Trademark E-Filing process to Register Your Brand Online

A trademark application must be filed in order to start the brand registration procedure. The trademark registrar issues a registered filing dates and number upon submission of the application. The Registration of Trademarks Office then reviews the application to see whether any identical trademarks are currently pending brand registration or have already been registered a brand. The applicant is informed if the trade office notices a trademark that is exactly like the one that has already been filed and if there are any further objections that can be raised. Following this notification, the application may address the objection by responding in writing to the objection and presenting proof of the genuineness and uniqueness of his trademark, along with proof that it is unrelated to any already-existing trademark, to the registrar where the application is posted.

A letter of acceptance is sent out by the brand registration authority if, after taking into account the applicant's response and the evidence in the file, the trademark application is approved. The trademark certificate of registration is then granted if there are no objections for four months following the trademark journal publication.

Registration is a fairly drawn-out process that, in the event that there are no objections, takes between 18 and 24 months to complete. When filing a trademark application and receiving an application number, that date marks the beginning of the application's priority. Upon filing a trademark registration is good for ten years from the date of submission. Once completed, the brand registration can be renewed by paying the relevant renewal costs after ten years. The five easy actions that must be taken in order to register a trademark offline or online.

1. 1. Search for trademark clearance: A trademark clearance search is the name given to this stage. As the name implies, this process is a preliminary search to see whether a similar trademark or logo has already been submitted or registered for a comparable class of products or services. It is advised to take this action to prevent any possible opposition to the registration of a trademark. Go to https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx# to perform a trademark check, and enter the word or words (letters contained), phonetics, Vienna Code, and class of the goods/services. You can use the categories provided at https://ipindiaonline.gov.in/tmrpublicsearch/classfication_goods_service.htm to determine the class of goods or services you offer. The Vienna code is available at https://www.wipo.int/classifications/nivilo/vienna/index.htm for the classification of figurative elements.
   2. Filing: Initially, a trademark must be registered by filing an application with one of India's trademark offices.

      Required Documents: The following materials and data are needed in order to submit a trademark application.

      • Name of the owner, indicating if it will be used for a startup, a firm, or an individual.
      • Documents related to the registration for a start-up firm are also necessary for startups.
        • Companies must have a letter of authorization signed from the board and authorized individuals who will sign the necessary documents.
      • If the file is made through an attorney, a copy of the Power of Attorney is necessary.
      • In addition to all of this, a few essential details and the documentation to support them are needed. The fundamental information includes the class of commodities for which a trademark is being sought, the description of the goods and services the company trades, and the priority date for which the organization is claiming usage. Now, in this case, an affidavit stating the date and details must be submitted along with additional documents such as invoices, the letter heads, advertising banners, other advertisements materials, emails, etc. if the initial priority date is before to the filing date, i.e., if the company has claimed usage of the trademarks before the application date. In the event that a third party created the logo, they must provide a no objection certificate, or NOC, stating that the logo was created exclusively for the company's use;

      Fees: The official government price to file a trademark registration is INR 9,000 for enterprises (Partnership, PVT LTD, LLP, NGO. Trust .Society without MSME), and INR 4500 for individuals or proprietorship.

      • It is recommended that the business determine the category of services or products against which it has applied for trademarks prior to filing. Visit https://ipindiaonline.gov.in/tmrpublicsearch/classfication_goods_service.htm to view the classes of products and services.
   3. Publication and Examination: An examination report is sent by the trademark office within 30 days of the trademark application being submitted. This report either approves the application or raises a concern. Typically, trademark applications that are identical to one another or that are generic rather than distinctive are the grounds for objections, as specified by Sections 9 and 11 of the Act. Depending on the circumstances of each case, several grounds may be used to raise objections. The application may be abandoned if the response to this objection is not submitted within 30 days of the objection report's receipt. The application may be abandoned if the response to this objection is not submitted within 30 days of the objection report's receipt. The trademark Mark Office then determines whether the application can move forward or if more clarifications are required after a response is filed. The Trademarks Registry may call a hearing if more explanations are needed so that applicant can address objections in person. The Examiner will then accept the mark and issue an order for its publication in the Trademarks Journal if he is pleased with the arguments presented.
   4. Opposition: The application will then be published in the Trademarks Journal, where anybody can object or file a notice of opposition. This is the last and final step. The time limit for filing this opposition is 120 days. The mark moves on to registration if no objections are lodged against the application. The applicant must file a response to any opposition within 120 days of the opposition being lodged. The trademark registrar has the authority to determine whether or not to move forward with the application upon submission by both parties. The trademark will terminate if the opposing plea is approved; if it is accepted, the mark will proceed for brand registration.
   5. Enrollment: A certification of brand registration is granted and a Trademark is registered when an application has been reviewed and found to be unopposed after 120 days of publication within the trademarks journal. A trademark must be renewed prior to its expiration date in order to stay valid for the full ten years following the date of application.

Complete Forms needed to file a trademark application

With the passage of the Trademarks Rules 2017, the total amount of forms needed to register a trademark has been lowered from 74 to eight in an effort to streamline the process for consumers. Visit http://www.ipindia.nic.in/form-and-fees-tm.htm to access all forms. The forms are listed as follows:

• TM A: A trademark registration application for any goods or services.
• TM M: Requests for any modifications to an application, decision-making criteria, rapid review, request to include a mark as well-known, request for authorization of an agent, etc.
• TM R stands for trademark renewal and restoration.
• TM O: Everything concerning opposition.
• TM P: Dissolution of Association Applications; Assignment; Modification of Goods/Services Description; All Post-Registration Matters, etc.
• TM U: Application for Users Who Have Registered a brand, etc.

Comprehensive Procedures for e-filing Trademark Applications

1. Visit https://ipindiaonline.gov.in/user/frmNewRegistration.aspx for trademark filing information. Then complete the registration form for new users. A user may log in with their existing credentials if they have already registered a brand.
2. Obtain a Class-III or Class-II digitally signed certificate before moving further.
3. There are three possibilities under "Type of Applicant": "Proprietor," "Attorney," and "Agent." Choose the appropriate one.
4. Next, enter the proprietor's name and click "submit" to have the data checked for earlier codes.
5. Name, address, and code will appear if the user is already registered a brand.
6. If not, manually enter the information on the relevant page of the proprietors registration form. Choose the right proprietorship company from the options available, such as start-up, private limited company, proprietorship firm, and single. Put the owner's email address, phone number, address, and name here. Click "Submit."
7. The proprietor code which appears on your screen should be noted down.
8. The email address that was previously provided will receive the login credentials.
9. To proceed to the next stage and file the details, log in using your credentials.
10. The link IAOI (Internationally Applications Originating from India) can be used to submit applications for international registration, and the link New Applications can be used to submit domestic applications.
11. For domestic registrations, pick File TM-A, enter the class in the textbox, then click the New Application tab after logging in.
12. Following that, a provisional application number is generated, which must be utilized until the money is received.
13. Next, select Draft Applications from the menu on the left, and then click to open the TM-A form at http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/FORM-TM-A.pdf.
14. Complete all fields and attach your digital signature.
15. After then, use the payment choice.
16. An email confirming the submission of the application will be sent after the payment is completed.
17. By login into your account and clicking the TM-O button, you can raise objections against opposition. TM-O form: http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/FORM-TM-O.pdf is the link to the form.
18. A TM Application may be renewed either six months prior to the application's expiration date or six months following that date. Go to the "Form Filing Tab" and choose the TM-R form, which is accessible at http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/FORM-TM-R.pdf, to submit a request for renewal. In order to submit a renewal request, you must specify the application number while creating the TM-R form.