Trademark Registration and how to file application

Trademark Registration and how to file application

To avoid a fear to copy the goodwill of your business, you must want to protect it. If you have this question in your mind here is the summary all you need to know about how to protect the goodwill of your business. A trademark is a visual symbol that can be used to distinguish a trade, services, or products from other similar goods or services with a word, name, number, label, colour combination, etc. that are created in different businesses. Trademarks in India are listed by the Director-General of Patents, Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for damages if the trademark is infringed. Registered trademarks are intellectual property for the business; they are used to protect the company's investment in a brand or symbol. Trademarks are important to get register if it is unique for the products and services you give. 

Documents required for the trademark application
•    PAN card of the applicant 
•    TM 48 Power of Attorney
•    Logo (jpg format)
•    List of  products  or services

Process of trademark

Search (optional):
 A trademark search for the same or similar mark can be determined online and on the official website of the trademark registry whether the mark is available or not to apply the application. 

If it is determined that no similar trademark has been identified, a trademark application is filed for the specification of the goods/services for which it is being used or proposed to be used.

Report of Examination: 
The trademark application is examined by the Trade Marks’s Office in approximately two to four (2-4) months’ time from the date of filing and objections (if any). These objections can be raised either on the following grounds:
Absolute ground (distinctiveness, devoid of distinctive character, not able of distinguishing goods or services etc.) and/or
Relative grounds (Equality with a trademark already on the trademark register).
If no objection is raised, the mark will be allowed to be advertised direct.

Answer to Examination Report:
 If an examination report is issued, which has to be filed within one month of receipt of the examination report? If the Trade Mark Authority agrees with the response filed, the application is advertised in the Trademark Journal. Alternatively, if the examiner has further objections, the applicant will be offered a show cause hearing.

After the examination, if the examiner is satisfied with the response filed for objection/reply, the trademark application is advertised in the Trademark Journal. The Journal of Trademark is hosted weekly on the official website.

Once the Trademark is advertised, this is open for opposition purposes for four months. If no object is received from any opposition within this time frame, the mark for registration goes ahead.

The application will proceed for registration if it is not opposed if the trademark application within four months from the date of advertisement in the Trade Mark  Journal. The Trade Mark Registry will then issue a soft copy of the Certificate of Registration. The mark is registered for 10 years from the date of filing of the application and it can be renewed from time to time on payment of renewal fee. Each renewal period is for 10 years.

For initiating the process of the Trademark Application click here: