How to Register a Trademark?
In today's modern world, consumers are inundated and continuously exposed to trademarks in everyday life. Consider the terms Airtel, Paytm, Band-aid, Pampers, Xerox and Maggi, to name but a few; consumers subconsciously regard these trademarks as the actual products rather than as their respective brands. So, how do you trademark a name, and what are the benefits of the trademark?
Process of trademark registration is possible and convenient such that you can trademark any one of the below things or even a combination of the following:
– Letter,
– Word
– Number
– Phrase
– Graphics
– Logo
– Sound Mark
– Smell or a mix of colours
The trademark registry was established in 1940, then came the Trademark Act, which was passed in 1999. Currently, the trademark registry works as the operation or functional body of the Act. Or it can also be said to be working side by side. As a functioning body, the trademark registry implements all the rules and regulations of the trademark law in India.
The Head Office of the trademark registry is in Mumbai, and it has branch offices in Delhi, Ahmedabad, Chennai and Kolkata. These four branch offices work like a zonal office. For example, the Delhi office serves Delhi, Haryana, Rajasthan, Uttar Pradesh, etc. Similarly, Chennai Office serves Karnataka, Tamil Nadu, Andhra, Telangana, Kerala, etc. When registering a trademark, it is registered under the Trademark Act, 1999, and then the trademarks register it. In this process, the registry will check whether the registering mark meets all the conditions of the Act before registering it.
However, these goliath companies weren't born with this monopolistic association between brand and product. Not only did they think up a name, sign, design, or expression which resonated with their product concepts, they also registered their intellectual property as trademarks. This then raises the question of how trademarks facilitate the success of startups and the benefits of trademark registration in the long run.
Q.1. How to Register a Trademark
The registry of the trademarks does registration of a trademark, and it can be done in both online and offline modes. Through Offline mode is directly costly, it is beneficial for individuals filing their trademark by themselves.
Let's give it a step by step approach:
Step 1: Choosing a trademark:
Remember to choose a unique and distinctive mark that will represent your company. If you choose a brand like A2Z Store or Best Courier service, your brand will get rejected because it is too generic. The other important point is identifying which class you belong to. Currently, there are 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods, and classes 35-45 are for service. You can find the class list here.
Step 2: Mark search:
Once you have chosen your mark, it is advisable to search to check whether your chosen mark is similar to an already registered mark. You can either do this yourself by going to the online website of the controller general of patents, designs and trademarks. On the website, you can find an option to do a public search. Once You are confident of the genuinity of your mark, you need to choose your class and search the online database.
The other option is to get legal services from some Intellectual Property Attorney (I.P. Attorney like Shivesh Jha); although you will have to pay for his services, this is the safer option.
Overall legal services will cost less in case your trademark is objected against. Not only will they search, but they will also help you with the whole process.
Step 3: Filing application:
There are two options you can take while filing for a trademark: viz. Online Mode & Offline Mode
Online Mode:
Individual Applicant- (Applicant is either Individual or a Proprietorship Firm)
– File for a trademark under your particular choice class. Meaning the trademark will be registered only for the specific class that you have chosen. In this case, you have to fill in form TM-A. The fee payable for the filing of form TM-A is rupees ₹4,500+ transaction fee(Debit Card approx ₹10, Credit Card ₹50, UPI ₹0). You can find all the amounts payable for the corresponding forms while making the payment.
Company Applicant - Online
– File for a trademark under your particular choice class or classes. Meaning the trademark will be registered only for the specific class or classes that you have chosen. In this case, you have to fill in form TM-A. The fee payable for the filing of form TM-A is rupees ₹9,000+ transaction fee(Debit Card approx ₹10, Credit Card ₹50, UPI ₹0). You can find all the amounts payable for the corresponding forms while making the payment.
Offline Mode:
Individual Applicant- (Applicant is either Individual or a Proprietorship Firm)
– The trademark Application form is available on the I.P. website. You need to fill it with all the relevant information duly. Make sure to deposit it in duplicate at the Trademark Counter or courier to the Registrar of Trademark Registry. The fee payable for filing form TM-A is rupees ₹5,000/- in cash, or you can also make a demand draft payable to the same. You can find all the amounts payable for the corresponding forms while making the payment.
Company Applicant - Online
– File for a trademark under your particular choice class or classes. Meaning the trademark will be registered only for the specific class or classes that you have chosen. In this case, you have to fill in form TM-A. The fee payable for the filing of form TM-A is rupees ₹10,000/-. You can find all the amounts payable for the corresponding documents while making the payment.
You can file it online or by yourself or by an agent, whichever is convenient for you. Confirmation of filing will be done immediately if done online, and if done physically, it may take 15-20 days.
Or, if you feel this overwhelming, you can always dial 88028-12345 and get it done with the help of a Trademark Attorney.
