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Trademark Registration in India – Procedure

What is a trademark? 

A trademark is a crucial aspect that is related to every business. It is a “distinctive sign” with the help of which you can identify a particular brand’s products and services developed or produced. 

It helps in distinguishing the products and services of a company from another. More about the essential points related to the same in the paragraphs below procedure for registration of a trademark

Trademark registration in India

A trademark, if it is registered once it becomes an IP or intellectual property for that business, helps the company in saving the investment of the company or ideogram. In India, the trademark registration process is done by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. 

The Trademark registration process in India is under Trademark Act, 2016, and offers authorization to the trademark owner if it is violated and there are contraventions of the registered trademark. 

How to register a trademark in India?

Below is a stepwise process that will show you how to register a trademark in India. 

Check out the same. 

Look for a trademark

Once you choose a trademark, it is important to carry out a thorough search on a public database to find if someone else is already using the same trademark. Looking up the Trade Marks Registry helps. 

File the trademark application

The application for trademark registration is Form TM-A. Trademark registration online is also possible when you must fill the form online. And you can fill it physically too by visiting the Trae Marks Office. It will depend on the jurisdiction of the trademark. 

There are documents and details of your business that you must furnish while the trademark registration process is underway. If you are an applicant and claiming prior use of trademark, you must use a user affidavit with documents suggesting usage. 

Examination of the application by a government agency

When you have filled the trademark application, there will be a mandatory examination report. The examiner will issue the report after many scrutinies and will see if your application is along with the guidelines of the Trade Marks Act, 2016. The report will be made available within 30 days from application. If required, you will have to reply within 30 days from the time of receiving the report if there are any objects and arguments in the report. 

Post-examination

After replying to the examination report, the Trademark Authority will appoint a hearing in case he is not satisfied by the reply you provide in the case or if any norms are not fulfilled. If satisfied, the application is forwarded for publication in the journal or rejected. 

Advertising the trademark

If the registered application is accepted, it is time for advertising the trademark and publish it in the Trade Marks Journal for four months. The main objective of publishing in the journal is to find whether any objection is being raised against the trademark symbol from the public for filing for any opposition. 

Public Opposition

Once the trademark has been published in the journal, and any person wants to oppose the trademark registration published, Form TM-O must be filled in within four months from the time the advertisement or the publication has been done. 

If there is opposition from the public, then the appropriate process of law will be followed, including counter filing, statement application, and hearing. 

Trademark registration in India

The final process is essentially registration after overcoming obstacles and hiccups. 

The benefits of the trademark registration process might be a little cumbersome but have many benefits. It gives credits to the goods and services source, offers a guarantee when it comes to the quality of goods, and lastly, a registered trademark helps promote your products and services through advertising.

Also Read: How to Register Startup in India – Stepwise Guide

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Daniyel Chatterjee
Daniyel Chatterjee is a Young Researcher in the field of Data Science & Analytics having research experience of more than 8 years. He has a Masters in Computer Engineering and currently serves as an Editorial Assistant in IGI Global, United States of America. Daniyel also holds honorary positions in the Associate Member of Institute of Research Engineers and Doctors, International Association of Computer Science and Information Technology, International Association of Engineers, Society of Digital Information and Wireless Communications.

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