Trademark registration – Know the entire Procedure

Trademark is a kind of intellectual property that consists of designs, recognizable sign, expressions so that you can distinguish it from your competitors. It is one of the way by which you can prevent your ideas and thoughts from being stolen. You can register for trademark under the Trademark Act, 1991.In India, the trademark are registered by the Controller General of Patents, Designs and trademarks. Ministry of Industry and Commerce. After the brand or logo is trademarked, you will be assigned with a registered TM Number within a period of three days.

Through trademark, you can ensure that your goods and services have unique branding in the market.

• Names and logos of the brands.

For example the logo of the brand Adidas is trademarked.

Different trademark symbols are used by the Controller General of Patents which reflects the status of the trademark registration.

• TM Symbol – This symbol is used for the product and is used when the trademark is nor registered. The business entity can use the “TM” symbol. The main purpose of using this symbol is to make the people aware of this brand.
• SM Symbol – This symbol is used for the services and is used when the trademark is nor registered. The business entity can use the”SM” symbol. The main purpose of using this symbol is to make the people aware of this brand.
• R Symbol – This symbol is used when the trademark is already registered and you have received the Certificate of Registration for the Registrar.

Here is the list of document required for the Trademark Registration-

• A soft copy of the Trademark
• For an Individual/HUF (Hindu Undivided Family)
• Identity proofs such as PAN Card.
• Business Registration Document.
• In the case of Company/LLP
• Shops Establishment License
• Incorporation Certificate
• Address proof of the Company
• In case of Partnership Firm
• Partnership Deed

• Trademark your “Brand Name”

You need to select a catchy brand name which could entice the customers and is different from other brand names.

• Apply for the trademark application on the portal : https://ipindiaonline.gov.in/eregister/eregister.aspx

After this, you have to submit the following documents while filing the Trademark application.

• Business Registration

The proofs which are provided vary according to the business types:

• SOLE PROPRIETORSHIP

Identity proof of the Company’s Director.

• Address proof of the Company’s Director.

1. For a Registered company
2. Address proof of the Company
3. Soft Copy of the Trademark       
4. Proof of the Claim of the proposed mark that can be used in another country.
5. Power of Attorney signed by the applicant.

• Apply for the Brand name Registration

The concerned registrar will check whether your brand name is unique and not non-offensive.

• Publish the Brand name in the Indian Trademark Journal

The Registrar will issue the Brand name of yours in the India Trademark Journal. If there is NO Objection within three days from the date of publication. Then you can proceed ahead.

• Trademark Registration Certificate

• Use of Generic Terms
• Use of Offensive strings
• Use of Patriotic marks
• Use of Descriptive terms.
• Use of Obscene/Misguiding terms
• Use of Surnames as trademarks
• Using Brand names which are famous in other countries
• Not hiring a trademark lawyer

If the Trademark Registration gets rejected by the applicable registry on the grounds mentioned in Section 9 and Section 11 of the Trademark Act, then you can appeal to the Appellate Board against the decision of the Registrar of the trademark registry. You must request within the three months of rejection of the Trademark. An appeal could be filed even after three months if some issues were there.

Trademark registration Procedure is a very time-consuming procedure, and it‘s advisable to hire a lawyer before commencing your business.

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