A trademark must be registered in order to be safeguarded against unauthorized use and infringement. The Indian government has simplified the process of registering a trademark easier. Now, in a few months, entrepreneurs may simply register their trademarks for their brands. The documentation needed to register a trademark in India.
Both sole proprietorships and individuals
It is very simple for anyone, whether they are an Indian national or not, to register a registered trademark in India. You don’t need to create a company or legal body in order to register a trademark. Moreover, the following paperwork is needed to obtain a trademark under a proprietorship’s name; it is the same paperwork needed for an individual:
- A black and white copy of your logo for registration is preferred (Optional). If the registration of logo is not supplied, a trademark application for the term may be submitted.
- Form-48 was signed. An applicant may authorize a trademark attorney to file a trademark application on their behalf by completing Form-48.
- Identity verification for the proprietor or individual.
- Provide the owner’s or individual’s address proof.
E-registrations for trademarks: what are they?
You can register your trademark at the General Controller of Patents, Designs, and Trademarks in India by electronically submitting an application using trademark e-registration through trademark attorney. The process is streamlined by this online approach, which does away with the requirement to fill out forms on paper and mail them in. You can file the application on your own or through an agent, and in order to e-register, you’ll need a digital signature. You can find information and instructions on the Office of Trademarks website to help you with the procedure.
Gains from Electronic Trademark Registration
A quick and easy approach to ensure your brand has legal protection is through e-registration. The following are some advantages of electronically registering your trademark with the help of trademark attorney.
- Convenience & Time Saving: The requirement for in-person visits to governmental offices is removed with e-registration. You may save a lot of time and effort by submitting your application digitally from the comfort on your computer.
- Simplified Procedure: It is simpler to accurately complete the application when you follow the online system’s instructions for registering.
- Economical: When it comes to potential costs related to older methods—like courier services or help with physical submissions—e-registration usually entails low prices.
- Tracking in Real Time: No phone calls or questions are necessary once your application has been filed because you can easily check its status online.
- Clear Fees: Paying online ensures you only pay the required amount by providing transparent information about government fees.
- Secure Payment Processing: Secured online payment systems are frequently integrated with e-registration, providing a convenient and safe means of paying the logo registration costs.
5 Easy Steps for India’s Trademark E-Registration
In the cutthroat Indian market, protecting your brand is crucial. By registering your trademark online, you can avoid infringement and receive legal protection. Here is a simple 5-step guide to electronically registering a trademark:
Step 1: Select a Trademark and Determine the Classification
- Select a Powerful Trademark: Select a catchy and distinctive name, logo for registration, or tagline that accurately sums up your company. To guarantee its efficacy, think about consulting a specialist.
- Determine the Class: India divides trademarks into 45 groups according to certain products and services. Choose the class or classes that most closely correspond with your offerings. This outlines the extent to which your trademark is protected.
Step 2: Look Up Trademarks Online
- Verify the trademark’s availability before submitting an application to make sure it hasn’t already been registered. Finding a distinctive and memorable trademark might be aided by doing a trademark search. For a comprehensive check, use the search engine on the authorized Indian trademark office website. Before moving further, you must make modifications to your trademark in order for it to be similar or identical.
- Begin by signing up: Your chances of successfully registering a trademark enhance if it is distinct and non controversial (i.e., devoid of offensive or protected symbols).
Step 3: Prepare the application and send it in.
- Collect the documents: Assemble all of the documents required for the application online. Verify the information twice before submitting.
- Fill out an Application for TM-A: Provide accurate information in the TM-A application. The following sections are included in this form:
- Details of the applicant (name, address).
- characteristics of the application (common trademark, group mark, etc.).
- Specifics of the brand (picture, description).
- Class to which the trademark is applicable for products and services.
- A declaration about the usage of trademarks.
- Details about priority claims (if appropriate).
- confirmation from the candidate.
- Send in and Pay Fees: Send the Trademark Registrar the completed application along with the necessary payment.
Step 4: Examining Trademarks:
- Examination by the Registrant: Your application will be reviewed by the Trademark Registrar to ensure compliance and completeness. It could take some time to complete this process.
- Answering Inquiries: If more information is required, the Trademark Registration will inquire. React quickly to prevent delays.
- Publishing (should Approved): When your trademark is approved for inspection, the Trademark Journal will publish it.
Step 5: Dissemination and Rebuttal:
- Public Examination: In the event that other parties have rights in dispute, publication permits them to oppose a trademark.
- Address any objections that may arise: Respond to any objections in the time allocated. Applications that are not contested move on to registration.
You will receive a Trademark Certificate of Registration if there are no objections or if they are addressed. This certificate serves as official documentation of your sole ownership within the specified class (es). Now that you have the legal right to sue an organization that uses your trademark for personal gain, you can use it with ease.
How can I look up the status of my trademark online?
The procedures listed below can be used to verify the status of your trademark online once you have electronically registered it:
Step1: Open the “Official a website regarding intellectual property in India” and select the homepage link labeled “Trademark status.” This will take you to a third-party website. Next, click OK to continue.
Step 2: Choose the “Trade Mark Application/Registered Mark” option from the list on the left side of the “Trademarks Registry” page. The options for an International Registration Number and a National/IRDI Number will appear once you select it.
Step 3: Fill up the relevant field with your trademark application number. Additionally, the Captcha Code must be precisely input. After entering the details, click “View.”
Step 4: Your trademark application status will be displayed on the website after you click the “View” button. It contains information like the class, date of registration, appropriate office, and trademark application number.
Does trademark registration in India open to applications from outsiders as well?
The trademark offices of the applicant may submit an international trademark registration application in accordance with the Madrid Protocol, which is the Agreement of Madrid Concerning International Registration of Trademarks dated 1891, which came into effect on December 1, 1995, and went into effect on April 1, 1996. Another name for this trademark office is the Office of Origin. After receiving the application, the State Office of Origin forwards it to WIPO.
How does the Madrid Protocol apply to trademark registration?
- The application: For a trademark to be eligible for submission under the Madrid Protocol, it must be registered, or at least applied for, with the Indian Trademarks Office. After this, the Indian Trademarks Office will attest that the information in the overseas application matches the information in the logo for registration or basic application. The international application is subsequently sent to the WIPO, with the filing date of the application needing to be noted.
- WIPO Analysis: Upon obtaining the application, the WIPO carries out a thorough assessment to confirm that it complies with all applicable legal criteria. Within three months following an observation of any abnormalities, the required adjustments must be made. If the issue is not resolved in the allotted time, the application is marked as “Abandoned.”
- Publication of WIPO: If all the procedures up to this point are completed accurately, the application is published within the WIPO Gazette for International Marks and registered in the International Register. The applicant will receive a certificate for international registration from the WIPO. Additionally, the WIPO will inform all other trademark office of the applicant’s decision to increase the mark’s protection.
- Inspection by the Designated Country’s Trademark Office: The application is further examined by the Trademark Office in the designated Country to ensure compliance with the relevant national legislation. The WIPO will be notified of the application’s approval or rejection within a span of 12 to 18 months, and will then notify the applicant of the Designated Country’s trademark office’s decision.
- Promotion and Enrollment: After then, the mark will be released to the Indian Trademarks Journal, where it will be available for opposition from third parties for a full four months. Once four months have passed and there has been no opposition, the Indian Trademark Registry will give trademark protection.