TRADEMARK REGISTRATION PROCESS AND FEE

INTRODUCTION

You must first register your trademark if you wish to acquire rights over it. In India, registering a trademark is a crucial first step for any company or individual looking to build and safeguard their brand. One registers their brand under the trademark legislation of 1999, which is overseen by the Office of the Controller General of Patents, Designs, and Trademarks, to safeguard their brand identification. Following registration, the owner of the trademark is granted exclusive rights to the class of goods and services it represents.

The steps involved in registering a trademark in India, including how to do so, the trademark registration process, the trademark registration timeline, and the trademark filing fees, will all be covered in this article.

TMWALA ensures compliance with each step, which makes from trademark registration journey smooth.

TRADEMARK

One form of intellectual property that distinguishes one brand’s goods and services from those of other brands is a trademark. A trademark might be a single word, phrase, symbol, emblem, or a combination of these. Since the owner of a trademark has the sole right to use it, they may complain if someone else tries to use it for their products or services. A trademark identifies the owner of a particular good or service.

Trademark as defined under section 2(1)(zb) is “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours;”

HOW TO REGISTER A TRADEMARK IN INDIA?

The first step is to determine whether the mark you are attempting to acquire for your company is available. To accomplish this, you should conduct a trademark search, which varies depending on your jurisdiction. You may also look for the mark’s availability abroad. You can then continue with the registration process if the mark is available.

Either in person at the trademark registry office or online at IP India’s official website, the trademark application must be filed in FORM TM-A. Depending on the nature of the business, the application may be submitted for a single class or multiple classes.

TRADEMARK REGISTRATION PROCESS

Trademark Registration Process in India includes the following steps

1. Trademark Search Report: To make sure the mark is distinctive and unique, one must conduct a trademark search before applying. Because it helps to prevent future legal conflicts, this step is crucial. It saves time, money, and effort. One can do the trademark search on the IP India website: https://ipindiaservices.gov.in
2. Filing of Trademark Application: The trademark application is filed on the official IP India website, together with the necessary paperwork. The applicant can begin utilizing the ™ symbol with the brand name or logo after applying. You have the option of filing offline or online.
3. Vienna Codification: The Registrar of Trademarks uses the Vienna Classification to assign a trademark to a different classification if it contains any figurative marks.
4. Formalities Chk Pass: At this point, a formality check is performed on the application and the supporting documentation. A Formality Check Report is generated in the event that any procedural flaws are discovered. Within a month, the applicant has to make the necessary corrections.
5. Trademark Examination: The application is examined by a trademark officer to see whether it is in compliance or if it matches any previously registered marks. If it does, the officer provides a trademark examination report that includes the objections discovered during the examination. Aspects including distinctiveness, descriptiveness, and similarity to previous trademarks are evaluated throughout the assessment. The officer will object and identify competing trademarks in the same class if the mark violates Sections 9 or 11 of the Trade Marks Act, 1999.
6. Reply to Examination Report: After obtaining the Examination Report, the applicant or their representative has one month to address any objections. The application may be abandoned if no response is received. The application moves forward to approval if the register is satisfied with the response and all legal requirements are met.
7. Show Cause Hearing: A hearing is set if the response is not sufficient. The application may be accepted conditionally or rejected by the examiner. The candidate has one month to meet the requirements if they are accepted conditionally. Publication of the trademark occurs only after compliance. The applicant is entitled to appeal if their request is denied.
8. Journal Publication: Following acceptance, the trademark is published for four months in the Trademark Journal. Third parties may object to the application during this period.
9. Withdrawal of Acceptance: After providing the applicant a chance to be heard, the Registrar may decide not to accept a trademark application under Section 19 of the Trade Marks Act, 1999. Usually, this takes place prior to the registration being finalized.
10. Opposition: Anybody may contest the trademark within four months after its publication, per Section 21 of the Trade Marks Act, 1999. Typical reasons for protest include:
    • Similarity or identity with an earlier or existing registered trademark.
    • Lack of distinctive character.
    • Descriptive nature of the mark.
    • Application made in bad faith.
    • Use of customary terms in current language or trade practices.
    • Likelihood of public deception or confusion.
    • Conflict with existing laws.
    • Prohibition under the Emblems and Names (Prevention of Improper Use) Act, 1950.
    • Content is likely to offend the religious sentiments of any class or section of people.
11. Counterstatement and Evidence Stages: The applicant is required to submit a counterstatement after being served with a notice of objection. This is succeeded by:
    • Evidence in support of opposition under Rule 45(1).
    • Evidence in support of application under Rule 46(1).
    • Further evidence in reply by the opponent under Rule 47.
    • Additional evidence under Rule 48 of the Trade Marks Rules, 2017.
12. Hearing with Third Party (if applicable): Following the filing of all supporting documentation, the Trademark Registry Officer holds a hearing to determine whether or not the opposition can be maintained.
13. Trademark Registration: A Trademark Registration Certificate is granted if there is no resistance or if all oppositions are settled in the applicant’s favor. After that, the applicant may combine their trademark with the ® symbol.
14. Renewal :The ten-year validity of a registered trademark can be extended as many times as the registered proprietor desires. Non-use for more than five years, failure to renew, mark modifications, addition of goods or services, inconsistencies with Sections 9 and 11 of the Trade Marks Act, 1999, omissions, fraudulent registration, or market confusion are all grounds for rectification.

TRADEMARK REGISTRATION TIMELINE

The Trademark registration timeline starts with a trademark search:

• Trademark Search: 1–2 Days
• Filing of Trademark Application: 1–3 Days
• Vienna Codification: 3–5 Days
• Formalities Check: 7–15 Days
• Trademark Examination: 1–3 Months
• Reply to Examination Report: Within 1 Month
• Show Cause Hearing(if required): 1–2 Months
• Journal Publication: 4 Months
• Withdrawal of Acceptance(if applicable): Before registration
• Opposition: Within 4 Months
• Counterstatement and Evidence Stages: 6–9 Months
• Hearing with Third Party(if applicable): 1–2 Months after the evidence stage
• Trademark Registration: 1–2 Months after opposition resolution
• Renewal: Every 10 Years

Overall Timeline

• Without Opposition: 12–18 months
• With Opposition: 24–30 months

TRADEMARK FILING FEES

The trademark filing fees in India can differ based on the applicant type and the filing method. For individuals, startups, and small businesses, the fee is rupee 4,500 per class for online filing,i.e., E-filing, and rupee 5,000 per class for physical filing. For other entities, such as companies, LLPs, and partnership firms, the fee is ₹9,000 per class for online filing and ₹10,000 per class for physical filing.

You can get the best trademark filing deal with TMWALA.

CONCLUSION

In India, trademark registration is essential for having exclusive rights over your applied trademark. The Trademark registration process in India includes several steps from conducting a trademark search to trademark renewal.

The Trademark registration timeline typically takes 12 to 18 months to complete without opposition, and with opposition, it may take up to 30 months.

The trademark filing fee depends on the applicant type and the filing method. For online filing, it can be 4,500 rupees or 9,000 rupees, and for offline filing, it can be 5,000 rupees or 10,000 rupees. Differ based on business type, whether a single firm or LLP, or a Partnership firm.

TMWALA can make this complicated journey easy for you by dealing with all the compliance checks and offering you the best advice at each stage.