e register trademark

Trademark E-Registration Process for Brands in India

Online Legal India LogoBy Online Legal India Published On 06 Feb 2024 Category Trademark

Establishing a business is not at all easy in this present age of competition. However, your hard-earned reputation of business may be hampered if your brand trademark is not registered. Anybody can use your brand logo and down-trod your business with adulterated products or bad services. So, you should protect your brand through the trademark registration process. An E-register trademark helps you avoid all the hazards of offline applications. It is very easy today to go for trademark registration online and enjoy your brand protection legally.

What is logo trademarking?

In simple words, trademarking is special and unique signs that are used to identify the goods, products, and services of a certain company. They can be designs, pictures, symbols, signs, or many other things.

It is important because it protects your brand and its products or services from the competitive world. Trademarks are classified under intellectual property and therefore are protected from infringement. Trademark rights are protected under the Trademark Act, 1999.

A trademark helps consumers recognize your brand and evaluate it under the brand. You know the names of fashion brands, the brands of food, clothes, and whatnot. All you know is their names, as their trademark is registered. Nobody will be able to misinterpret one product with others for the brand logo and its registration.

You have to keep in mind that the trademark does not have any limited period of validation. It is for life. You must not mix it with patent protection, as it has a limited period of validation. According to the law, it expires in 20 years, but the trademark will expire in 10 years. Don’t be confused. You can renew the trademark after it has expired. Hence, the patent protection is subject to expiration, but the trademark is not.

How is the trademark processed and branded?

Here are some procedures to follow while e registering trademark.

Trademarking a brand name

If you trademark your company name, you are protecting your brand, the reputation of your company, your unique idea, and more. You know you have earned a reputation with your blood, sweat, and tears. So, you should not allow your toil to go in vain. You should go for brand name trademarking. As soon as you register for the brand name, all your toil behind the business will be protected. Nothing could be worse than keeping your brand unprotected. Otherwise, you may face an infringement lawsuit against any company at any time, or other companies may claim that you are stealing their logo. So, to have a unique business identity, you should claim trademark registration, and e-register a trademark is the best way to go for it.

The process of brand trademarking is easy online through the trademark registration portal of the Indian government. The trademark of a company may be any or a combination of the following:

  • Word
  • Letter     
  • Number     
  • Logo
  • Graphics     
  • Phrase     
  • Sound Mark     
  • Mix of colors

Trademark Registration

The trademark registry came into being in 1940, and afterward, the Trademark Registration Act came into being in 1999. When it came to function, the Trademark Registration Act came in the form of a law and implemented all the rules to protect the business and related products of the business person.

Who can apply for the trademark?

You have already learned that every business entity can use its special logo or symbol for its business at the time of starting it. So, you can use your existing logo as a business identity. If it is unique, you will get a Trademark Registration Certificate. Any individual (One-Person Company), a private limited company, or an LLP company can apply for the registration of the particular trademark they are using.

How to E Register a Trademark?

Previously, trademark registration is done in a specific office of a region, and the applicant has to file it offline. Today, everything has changed, and online technology has emerged everywhere. So, in the age of digitization, you will have online form submission facilities. Here are the steps to follow while applying for trademark registration for your company or business.

Choose a unique trademark

Try to choose a unique and distinctive symbol, sign, or mark that will represent your company or business for life. It must be attractive, too. The other important thing that you have to consider is the class of your business. Currently, there are 45 classes of goods and services under which you can register your business or company trademark.

Classes 1–34 are for goods, and classes 35–45 are for individual services.

Checking of Mark Duplication

Millions of small and large businesses are available in India. Your mark must not be similar to any other existing business that is already registered. The authority will search for you when you apply for e trademark registration. However, you can do it yourself by entering the online portals of Controller General of Patents, Designs, and Trademarks On the mentioned website, you can do a public search. As soon as you select the option, you have to choose the class and search for it in the online database. This will save time and the possibility of not getting rejected.

There are other options to determine whether the chosen mark is similar to any other existing business. You can contact some legal service-providing companies that will help you search for the logo or trademark duplication. Not only will they check the duplication of the mark, but they will also help you with the whole process completion. For E-register a Trademark in a hazardous way, you can contact Online Legal India for pan-India services.

Filing Application:

You can file one application for multiple business classes for a series trademark. You can call it a collective trademark. If you apply for a collective trademark, you have to fill out the form for TM-A. This form will allow you to e register the trademark beyond one class. The cost of filing the form is as follows (Govt. Fees):

Entry No

On what Payable

Amount in INR.

Corresponding Form Number

   

For Physical filing

For E-filing

 
 

Application for registration of a trademark /collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes.