Process of trademark registration is possible and convenient such that you can trademark any one of the below things or even a combination of the following:
– Letter,
– Word
– Number
– Phrase
– Graphics
– Logo
– Sound Mark
– Smell or a mix of colours
The trademark registry was established in 1940, then came the Trademark Act, which was passed in 1999. Currently, the trademark registry works as the operation or functional body of the Act. Or it can also be said to be working side by side. As a functioning body, the trademark registry implements all the rules and regulations of the trademark law in India.
The Head Office of the trademark registry is in Mumbai, and it has branch offices in Delhi, Ahmedabad, Chennai and Kolkata. These four branch offices work like a zonal office. For example, the Delhi office serves Delhi, Haryana, Rajasthan, Uttar Pradesh, etc. Similarly, Chennai Office serves Karnataka, Tamil Nadu, Andhra, Telangana, Kerala, etc. When registering a trademark, it is registered under the Trademark Act, 1999, and then the trademarks register it. In this process, the registry will check whether the registering mark meets all the conditions of the Act before registering it.
However, these goliath companies weren't born with this monopolistic association between brand and product. Not only did they think up a name, sign, design, or expression which resonated with their product concepts, they also registered their intellectual property as trademarks. This then raises the question of how trademarks facilitate the success of startups and the benefits of trademark registration in the long run.
Q.1. How to Register a Trademark
The registry of the trademarks does registration of a trademark, and it can be done in both online and offline modes. Through Offline mode is directly costly, it is beneficial for individuals filing their trademark by themselves.
Let's give it a step by step approach:
Step 1: Choosing a trademark:
Remember to choose a unique and distinctive mark that will represent your company. If you choose a brand like A2Z Store or Best Courier service, your brand will get rejected because it is too generic. The other important point is identifying which class you belong to. Currently, there are 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods, and classes 35-45 are for service. You can find the class list here.
Step 2: Mark search:
Once you have chosen your mark, it is advisable to search to check whether your chosen mark is similar to an already registered mark. You can either do this yourself by going to the online website of the controller general of patents, designs and trademarks. On the website, you can find an option to do a public search. Once You are confident of the genuinity of your mark, you need to choose your class and search the online database.
The other option is to get legal services from some Intellectual Property Attorney (I.P. Attorney like Shivesh Jha); although you will have to pay for his services, this is the safer option.
Overall legal services will cost less in case your trademark is objected against. Not only will they search, but they will also help you with the whole process.
Step 3: Filing application:
There are two options you can take while filing for a trademark: viz. Online Mode & Offline Mode
Online Mode:
Individual Applicant- (Applicant is either Individual or a Proprietorship Firm)
– File for a trademark under your particular choice class. Meaning the trademark will be registered only for the specific class that you have chosen. In this case, you have to fill in form TM-A. The fee payable for the filing of form TM-A is rupees ₹4,500+ transaction fee(Debit Card approx ₹10, Credit Card ₹50, UPI ₹0). You can find all the amounts payable for the corresponding forms while making the payment.
Company Applicant - Online
– File for a trademark under your particular choice class or classes. Meaning the trademark will be registered only for the specific class or classes that you have chosen. In this case, you have to fill in form TM-A. The fee payable for the filing of form TM-A is rupees ₹9,000+ transaction fee(Debit Card approx ₹10, Credit Card ₹50, UPI ₹0). You can find all the amounts payable for the corresponding forms while making the payment.
Offline Mode:
Individual Applicant- (Applicant is either Individual or a Proprietorship Firm)
– The trademark Application form is available on the I.P. website. You need to fill it with all the relevant information duly. Make sure to deposit it in duplicate at the Trademark Counter or courier to the Registrar of Trademark Registry. The fee payable for filing form TM-A is rupees ₹5,000/- in cash, or you can also make a demand draft payable to the same. You can find all the amounts payable for the corresponding forms while making the payment.
Company Applicant - Online
– File for a trademark under your particular choice class or classes. Meaning the trademark will be registered only for the specific class or classes that you have chosen. In this case, you have to fill in form TM-A. The fee payable for the filing of form TM-A is rupees ₹10,000/-. You can find all the amounts payable for the corresponding documents while making the payment.
You can file it online or by yourself or by an agent, whichever is convenient for you. Confirmation of filing will be done immediately if done online, and if done physically, it may take 15-20 days.
Or, if you feel this overwhelming, you can always dial 88028-12345 and get it done with the help of a Trademark Attorney.
For any further queries related to this or anything else visit TAXAJ
TAXAJ Corporate Services LLP
Address: 1/11, 1st Floor, Sulahkul Vihar, Old Palam Road, Dwarka, Delhi-110078
Contact: 8961228919 ; 8802812345 | E-Mail: connect@taxaj.com
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