Trademark Registration Process in India

Trademark Registration Process in India

Trademark Registration Process

Trademark registration makes your business stand out in the industry and builds up a reputation and identity.  A trademark can be just a logo or a combination of words, numbers, colours, etc. Every trademark registration Procedure is under the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. The tenure for trademark registration is 10 years, and one can renew it for the next session of 10 years when the expiry date is nearing.
Registration of a trademark under the Trademark Act, of 1999 ensures that any exploitation of the trademark can be combated with legal actions. Trademark registration has the consideration to be the intellectual property of the owner, and the owner can use it to safeguard the investment into the business. It is essential to register the trademark, especially if the product or service is unique in the line of business. The trademark registration process in India has been discussed below.
Why Should You Register Your Trademark?

Trademark registration protects your rights to use the mark in association with your goods or services. It offers a robust shield against infringement, empowering you to take legal action against unauthorized trademark use. Upon successful registration, your trademark remains valid for ten years from the filing date, with the option to renew it indefinitely.   

  1. Any individual, company, proprietor, or legal entity claiming to be the owner of the trademark can apply for trademark registration. Moreover, it usually requires 18-24 months to complete the registration of the trademark. The trademark registration Procedure involves the following steps. 
Step 1: Conduct a Trademark Search
  1. A trademark should be unique and not a copy of any other existing trademark. It should not be offensive or contain specifically protected emblems. After you have decided on the trademark, conduct a search using the Trademark (™)  Director to check if the trademark is already taken or not. In case it is already taken, you have to modify it again. Once it has a
  2. unique recognition, you can proceed to the next step.

 Step 2: Examination of the application
  1. The examiner will examine the application for any disparity after filing the trademark application. It takes around 12-18 months to examine the application. It is up to the examiner whether the trademark application can accept absolutely or conditionally.
  2. If it can accept unconditionally, the trademarks will get published in the Trademark Journal. If it is not acceptable unconditionally, the objections will be mentioned in the examination report. A time of one month will be given to fulfill the terms given.    

Step 3: Publication of Trademark
  1. trademark
    The step of publication of the trademark has been incorporated in the registration procedure so that any person who objects to the registration of the trademark has the opportunity to oppose the same. The trademark Journal has the publication every week. After the trademark publication, the public has the right to object to it if they have substantial grounds. The third-party has to file a trademark opposition within three months from the date of publication of the trademark.  In case there is opposition, the Registrar gives a fair hearing and decision
Step 4: Registration Certificate
  1. If, after three or four months from the publication, there is no opposition, it signifies that the trademark proceeds for the registration. After the application is in process with the 
  2. trademark registration, along with the publication in the Trademark Journal, you will get a registration certificate under the seal of the Trademark office. 
Who can Apply for Trademark Registration?
  1.  Trademark registration is open to a wide range of entities and individuals, including  Individuals
  2.   Joint owners of a company
  3.   Proprietorship firms
  4.  Partnership firms (with a maximum of ten partners)
  5. Limited Liability Partnerships (LLPs)
  6. Indian companies
  7. Foreign companies
  8. Trusts
  9. Societies
This inclusivity ensures that various businesses and entities can safeguard their brand identities through trademark registration.

Types of Trademark Registrations in India

In India, various trademark registrations cater to different needs and purposes, all aimed at enabling consumers to recognize products and services associated with specific manufacturers or service providers. Here, we delve into the distinct categories of trademark registrations available:
Product Mark
This type of trademark is affixed to goods or products, aiding in identifying their origin and preserving a company's reputation. Trademark applications falling under classes 1-34 are typically classified as product marks as they pertain to tangible commodities.
Service Mark
Similar to a product mark, a service mark is used to identify services rather than physical products. Service marks primarily help differentiate the providers of certain services from others. Trademark applications falling under classes 35-45 are often regarded as service marks related to service offerings.
Collective Mark
A collective mark conveys specific characteristics of products or services associated with a particular group. It allows individuals or entities to protect and represent goods and services collectively. The trademark holder may be an association, a public institution, or a Section 8 corporation.
Certification Mark
The owner issues these marks to indicate information about a product's origin, composition, quality, or other pertinent data. Certification marks establish product standards and assure consumers that the product meets standardized quality benchmarks. They are commonly found in packaged goods, toys, and electronics.
Shape Mark
Shape marks are employed to secure the distinct shape of a product, making it easily recognizable to consumers as originating from a specific manufacturer. Registration is contingent on the shape being deemed distinctive.
Pattern Mark
Pattern marks are used for products featuring unique, designed patterns that serve as distinguishing features. To qualify for registration, these patterns must stand out as distinctly recognizable.
Sound Mark
Sound marks are distinctive sounds associated with products or services from suppliers. Sound logos, often known as audio mnemonics, are commonly heard at the beginning or end of commercials. An example in India is the IPL tune.
These diverse categories of trademark registrations offer businesses and entities the flexibility to protect their brand identity following their unique offerings and market presence.

     Trademark Renewal      
  1. Only applying for trademark registration would not work in the long term. The validity of a trademark is up to ten years. After ten years, one needs to file for the renewal of trademark in India. You must renew your trademark before its expiration. The application for the renewal must be submitted before the deadline to get seamless protection of the trademark without any chance of litigation.
  2. What are the significant advantages of trademark registration?
  3. legal protection
1. Legal Protection
  1. The owner with a registered trademark has the legal right in case of any violation. It means that if you doubt that your trademark is copied by anyone else, you may sue them for imitating your brand name, logo, or slogan.
2. Create an Intangible Asset
  1. Initially, a trademark can be a valuable asset if your brand succeeds and builds a good name. Trademark registration makes it an intangible asset that can distribute, traded, franchised, or have a commercial contract. Additionally, this is beneficial to the company and the proprietor.
3. Get Exclusive Rights
  1. The owner of a registered trademark would be able to have exclusive rights over the trademark. Additionally, the same trademark process is for all the products that fall under the same class by the owner. However, having proprietary rights on the services and products also permits the proprietor to stop any kind of illegal use of the trademarked thing.
4. Applying a Registered Symbol
  1. The proprietor or the company can use the registered symbol once the trademark has been filed. The logo will be evidence of the fact of the trademark registration and cannot be used by another person or company. In case of infringement, the holder of the trademark can decide to sue the other person.








5. Promotes Goods and Services

  1. Registration of a trademark constitutes the face of a company or goods and services. Similarly, This serves to differentiate and promote the creation of a brand. Meanwhile, most companies get their identity by trademark. So, a trademark plays a vital role in promoting and helps in enhancing brand value.
  2. Nowadays, with the advancement of technologies, the trademark registration process can be quickly done online. In conclusion, one can get the help of a registered attorney to register online without even having to visit the registry office.





Created & Posted by Dolika 
 Marketing and operations at TAXAJ

TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you a One Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/BusinessTrademark & Brand RegistrationDigital MarketingE-Stamp Paper OnlineClosure of BusinessLegal ServicesPayroll Services, etc. For any further queries related to this or anything else visit TAXAJ

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