Protect your brand legally with easy tips on registration, eligibility, and documentation. “Brand identity protection in today’s era of competitive business culture takes top priority. Having your logo trademarked is perhaps the best way of protecting your brand. Apart from securing rights to exclusive usage of the logo on your side, it increases your brand’s image. In India, the process of registering a trademark for a logo is well defined, and becoming familiar with every step can simplify things. Understanding Trademarks and Why They Are Important
A trademark is an alphabet, a phrase, or an expression that the company utilises for the identification of other individuals’ goods or services other than their own. It represents origin, reputation, and quality. Trademark registration gives juridical protection against third-party abuse and for determining the origin of the goods or service.
Process of Trademark a Logo in India
1. Perform a Trademark Search
Prior to making the registration process public, it is mandatory that your logo is distinctive and does not infringe on any trademarks. This includes:
- Search of Trademark Database: Log in to the IP India e-filing portal to search for similar trademarks.
- Study of Results: Search for the same or similar marks in the same class of goods or services.
A good search reduces the chances of objections at the time of registration.
2. Choose the Right Trademark Class
Indian trademarks are categorised into 45 classes, each of which is a class of goods or services. The proper choice of the proper class must be made so that you may apply for the proper sort of protection. For instance:
- Class 25: Footwear, apparel, and headwear.
- Class 9: Software, electronics, and gadgets.
Proper choice of class enables you to obtain the proper amount of protection.
3. Prepare the Application
Following the search and selection of an appropriate class, application preparation comes next. The application must contain:
- Applicant’s Information: His/her name and address.
- Representation of Trademark: Clear depiction of logo.
- Goods/Services Description: Clear depiction of goods or services that the logo represents.
- Class Choice: The class of the trademark.
- Date of Initial Use: Where the trademark had otherwise already been commercially used.
Make sure all information is accurate so as not to waste time.
4. Apply for Application
There are two modes of application for trademarks:
- Online Filing: In the IP India e-filing system. Online application is faster and less expensive.
- Physical Filing: Physical hand submission of application to the respective trademark registry office.
As of 2023, the government fee for online filing is:
- Individual/Startup/Small Enterprise: ₹4,500 per class.
- Others: ₹9,000 per class.
Other professional costs are incurred if you are engaging an advocate.
5. Examination of Applications is done
Once you apply, the application is examined by the Trademark Office to ensure if it is in compliance with statutory requirements. It covers:
- Substantive Examination: Cross-check for distinctiveness and mark flexibility.
- Formal Examination: Cross-check for conformity with procedural guidelines.
On objection, the applicant will be asked to respond within the stipulated time, usually 30 days.
6. Trademark Journal Publication
In the event unopposed, the application survives examination, it’s published in the Trademark Journal. This is for:
- Notify the Public: Offer third parties a chance to file opposition in case it’s determined to infringe on their already existing rights.
- Begin the opposition period: a 4-month timeframe during which oppositions are acted on.
7. Opposition Proceedings (whenever necessary)
In the event there’s opposition, the procedure is:
- Filing a Counter-Statement: Refutation of Opposition.
- Evidence Submission: Both parties submit evidence in favour of their position.
- Hearings: Hearings are conducted, if necessary, to rule on the dispute.
Successful opposition proceedings can result in rejection of the trademark application.
8. Registration and Issuance of Certificate
Save as in case of objection, or opposition proceedings are waived in favour of the applicant, the mark is registered and a Registration Certificate issued. The certificate confers an exclusive right of use of the trademark in respect of specific goods or services.
9. Renewal of Trademark
An Indian trademark is valid for 10 years from the date of application. For continued protection, every 10 years the trademark must be renewed. The renewal procedure is:
- Filing Form TM-R: Filings with due fee.
- Filing in time: Filing within the due date of the current registration.
Read More: USPTO Launches AI-Powered Patent Search Pilot to Streamline Examination
Common Mistakes to Avoid During Trademark Registration
- Ineffective Trademark Search: Insufficient search can lead to mismatches with already registered trademarks.
- Weak Class Selection: Weak class selection can limit the protection scope.
- Weak Documentation: Weak or poor documentation can lead to delay or rejection.
- Not Responding to Objections: Failure to respond to objections on time can lead to abandonment of the application.
Conclusion
Getting your logo trademarked in India is a compulsory act of safeguarding your brand identity and acquiring exclusive rights over your mark. Provided it is done flawlessly, under cautionary measures, it’s relatively easy to go through the trademark registration process.