How to Download Trademark Registration Form?

A trademark is a unique name, logo, symbol, or sign that helps people recognize a business’s products or services and set them apart from others in the competitive market. Registering a trademark in India provides legal protection against unauthorized use, gives exclusive rights to the owner, and helps in building brand recognition and trust among customers. But before you do that, you need to download the trademark registration form. In this article, you will learn how to download trademark registration form with tips on filling out the form correctly and the benefits of obtaining your brand legally.

What is a Trademark?

A trademark is a unique word, symbol, sign, design, or phrase that distinguishes your goods or services from those of others. It serves as a badge of originality, which helps consumers identify and trust your brand. Let us discuss the types of trademarks in India:

Types of Trademarks in India

Trademarks can take various forms, and each serves as a distinctive identifier for goods or services. Some of the trademarks are as follows:

• Word Marks: These consist of words, letters, or numbers without any design elements.
• Device Marks: These include logos, labels, or any graphical representation, with or without word elements.
• Sound Marks: Distinctive sounds used to identify the commercial source of products or services.
• Three-Dimensional Marks: The shape of goods or their packaging that is distinctive and not purely functional.
• Color Marks: Specific colors or combinations of colors used to represent goods or services.
• Shape Marks: The shape of goods or their packaging that is distinctive and not purely functional.

Who Can Register a Trademark?

The following entities are eligible to apply for a trademark registration:

• Individuals who are operating a business or are sole proprietors.
• Companies such as private limited, public limited, or limited liability companies.
• Registered partnership firms under the Indian Partnership Act.
• Limited Liability Partnerships (LLPs) that are registered under the LLP Act.
• Non-Governmental Organizations (NGOs), which are non-profit organizations.
• Registered trusts are eligible to apply for trademark registration.
• Government organizations such as state or central government departments and agencies.

Where to Get the Trademark Registration Form?

You can get trademark registration form from the Office of the Controller General of Patents, Designs & Trade Marks. You can also download it from the IP India portal.

How to Download Trademark Registration Form?

The following details include the steps to download the trademark registration form:

Step 1: Visit the IP India website from the browser and select the ‘Trademarks’ section.

Step 2: After you are directed to the trademark page, click on the ‘Search’ option and enter ‘form and fees’.

Step 3: A new page will open, and you will get two options; select the ‘Form and Fees’ section.

Step 4: You will see several trademark forms on that page, select the entry no. 1 with the corresponding form number that is TM-A.

Step 5: A PDF of the form will open on a new page, and you can then download the form.

Step 6: Print it out and fill it out for submission at the trademark office.

Why Do You Need to Download the Trademark Registration Form?

Downloading the trademark registration form (Form TM-A) is an important step when you want to file it offline. This form is required to apply for registration of a trademark with the Controller General of Patents, Designs and Trademarks, under the Ministry of Commerce and Industry.

Key Trademark Forms

Here are some essential forms you might need:

• Form TM-A: Application for registration of a new trademark, collective mark, or certification mark.
• Form TM-O: It refers to a trademark application that has been objected to by the trademark registry due to legal or procedural issues during examination.
• Form TM-R: It is used for the renewal or restoration of a registered trademark. It is the form used when the trademark owner wants to extend the protection of the registered trademark for another 10 years.
• Form TM-M: Used for various miscellaneous requests, such as modifications, corrections, or changes to existing trademark applications or registrations.

Each form includes specific instructions and fee details. Ensure you read the guidelines carefully before submission.

Applying for Trademark Registration in India

Securing a trademark is an important step for businesses that aim to protect their brand identity and establish a unique presence in the market. Here is how to apply for trademark registration in India offline after you have downloaded the trademark registration form:

Step 1: Conduct a Trademark Search

Before you apply for a trademark, it is mandatory to perform a trademark search to make sure that your desired mark isn’t already used. This can be done through the IP India Public Search portal. A thorough search will help in avoiding potential legal conflicts and ensure the uniqueness of your brand.

