A trademark holds significant value socially and financially, as it builds brand recognition and contributes to business growth. The trademark registration in India is governed by the Trademarks Act, 1999, which outlines the procedures for trademark registration and provides legal protection and enforcement mechanisms for trademark owners. The trademark registration process has a lot to understand, including the registration process, required documents, timeline, and renewal.
Trademark Registration in India: Process
1. Trademark Search
The beginning of the trademark registration procedure starts with searching. It involves checking existing trademarks in the marketplace to ensure that a similar or identical mark hasn’t already been registered. Conducting a proper search helps avoid future legal disputes and conflicts related to trademark infringement. You can perform this search yourself using the official IP India website, or hire a registered trademark agent or attorney for professional assistance and advice.
2. Application Filing
Application filing is the next step; the filing can be done online or offline, both ways. If you are doing it physically, you have to the register office by yourself. You will then you will receive an acknowledgment receipt after 15-20 days. If you are opting for the online way, you will receive the acknowledgement receipt immediately after submitting the application.
Cost of the filing;
The cost of trademark filing, based on the category of the applicant.
- Individual or sole proprietor/innovator- 4,500(e-filing) and 5000(Physical)
- Small entity (such as a startup or MSME)- 4,500(e-filing) and 5000(Physical)
- Others (including large companies, firms, and organizations not qualifying as small entities)- 9,000(e-filing) and 10,000 (Physical)
3. Examination:
This is the examination process where the examiner evaluates your application.. Now he/she will check for errors and look to the if you are fulfilling all the requirements.
4. Publication and Opposition:
After fulfilling all the above steps, it’s now time for publication, in which your trademark will be published in the trademark journal. But the most important part is that there should not be any objections within 4 months. With objection, we mean that no third party should claim that this trademark is identical or similar their trademark.
5. Registration:
If no objection is raised for 4 months, then you will receive the certificate for your trademark. Now you can officially use your trademark. And the symbol ®.
6. Renewal:
Renemal is also important to understand, because you only get 10 years right for your trademark; after that, you have to renew the trademark.
Trademark Registration in India: Required Documents
There are some major documents that are required in the process of filing.
To apply for a trademark, certain documents are required based on the type of applicant. For individuals or sole proprietors, valid ID and address proof are essential, along with a signed Form-48 and optionally, a copy of the logo. If the applicant is a registered MSME, a Udyog Aadhaar certificate is also needed. For partnership firms, companies, or LLPs, additional documents like the partnership deed or certificate of incorporation, PAN card, passport, and ID/address proof of the authorized signatory must be provided.
Full Cost of the trademark application process:
The trademark registration fee in India is valued on the basis of the applicant type. For individuals, the fee is ₹10,000, while for companies or other entities, it is ₹15,000. These fees are applicable for standard registrations and may vary depending on the mode of filing and any additional legal services involved.
Conclusion:
The trademark brings lots of value to the brand. The registration process has a lot of complexity in it. And requires excellent knowledge of law, this article helps those who are wondering about the trademark registration process. We have tried to explain each topic in detail in simple words and level of understanding