type of company or business. Learn all the trademark registration requirements for the Trade Marks Office in India. The office may require you to have a certified/notarized English translation of any certificate that is not in English. Here’s the detailed registration process.
1. Trademark Search
The first step in the registration process is conducting a brand name or trademark search. Having your brand logo or name in mind is not enough. To ensure originality, it is crucial to know if any other company or brand has a similar or almost similar color, patterns, hues, and more.
A trademark search will help you know if the Trademark you want to register is available. This will also prevent you from wasting time and money. Different websites allow individuals or companies to search for trademarks using their brand or business name.
2. Filing Application
Once you determine that the Trademark is available, the next step is to apply for it. To do this, you need to file the application at the Trademark Registry India. The Indian government has made this process simple, and one can quickly file their application online.
You can make the application as a sound mark, color, mark or logo, name of the brand, and more. You will be required to pay the government application fees. This will depend on the company or business.
Suppose you are a startup. In that case, you can get a 50% subsidy. Provide the necessary documents and save some money as you register your Trademark. As you apply, you will also need to provide relevant documents.
The documents you should provide depend on the nature of the business or company.
3. Application and Documents Verification
After filling out the application, an examiner will take the time to verify your documents and application. This can take around 12 to 18 months. If the examiner accepts the Trademark, it will be registered in the trademark journal.
However, if it’s not accepted, the examiner will give reasons as to why it objected. In case of an objection, you must meet all the conditions included in the report before resubmitting your application.
If your response is satisfactory, the Trademark will be published in the Indian trademark journal. The examiner issues an objection report within 60 days from the date of application. You will have to respond to the objection within 30days from the date of the issuance.
Suppose you fail to respond to the objection within the given time. The registrar can abandon your application. This means starting the registration process from the first step, including paying more application fees.
4. Trademark Publication
The examiner publishes all accepted trademarks on the trademark journal every 14th day. Publishing the Trademark gives other companies, or individuals object to a trademark. Any person who has an objection concerning the brand name, colors, or graphics must raise their objection within four months from the publication date.
If there are no objections, the authority will approve the Trademark for registration. However, in case of an objection, the authority will meet will all the relevant parties and conduct a fair hearing.
If the registrar approves the Trademark, they will grant the applicant a registration certificate. This certificate is valid for ten years. The certificate will have an official seal for originality. Note that, to protect your brand identity, you have to renew your Trademark after ten years.
Trademark Registration Cost in India
Trademark registration cost in India is classified into two parts; professional fees and government fees. While government fees remain the same regardless of your location, professional fees depend on individuals.
You will incur different fees for the marks on your Trademark or series of marks and the class. To file or register a single mark in a single class, you will pay Rs.2500. For each additional class, you will also pay Rs.2500 and a total of Rs.10000 for registering a collective mark.
If you are applying for the Trademark in a convention country, expect to pay Rs.10000/-. You will also pay more costs for registration in each class. Additionally, if you need an international registration under the Madrid Protocol, you will pay separate fees.
The international registration fees are charged by the World Intellectual Property Rights Organization for registration in the country that you want to register.
Note that the government trademark registration in India costs Rs. 9000 per application per class for the company. Individual registration costs Rs. 4500 per application per class.
Trademark applications get objections. To avoid this, it may be best to hire a professional. An expert attorney can help you ensure you get the process right and meet all the deadlines. The cost of hiring professional help will depend on their legal fees or your contract.
Since you need to renew your Trademark after ten years, you should budget for the cost. Depending on the class, expect to pay at least Rs.5000 or Rs.10000. To remove or rectify your Trademark, you will pay at least Rs.3000.
Benefits of Trademark Registration in India
The right Trademark should be easy unique, and easy to remember. Since you have taken your time to find the best Trademark for your business, it may be best to ensure that it remains exclusively yours.
Trademark registration has several benefits, including:
Exclusive Rights and Legal Protection
Registering your Trademark gives you an advantage or upper hand if someone tries to copy it. Once you register your Trademark, you claim full ownership of it for ten years. This means you can sue anyone who tries to copy or use it without your authorization.
Brand Credibility and Trust
A valid trademark can help you maintain your brand identity and increase the value of your brand in the market. Since your Trademark is also the case of your brand, it will help you gain trust with your customers and target audience.
The Trademark will add to your brand identity and help you have loyal and lasting clients.
Trademark Registration is Cost-Effective
Though you have to pay registration and renewal fees, the money you pay cannot compare to the business you might lose if your target cannot identify or rust you. The Trademark will also reduce your marketing costs.
Also, since you only need to renew the Trademark after ten years, you can have a definite budget for it.
Unique Brand Identity
Having a unique identity is very crucial. It makes it easy for your clients and target to identify you and help you stand out among your competition. Your logo, brand colors, or graphics will convey your identity and voice and help you connect with your target.
It will also help identify your brand’s quality.
Trademark registration is also a valuable asset. Since a registered TM is exclusively owned by the company or an individual, they can choose to assign, sell, franchise, or commercially contract it for financial gain.
Use This Guide to Register Your Trademark in India
Trademark registration in India is the best way to protect and completely own your Trademark. Do not ignore this process. Though you may have to spend some money, the benefits of registering your Trademark outweigh the costs.
If you are wondering whether or not to register your Trademark, Contact DailyHawker and learn more about trademark registration and why you should consider it.