Trademark Registration Process, Documents, Fee

Trademark Registration Online

A brand is a valuable asset of a company, business or trade. The brand name, trademark, logo are the assets which serve as identity of a business among the consumers and business environs. The trademark is an intellectual property of the owner which has a worth. That is why it is very important to protect the trademark from infringement or piracy to save the trust, value and credibility of brand and business.

Trademark registration is the mechanism to accomplish the task of protecting the intellectual asset. Trademark or brand registration in India is governed by the Trademark Act 1999. A business entity has to submit trademark registration form to the controller general of patent designs and trademarks, Ministry of commerce to get the logo, brand name, trade name registered.

 

Trademark Registration Process

The process of registration of trademark, brand or logo is constituted by series of steps as specified by the Intellectual Property India. It consists of steps such as trademark search, trademark application form filing, trademark objection, trademark approval and more..

Here is step wise guide to trademark registration process

1. The first step is trademark search process. It is necessary to deeply research the trademark before filing the registration application form. The trademark name search can be done at official website of http://www.ipindia.nic.in/


2. After successful trademark name search, it is time to file trademark application form with the regional office of the Trademark registrar.


3. After receiving the application form, the office issues an allotment number to the applicant. This TM allotment number can be is used for tracking of application form.


4. The trademark is examined by the officer to any mistakes as per the rules laid down in trademark act 1999. The officer issues an examination report for further processes.


5. If the trademark is objected, the applicant will have to address the objections to the Trademark officer. Otherwise the TM is sent for publication in the journal.


6. After publication of TM in the weekly journal, public has got an opportunity to object the application.


7. Again if any objection is raised within period of 90 days, it need to be addressed by the applicant. If the objection is not been satisfied, it will be rejected.


8. If the objection is addressed successfully or no objection is raised; the officer issues the trademark within 12 weeks.


9. After registration, objections can be raised by third parties.


10. These objections are resolved by Trademark hearing Officer. If not satisfied by decision of TM hearing officer, one can challenge it at intellectual property appellate board.


11. Download Complete trade marks registration in india.pdf

Trademark Name Search Process

Trademark search can be done by visiting the official website of intellectual property india http://www.ipindia.nic.in/ On the website, there is an option for intellectual property search where you can check the patents, trademark, copyrights and brand names.

1. Go to http://www.ipindia.nic.in/


2. Click on public name search option


3. Fill details in form to search trademark


4. Choose the options “start with”, “contains” and “match with”


5. Enter the class of trademark.


6. Begin the trademark search

 

Trademark name research is the most important step to increase chances of trademark approval. The trademark application form can be rejected in below listed cases:

1. If the trademark is similar to any existing trademark.


2. If the name is a generic term with common terms.


3. If it is not unique enough to be distinctive.


4. It contains special emblems.

 

Documents Required For Trademark Registration

The trademark registration application from must be accompanied by the documents required for trademark registration.

For Individual/Startups
Identity proof of the individual (aadhar card, pan card)
Company incorporation document (COI, MOA, AOA)

For Company/Partnership/LLP
Shops & Establishment License
Company incorporation document (COI, MOA, AOA)
Address proof of the company (Utility Bills)

For Partnership firm
Partnership Deed

Trademark Application Form

Trademark registration is initiated by submitting the trademark application form to the concerned trademark officer. It is necessary to file the right trademark application form for the type of registration required. In case of the invalid form submission, the TM officer will raise objection.

List of TM application form

Trademark Form TM-1

Registration of trademark for goods or services included in any one class.

Trademark Form TM-2

Registration of trademark for goods or services included in any one class and with priority claim under Section 154.

Trademark Form TM-3

Registration of Collective mark for goods or services included in any one class.

Trademark Form TM-4

Registration of Certification mark for goods or services included in any one class.

Trademark Form TM-8

Register a series trademarks under for a specification of goods or services included in a class or classes.

Trademark Form TM-37

Register a series trademarks for a specification of goods or services included in a class or classes, with priority claim under Section 154.

Trademark Form TM-51

Registration of trademark for different classes of goods or services.

Trademark Form TM-52

Registration of trademark for different classes of goods or services and with priority claim under Section 154.

Trademark Form TM-64

Registration of collective mark for goods or services included in any one class with priority claim under Section 154.

Trademark Form TM-65

Registration of Certification mark for goods or services included in any one class with priority claim under Section 154.

Trademark Form TM-66

Application for registration of Collective mark for different classes of goods or services.

Trademark Form TM-67

Registration of Collective mark for different classes of goods or services with priority claim under Section 154.

Trademark Form TM-68

Registration of Certification mark for different classes of goods or services.

Trademark Form TM-69

Registration of Certification mark for different classes of goods or services with priority claim under Section 154.

 

Trademark Registration Status

Applicant can check the trademark registration status by visiting the url: http://ipindiaonline.gov.in/eregister/eregister.aspx

At time of trademark application filing, the officer issues an application allotment number which can be used for tracking trademark registration status.

 

Trademark Registration Cost & Fees

Trademark registration cost and fee depends on the type of form to be submitted. Below is the list of fee trademark registration cost and fee.

Form TM A (new application) costs 5000 INR

Form TM O (file notice of opposition) costs 3000 INR

Form TM R (renewal application) costs 10000 INR

 

Trademark Registration Duration And Renewal

A trademark certificate is valid for 10 years from date of application. After the expiry, the trademark renewal form TM-R is submitted along with the processing fee by the applicant. Thus the trademark is again restored for next 10 years.