To apply for a trademark, the procedure followed in India is governed by the provisions of the Trademark Act, 1999 read with the Trademark Rules, 2017.
Procedure Followed in India to Apply for a Trademark – Introduction
The process is almost the same with minor differences across jurisdictions of the world, for example, in the US, the authority of USPTO governs the entire process. The process starts with preparing the documents to file an application expressing interest in registering your trademark and Procedure Followed in India to Apply for a Trademark the following ways:
i) Before Filing the trademark application, an extensive online search has to be conducted in the Trademark registry database for eliminating chances of objection or infringement in the later stages.
Firstly, a preliminary search is done for identifying marks that are visually or phonetically similar.
Secondly, a comprehensive search needs to be conducted by professional attorneys since they can access the data from multiple platforms like company names, state trademarks, publications, domain name databases and social media search for a broader scope of eliminating objectionable concerns.
Finally, Trademark Image Search is a tool that is scale, position and background invariant. It compares different logos by visual similarities, design copies or its uniqueness, beyond just words.
ii) The application has to be prepared to contain details such as the Name of the Applicant, The entity of the applicant, i.e. Individual, LLP, Partnership, Company or any other legal entity. Name and designation of the authority – the person filing on behalf of the applicant, details of the mark. That is, the type of mark applied for registration, date of usage of the mark in India or outside India. Description of goods or services under which the mark will be registered.
Before starting the registration procedure, you can verify whether a trademark is available using Vakilsearch’s free trademark search engine.
Class and Documents Search:
iii) The next step is to choose the right class(es) for your company from a total of 45 classes. Our professionals will assist you with picking the appropriate lessons to address all elements of your company. Simultaneously, you may begin uploading all of the essential papers for trademark registration on your dashboard (see list below). After you’ve uploaded all of your papers, our staff will go over them and verify them. The trademark application form will then be completed on your behalf and submitted with the necessary papers. Our staff will make certain that your application is error-free and accurate. It has to be then filed at the trademark office either online through the e-filing process or offline through speed post, along with the required form. A single application can be used to file for a trademark under multiple classes.
Particulars Before Filing:
- iv) The documents submitted along with the application must be handwritten, printed or typewritten in Hindi or English, they must contain the signatures of the applicant with a date or of the authority filing on behalf of the applicant, date and place of filing and digital signatures in the case of e-filing.
In case more than one person is filing the trademark, it must be signed by each applicant if an agent or attorney is not applying for it. In India, the above fee is 5000 for individuals offline. And 4500 under the e-filing process and for companies it is 10000 and 9000 respectively.
v) The application shall then be processed by the registrar and passed through several stages before registration of the trademark, including:
Objections: The trademark examiner may notice problems or technical issues with your trademark registration, such as the filing of an incorrect trademark form, incorrect name/details, the use of deceptive or offensive terms, insufficient information on goods or services, or the existence of a similar or identical mark. The response to the same must be filed within 30 days. A hearing may be conducted if the claims are unsatisfactory.
Opposition: After it has been published in the journal, a trademark may be challenged via notification in a legal case by third parties who believe your trademark may adversely affect their own, filed with the trademark examiner. Within two months, the applicant must submit a rebuttal statement to the Registrar.
If the counter-reply is unsatisfactory, a hearing is held in which both parties state their arguments. Further, a judgment is issued. This can be challenged within three months to the Intellectual Property Appellate Board.
- Our experts can do a thorough trademark search across their database with customized tools and technology.
- Help you with the class selection, and documentation.
- Prepare and file an accurate application and keep you updated through all check posts.
- Prepare strong responses to objections and oppositions to help your application get accepted.
The Procedure Followed in India to Apply for a Trademark is crucial for protecting your brand identity and establishing your business. Following the outlined procedure ensures a smooth and successful registration process. It’s important to conduct a thorough trademark search, file the application correctly, and comply with all legal requirements. With a registered trademark, you can establish a strong brand identity that sets you apart from your competitors.
- When Can a Trademark Application Be Rejected?
- Common Trademark Mistakes To Avoid
- How to Do a Trademark Search for Free