Trademark Registration

Trademark Registration - An Overview

YOU CAN NOW REGISTER A Trademark Registration IN INDIA AT JUST RS. 6,499 (ALL INCLUSIVE)*

A trademark is a visual symbol which may be a word, name, device, label or numeral used by a business to distinguish its goods or services from other similar products or services in the market owned by other businesses. A trademark is an asset that can be protected under Indian law. To protect a trademark from being copied by others, the inventor of the word or symbol must apply for trademark registration. The process for trademark registration has various steps, and it is essential to hire an expert for trademark filing to ensure a seamless process.

Why Is Trademark Registration Important?

Trademark registration is important and necessary for a business because:

  • It showcases your unique identity
  • It helps you build trust and loyalty among your customers
  • It offers legal protection for your brand’s identity
  • It is an asset in itself
  • It prevents unauthorized usage of your brand’s identity.
  • Trademark Objections

    In some cases, the trademark examiner might see certain problems or issues with the registration of your trademark. These issues can be either the filing of an incorrect trademark form, incorrect name/details, the usage of deceptive or offensive terms, insufficient information on goods or services, or the existence of an identical or deceptively similar mark.

    If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or if there are additional clarifications sought by the examiner, there could be a trademark hearing scheduled and this will be communicated to you by a notice.

    Trademark Opposition

    On the other hand, A trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. A trademark opposition is filed by third parties who feel your trademark could in some way impact them or their own trademark, in writing, in the form of a notice, with the trademark examiner. If the examiner sees any merit to the opposition, they are to forward the notice to the applicant, who is required to send in a counter statement to the Registrar within 2 months.

    If the Registrar feels the counter statement addresses the opposition substantially, they may dismiss the opposition. Alternatively, if the registrar feels there is more to be weighed, they may call for a hearing with both parties appearing before them and presenting their cases. After the hearing, the Registrar will rule on the validity of either the application or the opposition. This ruling can be appealed before the Intellectual Property Appellate Board within 3 months of it being made public.

    Documents Required for Trademark Registration

    Initially, you have to provide us with the following details:

  • Applicant’s name
  • Business type
  • Business objectives
  • Brand/logo/slogan name
  • Registration address

    The documents required are:

  • Signed Form-48
  • Identification proof of the signatory
  • Address proof of the signatory
  • Business proof (depends on the type of business)
  • Udyog Aadhar/MSME registration certificate (optional)