Trademark in India is governed by Trademarks Act, 1999. It is a special symbol for distinguishing the goods or services from one another. This helps the consumers to identify a particular product or service indicated by the unique trade mark. A Trade mark could be a word, symbol, design or phrase, or group of words, symbols, designs or phrases. Trademark Registration provides the protection to the owner by ensuring the exclusive right to use it.
I have given here the key concepts of Trademark registration which you must know before filing online application for trademark registration.
‘First to file’ Basis
Trademark law in India is based on ‘first to file’ system which require no evidence of the mark. So the owner should immediately file for trade mark to secure the rights. Application for registration can be filed on “proposed to be used” or “intent to be used” basis.
Time taken for Registration of Trademark
Normally it takes two to three years to get trademark registered in India.
Registered Office for Trademark
The Office of the Controller General of Patents, Designs and Trade Marks. It has branches in all Four metro cities including Ahmedabad. The application can be filed in one of the office under whose jurisdiction the trade belongs.
Steps for Trademark Registration
The following steps are involved in trademark registration.
The applicant needs to ensure that whether such trademark is already registered with registrar or not, otherwise the application will be rejected in view of similarity of proposed trademark with the existing one.
Who can apply Trademark Registration
Any person can apply for trademark registration who claims to be its owner.
A company can make application in its own name, whereas a partnership firm can make application in its partners names. Joint applicant can also make application for registration of trademark.
Offline application for Trademark
Application should be made in Form TM-1at the Office of the Controller General of Patents, Designs and Trade Marks based on jurisdiction of the trade owner. If the person has no trade business, then jurisdiction is decided by the address given by him.
Fees for Trademark Registration
The prescribed fee of Rs. 2500/- is to be submitted with the application form TM-1.
Review of application filed
The trademark office review the application and then allots application number to the applicant. This application number becomes the trademark registration number once the trademark is registered.
Rejection of application
If the trademark registration application is rejected, the office issues an examination report and applicant is given one month time to respond to that examination report. Base on the reply of the applicant, final decision is made by the registrar. If the application is rejected, the applicant can appeal to Intellectual Property Appellate Board.
Within three months of the publication of trade mark in trade mark journal, if the trade mark is not opposed by any third party, then the trade mark is finally registered and accordingly a registration certificate is given.
Requisite for Trade Mark
The legal requirements to register a trade mark are as follows:
- The mark should be capable of representing graphically (in paper form)
- The mark should be capable of distinguishing the goods or services of one undertaking from those of others.
Time period for registered Trade Mark and its renewal
The trade mark in India need be renewed after every 10 years. The application for renewal can be submitted before six months of expiry of 10 years.
Online Application procedure for Trade Mark Registration
- Trade Mark can be registered online on this website.
- The Frequent Question Answers relate to online registration are given in this link.
- The Trade Mark full presentation to help you is given in this link.
The online registration process is very easy, just follow the above given links.
Please comment for your queries on trademark registration process.