It takes a lot of time to come up with a brand name that matches your product perfectly. Sometimes, a hundred of scribbles on paper will take to you to the best brand name that you feel is right for your business. Would you like if any other person would just read it and copy it for his or her company? Of course not, it would be extremely annoying.
So, the solution to this problem is – Trademark registration!
The trademark registration online portal help you in registering your trademark for your brand in India. You can also find the required information for registering the trademarks and brand names of small as well as huge brand houses. Hope this blog helps you in getting all the required information on trademark registration in India.
What do you mean by Trademark for your brand?
It means the registration of your brand name. It says that a particular brand name will belong to your company. and anyone else uses your brand name to sell his products, then you have the right to sue such a person. In India, a combination of colours, sound marks, graphics, smell, logo, phrase, word, letters or numbers can be used as a trademark for your brand. The procedure to register your trademark for a brand –
Step One – Search for your trademark
Hope you have understood the point by its headline only. You need to come up with a quirky and whacky trademark because the generic ones will always be already taken. You might want to search online whether the name that you zeroed down is available or not. It’s best to use coined or invented words by combining them with generic terms to finalize a unique trademark.
Step Two – Fill up the trademark registration form
Now, you have pick-up a unique trademark, so the next step is to look up for application form trademark registration online. The Form – TM 1 needs to be filled up to apply for trademark registration. Along with application form, you will have to submit a few documents as well –
- You need to submit the ID proof of the company’s direction along with their address proof.
- You will have to submit a concern that describes the kind of business you are running for instance if you have a sole proprietorship, then you will have to disclose that.
- An image of your brand’s trademark in 9 x 5 cms standard size.
- A proof of claim that the proposed trademark has been used before in another country, if possible.
- Rs 3500 will be paid as the application form fees for trademark registration in India. It is a one-time payment.
Step Three – How to fill up and submit the registration application?
There are two ways to register your trademark – either go for the manual procedure or you may try the e-filing process. Under the manual procedure, you will have to submit the registration application to an Office of Registrar of Trademarks that are located in Ahmedabad, Chennai, Kolkata, Delhi and Mumbai. You will receive the acknowledgement of your registration application in the next two to three weeks but under the e-filing process, you receive the acknowledge instantly. As soon as you receive the acknowledge, you can use the TM next to your brand name.
Step Four – Examination of the Application form and documents.
The registrar will examine whether the trademark complies with the laws and may not create any dispute with any existing or pending TMs.
# Step Five – Indian Trademarks Journal After examining, the trademark will be published in the Indian Trademark Journal and if between a period of 90 days, no one raises an issue regarding the proposed TM, then the application is accepted.
# Step Six – Trademark Registration Certificate A certificate of trademark registration will be issued with the seal of the Indian trademark registry.
Trademark Registration Fees India
Rs 3500 is paid as application form charge which is a part of the trademark registration fees. Additional charges may be taken by your lawyer as his assistance fee. Thus, the entire process of trademark registration usually takes over a year and a half to complete. Once, it is accepted the TM will be valid for 10 Years and after that, you will have to renew it. If you are new in the business and you want to focus more on production right now, then you can ask your lawyers about laws to protect your unregistered TM. The entire process of registering your TM for your brand is little over-whelming, time-consuming and heavy on pockets. Which is why small businesses generally skip the procedure. But, a little effort will legally protect your brand and TM and it’s definitely worth the investment.