Registering a trademark in India typically takes around 15-18 months to a mere 6-8 months. This duration encompasses the entire process, from application submission to final registration approval, making it crucial for businesses to plan ahead when protecting their brand identity.
Introduction
A trademark helps consumers identify the authenticity of a product and its legitimate seller. While many have been deterred by the lengthy trademark registration process in the past, the Trademark Ministry has streamlined procedures, slashing registration time from 15-18 months to a mere 6-8 months, provided no objections arise post-application and advertisement. A trademark, in essence, is the legal embodiment of Intellectual Property. It can be a name, word, phrase, logo, symbol, design, image, or a mix of these that signifies the brand owner of a specific product or service. Here you can learn about the process of register a trademark in India.
Journey of Register a Trademark in India
1. Conducting a Trademark Exploration:
A thorough investigation into trademark logos and brand names ensures no existing registration overlaps with your desired mark. If your desired logo or name is already taken, consider alterations to achieve uniqueness and prevent potential registration cancellation.
2. Initiating the Trademark Application:
After a successful search, you’re set to draft and submit your trademark registration application to the Trademark Registrar. This application, replete with the necessary fees, can either be handed in physically or uploaded online at one of the official Trademark Registrar Offices.
3. Receiving Application Allotment Number:
Post submission, within a brief span of 2-3 days, you’ll be granted a trademark application allotment number by the regulatory authority. With this number, you can trace your application’s progress through the Online Trademark Search Portal. This stage also allows you to start flaunting the ™ symbol alongside your logo.
4. Undergoing Vienna Classification:
If your trademark possesses distinctive graphical elements or a unique logo, it must undergo a Vienna Codification process. As defined by the Vienna Agreement, every such trademark gets a specific Vienna code, useful for internal tracking and takes about 3-5 business days due to internal processing.
5. Trademark Scrutiny:
Following the Vienna classification, your application lands on the desk of a Trademark Officer. They will meticulously assess the application, leading to an examination report. The outcome might be favourable, moving the application to the journal phase, or it could face objections.
Should any objections arise, you will have the opportunity to clarify your stand to the Trademark Officer. If convinced, your trademark moves to the journal. Conversely, if not satisfied, you can escalate the matter to the Intellectual Property Appellate Board.
6. Journal Advertisement:
Once past objections, your trademark gets a spot in the Trademark Journal, a weekly showcase of all green-lit trademarks. With this, the general populace gets a 90-day window to contest your trademark if they sense potential infringement.
7. Trademark Verdict:
If your application faces public objection, a Trademark Hearing Officer mediates a session between you and the opposing entity. Here, both parties present their cases. The officer’s ruling on the application’s fate can be contested at the Intellectual Property Appellate Board.
8. Final Registration:
Assuming smooth sailing post-journal advertisement or after tackling objections successfully, you’ll be crowned with a trademark certificate within about a month. This accolade lets you brandish the R emblem next to your brand insignia. Instead of a physical testament, the certificate can be fetched from the trademark website using your application number.
In Summary:
Securing a trademark in India is an intricate dance of multiple stages, typically spanning 6 to 8 months if your brand name is distinct. As the Trademark Ministry helms the application, timelines revolve around governmental operational speed. For a swift journey, it’s beneficial to embark with a one-of-a-kind brand name.
Challenges in Trademark Renewal
While the procedures for renewing a trademark in India might seem linear on paper, in practice, it can be filled with challenges. Here are a few that businesses often encounter:
Bureaucratic Delays: Government processes, at times, can be slow-moving. Despite timely filing, there could be administrative delays, affecting the speedy renewal of the trademark.
Oversight in Renewal: Businesses juggle a multitude of tasks daily. The renewal of a trademark, especially if it’s due in a distant future from its registration, can be overlooked. Missing the renewal window can lead to potential risks of losing exclusive rights to the trademark.
Change in Ownership Complexities: Transferring trademarks due to mergers, acquisitions, or other reasons introduces another layer of complexity to the renewal process. Ensuring the new owners have the rightful claim and complete documentation can sometimes be challenging.
FAQs on Register a Trademark in India
How much does it cost to register a trademark in India?
The cost varies based on whether you're an individual/startup/small entity or other entities. As of my last update in 2021, it ranged from INR 4,500 to INR 9,000 for e-filing.
Can I use the ™ symbol without registration?
Yes, the ™ symbol can be used even if the mark isn't registered. It denotes that you're claiming rights over it. However, the ® symbol can only be used post-registration.
Is the trademark registration in India valid globally?
No, trademarks registered in India are only valid within the country. For global protection, you'd need to register in other countries or regions.
What's the validity of a trademark in India?
Once registered, a trademark is valid for 10 years in India. It can be renewed indefinitely in 10-year increments, with the appropriate fees.
Can a rejected trademark application be appealed?
Yes, if your application is rejected, you can appeal to the Intellectual Property Appellate Board (IPAB) within 3 months from the date of the decision
