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Getting one’s application registered by the Indian Trademark Registry is called the registration of their Trademark. One must register a trademark in order to receive trademark protection. Registering your trademark is crucial because it stops other people from using it fraudulently to impersonate you and other products. There is a defined procedure under Trademark Act, 1999 and Trademark Rules for registration of a mark.
Following the Indian Trademarks Act of 1999 (Section 2(zb)), a trademark is a distinctive marker that distinguishes products or services from competitors in the market. Your rights to use the mark in connection with your products or services are safeguarded by trademark registration. It provides a strong defense against infringement and gives you the ability to sue anyone using your trademark without authorization. Any Individual/ Sole Proprietor, Startup, Small Enterprise, or others, can file a TM-A form for applying for registering their mark. After going throw the process of examination of your application, the mark is registered if worthy and a certificate to use ® symbol in the trademark or logo is issued.
Step 1 – First step is to adopt a unique sign(s) that is supposed to be used to identify goods or services from a certain proprietor. They can be designs, pictures, signs or even expressions.
Step 2 – Before Appling for the trademark, trademark search shall be made to discover that the Mark that is being applied for being registered is not similar to any existing mark under the same class and is not likely to cause confusion in the minds of the targeted consumers. It is very important to identify the class of goods/services under which a certain trademark is being proposed to be registered.
Step 3 – Next step is to submit the Application Form online to the Trademark Registry in Appropriate jurisdiction along with the prescribed fees and the required documents.
Step 4 – The Application is then Examined by the Authorities and if found valid, without any error or omission, the mark is published by the registry in the Trademark Journal. This allows anyone who is opposed to the proposed trademark to come forward and present their case within 4 months.
Step 5 – Ones the Objections raised against the mark are countered and explained, the mark is registered as a Trademark and a registration certificate with the seal of the Trademark Office is issued. This certificate is valid for 10 years and must be renewed every 10 years in order to keep the trademark active.
After the class of the trademark is identified, the government fees for getting the trademark registered can be decided. The attorney fees, if appointed any for this purpose, may be in addition to government fees. The filing fee of Trademark differs depending on category of applicant. In case the application is filed an Individual / Sole Proprietor, Startup or a Small Enterprise, Filing Fee is for each class and for each mark will be Rs.4500.00 In all other Cases, the Filing Fee for each class and for each mark will be Rs.9000.00.
There is requirement of different sets of documents for registering a mark under different category. During the trademark application process, there is no requirement for submitting original documents. Scan copy of the original document would suffice the requirement.
Any individual – Indian National or Foreign National can easily register a trademark in India.
To be classified as a small enterprise, the applicant will have to provide Udyog Aadhar registration certificate. Further, in addition to the Udyog Aadhar registration, the following details would be required. In the case of a partnership firm or LLP, the entrepreneur would have to submit the following:
A registered trademark provides protection against all the legal rights in respect of that trademark to its owner. It helps differentiate product & builds trust and goodwill, gives you an exclusive right to take legal action against a party who attempts make unauthorized use of your trademark, provides protection against unfair competition, attracts human resources and enhances asset creation
No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration.
The TM symbol is used when an application for trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark. Once a trademark is registered, then the applicant can start using the ® symbol next to the trademark. The R symbol signifies that the trademark is registered and enjoys protection from infringement under the Trademark laws.
The government charges ₹4,500 per class per application for trademark registration to individuals, DPIIT registered start-ups, and registered MSME filing a single mark in a single class. The government fees for trademark registration are ₹9,000 per class per application for all other entities. The registration fee for a collective mark is ₹10,000 for each application, per class.
Once your trademark application has been filed, you can make changes or corrections to it. The modifications, though, ought to be relatively small and shouldn’t significantly change the mark’s identity or the scope of the covered goods and services. Filing a new application might be necessary for significant changes.