Discover the steps to independently register a trademark in India. Our blog talks about the process, making it accessible for solo entrepreneurs and businesses seeking brand protection
How to Register a Trademark in India on Your Own: A DIY Guide
Navigating the legal avenues for trademark registration can seem daunting, especially without professional assistance. But if you’re determined and willing to put in the time, registering a trademark in India on your own is entirely feasible. Here’s a comprehensive step-by-step guide to register a trademark in india
1. Conduct a Thorough Search:
Before applying, ensure that your trademark is unique. You can use the Public Search facility on the official website of the Controller General of Patents Designs and Trademarks to check if your desired trademark is already registered or has a similar match.
2. Decide on the Appropriate Class:
Trademarks are categorised into 45 classes in India, based on the type of product or service they represent. Decide which class your product or service falls under. The ‘Trademark Rules, 2002’ provides a list of all classes.
3. Application Preparation:
Prepare your application using the ‘TM-A’ form. While filling out the form, provide:
- Your name and address
- The trademark you wish to register
- A description of the goods/services
- The class under which registration is sought
4. Online Application:
Submit your application online through the official IP India website. Create an account, log in, and follow the prompts to fill out and submit the TM-A form. Note that applying online is generally faster and offers a 10% fee concession compared to physical applications.
5. Pay the Fee:
After submitting the form, you’ll be directed to the payment gateway. The fees vary depending on whether you’re an individual, startup, small enterprise, or other entity.
6. Track the Application Status:
Once the application is submitted, you can monitor its status using your application number on the IP India website.
7. Examination of the Application:
The Trademark Office will first check your application for any discrepancies and then publish it in the Indian Trade Marks Journal. This publication ensures others have a chance to oppose the trademark if they believe it infringes on their rights.
8. Addressing Objections or Oppositions:
If the Trademark Office or a third party raises any objections or oppositions, you’ll need to address them within the stipulated time, usually two months. If no objections arise or once they’re satisfactorily addressed, the trademark is approved.
9. Registration Certificate:
Once approved, you will receive the Registration Certificate, signifying the successful registration of your trademark.
10. Regularly Renew:
Remember that a trademark registration in India is valid for 10 years. After that, it needs to be renewed every 10 years. Ensure timely renewals to maintain your trademark rights.
Tips for a Successful DIY Registration:
Be Precise: When describing your goods or services, be as specific as possible to avoid broad categorisations which can lead to rejections.
Stay Proactive: Regularly check the status of your application and address any objections promptly.
Keep Documentation Handy: Always have proofs like sales receipts, advertisement copies, etc., to prove the use of your trademark, in case of any objections or disputes.
FAQs on Register a Trademark in India Without an Agent
How can I check the uniqueness of my trademark in India?
To ensure the uniqueness of your trademark in India, you should conduct a thorough search using the Public Search facility available on the official website of the Controller General of Patents Designs and Trademarks. This search will reveal any existing trademarks that are identical or similar to yours. Make sure to check across relevant classes to ensure comprehensive coverage.
How often do I need to renew my trademark in India?
A trademark in India is valid for a period of 10 years from the date of registration. To retain the rights and privileges of the trademark, you must renew it every 10 years thereafter. If you don't renew it within the stipulated time, the trademark may be at risk of cancellation.
What is the fee structure for trademark registration in India for startups?
The official price for trademark registration in India is outlined thus: For a start-up, MSME, or individual registering one trademark in a single class, the cost stands at ₹ 4500. Conversely, companies are charged ₹ 9000/- for a similar registration in one class.
How do I address objections or oppositions to my trademark application in India?
If the Trademark Office or a third party raises objections or oppositions against your trademark application, you must respond promptly. Here's a general approach: For Official Objections: The Trademark Office will issue an examination report detailing the objections. You'll need to file a response, typically within a month or two, addressing the objections raised. This might involve clarifying any misunderstandings, providing additional evidence, or making amendments to your application. For Third-party Oppositions: After your trademark is published in the Indian Trade Marks Journal, there's a period during which third parties can oppose your application. If someone files an opposition, you'll receive a notice. You then have to file a counter-statement within two months, addressing the grounds of opposition. This might be followed by evidence stages and, potentially, a hearing.
What is the difference between the ™ and ® symbols in India?
The ™ symbol signifies that the trademark is being used as a trade mark by the company and has been applied for registration. It implies that the trademark is not yet registered, but serves as a claim of rights to that particular mark. The ® symbol is used once the trademark has been officially registered with the Indian Trademarks Registry. This symbol confirms the full trademark protection and unauthorised use of the registered mark can lead to legal actions.
