Online Trademark Registration Procedure

• Step 1: Surf internet for a brand name that is “wacky-enough”

  This is simply a quick and best way for any newcomer to get a catchy, trendy, exciting brand name. Picking up a brand name that is wacky and quirky is a wise move since most of the generic names would already be in someone’s hands. Moreover, zeroing in on a particular name requires a quick research process to ensure that you are not picking a brand name already in use. The best part here is that you can invent or coin some words with a mix of generic words to create a unique brand name for yourself.

• Step 2: Preparing a trademark application

  The following supporting documents together with the application have to be submitted for online trademark registration:-

  – Business Registration Proof: Based on your registered business (e.g., sole proprietorship and so on), identity proof of the company’s directors and an address proof have to be submitted. In the sole proprietorship business, id proof of the proprietor viz. PAN card, Aadhar card could be submitted. Whereas, in the case of companies, the address proof of the company needs to be submitted.

  - Soft copy of the trademark.

  – The proof of claim (which is applicable) of the proposed mark can be used in another country.

  – Power of attorney to be signed by the applicant.

• Step 3: Filing the application of brand name registration

  Manual Filing and e-filing are the two different ways for filing the registration application (form TM-A). If you choose ‘manual filing’, you have to move personally and hand over your application for the registration to the Registrar Office of Trade Marks situated in the major cities of India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you have to wait for at least 15 -20 days to receive the acknowledgement receipt. But in the case of an e-filing system, you will receive your receipt of acknowledgement instantly on the government website. Once after receiving your acknowledgement, you are eligible to use your TradeMark (TM) symbol beside your brand name!

• Step 4: Examining the process of the brand name application

  Once the application is dispatched, the Registrar of Trademark will check out whether you have followed specific terms and that your brand name complies with the existing law. Moreover, there should not be any similarity or identical with any current or pending brands for the registration. This is why we preferred you to choose a quirky brand name!

• Step 5: Publication of your brand in the Indian Trade Mark Journals

  After the examination process, the Registrar of Trademark will publish your brand name in the Indian trademark journal. This is undoubtedly the most important part of trademark registration. There should not be any opposition within three months, i.e. 90 days (or 120 days in some cases), from the date of publication. When there is no opposition, the Registrar of Trademark will proceed towards issuing Trademark Registration Certificate.

• Step 6: Trademark Opposition

  Suppose there is any opposition by a third party within three months of the trademark publication in the trademarks journal. In that case, the Registrar of Trademarks will give you a copy of the notice of the opposition. You need to reply to the opposition notice by filing a counter-statement within months. If you do not submit the counter-statement within two months, the trademark application will be considered to have been abandoned and rejected.

  However, suppose there is no opposition within three months. In that case, this step will not apply to you, and your brand name is proceeding towards acceptance for the issuance of the Trademark Registration Certificate.

• Step 7: Hearing on Trademark Opposition

  This step will not apply to you if there is no trademark opposition. 

  However, suppose a third party opposes your trademark, and you send your counter-statement within two months. In that case, the Registrar of Trademarks will send your copy of the counter-statement to the third party opposing trademark registration. 

  You and the third party must submit evidence in support of your case. The Registrar will give you and the third party an opportunity of hearing after the submission of proof. After hearing both the parties and considering the evidence, the Registrar will pass an order of acceptance or rejection of the trademark application. If the Registrar of Trademark accepts your trademark application, he will process to issue a registration.

• Step 8: The trademark registration certificate issuance

  The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated period of 90 days or on acceptance of your trademark application after the trademark opposition hearing. Wow! And this will be the happiest moment for you as the Registrar issues the Registration Certificate with the Trademark Registry seal.

  Once you have been issued with your certificate, you can use the registered trademark symbol (®) beside your brand name. Thus, this blog post feels that even beginners can understand all about creating a brand name and registering it successfully.