Trademarks are used to indicate a source of origin and help in building brand names to which consumers associate. A Trademark can be graphically represented using words, shapes, symbols, numbers and more. Many rights exist with Trademarks; in India, the rights exist as per the Trademarks Act, 1999 and the Trademarks Rules, 2002.
Registration of Trademarks is compulsory in India and only registered Trademarks can enforce their rights under the Act. In India, the Trademark has to be registered with the Registrar of Trademarks where the office is situated.
The different types of Trademarks that can be registered in India are words and service marks, logos and symbols, shape marks, collective marks, series marks and certification marks. Trademarks are territorial and to use them in other countries you will have to file separately for each country.
Process for registering a Trademark
The first step is deciding your Trademark and next, you will have to do a name or market search. This is required to find out if any identical Trademarks exist as the proposed Trademark.
To register your Trademark you have to apply and fill in the Form TM-1 as per the Act. You will need three copies of the form along with the fees. You will have to give the following information:
- The Trademark
- The name of the proprietor or the company using the Trademark.
- Address of the proprietor or the company.
- The class of goods and services prescribed by the Act where the proposed Trademark will be used.
- The description of goods and services for which the Trademark is to be used.
- The date from which the Trademark will be used.
You can seek preliminary advice from the Registrar of Trademarks for the distinctiveness of the Trademark. For this, you will have to fill out Form TM-55 along with the fees.
You can fill out Form TM-54 with the Registrar of Trademarks to know if any identical or similar Trademark is pending registration.
The Registrar of Trademarks will give an application number. If your application is accepted then it will become your future Trademark registration number.
The Registrar will check the application and do data entry. The Registrar will check if all the requirements are met and if a similar mark exists. Whether any restrictions or limitations have to be applied is also checked.
If the application is accepted without any objections then it will be published in the Trademark journal.
If the application is accepted but subject to restrictions then you have to respond to the said objection. You can either respond to the objection or remove the said objection. You can choose to abandon the application or withdraw the application. The Registrar will then decide where the application will be refused or accepted with restrictions and limitations.
If the application is accepted and entered in the Trade journal then the Trademark can be opposed by a third party within three months from the publication date. If the Trademark is unopposed within the stipulated time then it will be registered as a Trademark and the application number will become the Trademark registration number.
If the third party files an opposition then the Trademark is not registered until the opposition proceedings are completed. If the third party files a notice of opposition then you will have to respond within the stipulated time. Under the opposition proceeding the evidence between the third party and the applicant will have to be done and the matter is put for hearing.
In case the opposition is allowed then the application is rejected. If the application is accepted then you can proceed with the registration process.
The Trademark protection has to be renewed every 10 years and the application for the renewal can be filled out within six months before the expiry of the Trademark.
You can get your Trademark registered online within 1 hour by approaching the companies that offer such services. You only have to fill out an online form for Trademark registration. The experts from the company will get in touch with you to prepare the documents. All the application work will be done by the company to get your Trademark registered. As the services are available online you can access them from anywhere and anytime.