HOW TO FILE AN ONLINE TRADEMARK APPLICATION IN INDIA
Every company bigger or smaller uses Trademark to protect their business. The Trademark is supposed to be a very important asset for any business. With the help of registration one can stop others from using the same Trademark. The registration guarantees the originality and uniqueness of a brand.
The trademark application filing can be done by any of the following, claiming to be the owner of a trademark :
- An individual
- Partnership firm
- Limited liability partnership
- Government department and statutory organization
- Association of persons
- Hindu undivided family
The Trademark application filing can be done within few days and after the completion of the Trademark registration one cam use ‘TM’ symbol with their brand name.
The time required for the completion of Trademark registration in India is about 18 to 24 months. Once the Trademark is registered and registered certificate is issued, he owner can use the Registered symbol.
The registered Trademark is valid till 10 years from the date of Trademark filing, which can be renewed time to time.
Following are the documents required for filing a Trademark application in India:
- Trademark or logo copy
- Applicant details like name, address and nationality and for company : the state of incorporation
- Goods or services to register
- Date of first use of the trademark in India, if used by you prior to applying
- Power of attorney to be signed by the applicant.
The following procedure is followed for Trademark registration in India :
Step 1 : Search for a unique Trademark
Step 2 : Create a Trademark application
Step 3 : Fill the Trademark registration application
Step 4 : Examine the Trademark registration application
Step 5 : Publication in the Indian Trademark journals
Step 6 : Issuance of the Trademark registration certificate.
- TRADEMARK SEARCH
Before the Trademark registration process, the owner have to search for a unique Trademark. A Trademark that will be not identical or similar to any already existing Trademark. The owner can get information about any Trademark by visiting the Trademark Registrar Website. Generally, a Trademark attorney conduct this type of search.
- CREATE A TRADEMARK APPLICATION
Once the unique trademark search is complete, the application for trademark registration can be filed with the trademark registrar. The Trademark attorney have to fill the application. The application have to be filed in a prescribed form.
A Trademark application must include the following information:
Logo or the Trademark
Name and address of the trademark owner
Classification or Trademark class
Trademark used since date
Description of the goods and services
- FILL THE TRADEMARK REGISTRATION APPLICATION
There are two ways to fill the registration application – Manual or e-filing.
In the manual process, one needs to go to the registration office personally to submit the application. After which, within 15-20 days of the filing, the acknowledgement of the application and a receipt will be given.
In the e-filing process, the acknowledgement of the application is issued immediately after the submission
- EXAMINE THE TRADEMARK REGISTRATION APPLICATION
After receiving the application, the registrar examines whether the trademark acts in accordance with the law and there is no conflict or dispute with other existing registered brands.
- PUBLICATION IN THE INDIAN TRADEMARK JOURNALS
Once the examination is done, the Trademark or brand name is published in the Indian Trademark journal. If no one raises an opposition within 3 months from the date of publication, the Trademark will get accepted.
- ISSUANCE OF THE TRADEMARK REGISTRATION CERTIFICATE
After all the process, there will be a issuance of the Trademark registration certificate.
After which one can use the Registered tademark symbol next to their brand name.
The whole process of Trademark registration in India, usually takes about 15 to 18 months.
For more details on online Trademark Filing in India visit Company Vakil.