   

TM-A

 

Where the applicant is an Individual / Startup/Small Enterprise

5,000

4,500

TM-A

 

In all other cases (Note: Fee is for each class and for each mark )

10,000

9,000

TM-A

 

On a notice of opposition under section 21(1), 64, 66 or 73 or application for rectification of register under section 47 to 57, 68, 77 or application under rule 99, 103, 135,140 or On application under section 25 of Geographical Indication of Goods (Regulations and Protection) Act, 1999 to invalidate a trademark or counter statement related thereto. (Note: Fee is for each class opposed or counterstatement filed)

3,000

2,700

TMO

         

While filing the form for an individual or series of business classes, you should not make any mistakes. If you do it, the application might be rejected. If corrections are required, it will also take extra time to process your request. The trademark of your business will be 9 cm X 5 cm. You have to attach the same trademark image five times in five sections. The entire form has to be submitted with two duplicate papers. It may take 15–20 days to get confirmation.

But when you do it online, you will get a confirmation immediately after submitting the form. Online Legal India will help you with E e-register trademark. So, you can contact us for hazard-free Trademark E Registration services.

Online trademark registration procedure

You have to create your business logo first. If you cannot, you can contact any professional logo designer to get a unique brand logo. The company name mentioned before also creates a logo for your unique business identification, you can contact them to get it.

Preparing a trademark application

For a trademark application, you have to make some documents ready so that you do not face any issues during the application. It is better to keep a scanned copy of all required documents beforehand.

You have to keep a PAN card, Aadhar card, business address, partnership documents, rent agreement, banking details, and many other documents. For specific business or company operations, you may have different documents.

Click here to learn about the required documents for specific business types. This will help you a lot while submitting online documents.

Examining the trademark e-registration status

Usually, the trademark online application confirms your submission instantly, whereas the offline submission requires 15-20 days to get confirmation. After confirmation, the authority checks the trademark and its duplication in an existing trademark business or the business applied previously for a trademark but still has not received any certificate. If it is proven unique, they allow the brand to use the trademark with®. Before getting your logo registered, you can use TM for business and SM for service-providing companies. After getting trademark registration, you will get the right to use®.

Brand publication in Indian Trade Mark Journals

After the process of primary examination, whether there is any logo for any brand, the Register of Trademarks publishes your brand logo and name in the Indian Trademark Journal with your brand name and complete address. You will also get the class type of the brand on the page.

This is the most important part of the brand logo with trademark registration. If any opposition does not claim the logo in the next 4 months of publication, you will get the logo registered for your company or business. The Register of Trademarks will process the application for brand logo trademark registration. In a few days, you will get the trademark Registration Certificate.

Trademark Opposition Cases:

If there are any opposition cases filed by any company or proprietor within 4 months of submission, the Register of Trademark will send you a copy of the opposition applicant. You have to reply by filing a counter-statement within 2 months of receiving the opposition notice. If you do not reply to the notice with the perfect counter statement, your application will be abandoned and rejected with immediate effect.

On the other hand, if no opposition statement is received in 40 months, the register of trademark will proceed with accepting the trademark application and will go for issuing of Trademark Registration Certificate.

Hearing on the trademark opposition

If opposition happens to your brand, the third party will submit a copy of their brand logo to the register of the trademark. With the consideration of similarity of dissimilarity, the logo will get a solution. If yours is approved, you will get it in use or else you have to remove it from your brand with a new one.

The trademark registration certificate issuance

The register will accept the application if no opposition is raised against your brand logo trademark registration. Yes! This will be the happiest moment for you because your application has been forwarded for final registration. You will get a Trademark Registration Certificate with the seal of the Trademark Registry. You will get ® with the brand logo.

How long will it take to get trademark registration?

To get trademark registration, it will take 18–24 months if no opposition is raised against you. Otherwise, the process of certification will be slower.

Validity of Trademark Registration

Once you get a Trademark Registration Certificate from the respective authority, you can use it for the life of your business. However, there is a term to use it for life. You have to renew the registration after 10 years to continue your brand logo. You can renew the trademark likewise for an indefinite period.

NB: Your trademark registration and logo protection is applicable within India only but not internationally. Hence, if your logo is similar to any international brand, the authority will not be a warrant for it.

This is the way you can receive a Trademark Registration Certificate. E-registering a trademark certificate is always the easiest and most affordable way to get a trademark registration certificate. If you want to avoid all these hazards and get an easy way to get a trademark registration certificate, you can contact Online Legal India, the most trusted company through which you can apply for trademark registration, and stay away from any complications during or after the application. We can also design a unique and attractive logo for your business. Contact us now to get exceptional and flawless e-trademark registration services.

 


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