Step 2: Determine the Appropriate Trademark Class

Trademarks are categorized into 45 different classes, and each represents specific goods or services. Identifying the correct class is important as it defines the protection scope for your trademark. The list of classes can be found on the IP India website.

Step 3: Prepare the Application

Once you have confirmed the availability of your trademark and identified the appropriate class, you can then proceed to fill up the downloaded Form TM-A. This form requires filling in the following details:

• The trademark or logo you wish to register
• Applicant's details such as name, address, type of applicant (individual/start up/company)
• Power of Attorney (Form TM-48) [mandatory when someone files for the applicant]
• Goods or services description
• Proof of trademark use (if already in use)

Along with the form, you need to attach documents such as:

• Identity proof like PAN, Aadhaar
• Address proof like a passport, utility bill
• Business registration proof, if applicable
• Trademark details

Step 4: Application Submission:

Visit your nearby trademark registration office. Submit the application and pay the amount of Rs. 5000 for the registration form if you are an individual, a start-up, or a small enterprise. For other applicants, the fee is Rs. 10,000 per class per mark. If you are filing online, the fee is Rs. 4500 and Rs. 9000 respectively. After the offline submission, you will get an acknowledgment with a reference number within 15 to 20 days, which helps you track your application status.

Step 5: Application Examination

The head office of the trademarks registry is in Mumbai, and the branch offices are at Ahmedabad, Chennai, Delhi, and Kolkata. After you have submitted the form to the respective trademark registration office, the registrar examines the application to ensure compliance with the Trademarks Act, 1999. After the examination report, if there any discrepancies are found and objections have been raised, the status of the trademark is updated accordingly. Applicants must respond to these objections within the given time frame, which provides necessary modifications and clarifications.

Step 6: Publication in the Trademark Journal

If your application clears the examination stage, the trademark gets published in the trademark journal to invite any objections before it is officially registered. This allows the public to raise objections, if there is any, within 4 months from the date of application. If no oppositions are filed or if they are resolved in favour of the applicant, the application moves forward.

Step 7: Trademark Opposition (if applicable)

If someone opposes your trademark within the 4 months of its publication in the trademark journal, the registrar will send you a copy of the objection. You must respond to it with a counterstatement within 2 months of receiving it. If you fail to reply within this time, your trademark application will be treated as abandoned and will be rejected.

Step 8: Hearing on Trademark Opposition (if applicable)

Both the applicant and the opposing party must submit evidence to support your side. The registrar will offer a chance for both the applicant and the opposition party to present their case in a hearing. After reviewing all the evidence and hearing both parties, the registrar will decide whether to accept or reject the application. If it is accepted, your trademark application will move forward to registration.

Step 9: Registration and Certificate Issuance

After successfully completing the above-mentioned steps, the trademark is registered, and a registration certificate is issued, which can be collected from the registration office and also be downloaded from the IP portal. Upon registration, the trademark is valid for 10 years from the date of application and can be renewed every 10 years.

Importance of Trademark Registration

In today’s competitive environment, securing your brand’s identity is important. Registering a trademark offers several benefits that protect your brand and also enhance its value and market position. The following details include the importance of trademark registration:

• Exclusive Rights

A registered trademark gives the owner full rights to use that name or logo for their specific products or services, keeping others from copying it. This exclusivity prevents others from using identical or similar marks, which protects your brand’s uniqueness and reputation. 

• Legal Protection

Trademark registration provides legal backing to enforce your rights against unauthorized use. It allows the owner to initiate legal proceedings against infringement, which ensures that the brand’s identity remains intact.

• Establishing Brand Identity

A distinctive trademark helps in creating a strong brand identity, which makes it easier for consumers to recognize and associate with your products or services. This recognition is important for building a loyal customer base and standing out in the market.

• Consumer Trust

Consumers usually see registered trademarks as a sign of trust and good quality, which makes them feel more confident about the service or product. Having a registered trademark enhances consumer confidence as it signifies a commitment to maintaining consistent standards.

• Enhancing Business Value

A registered trademark is a valuable invisible asset that builds your brand, adds business worth, and helps you stand out in the market. It can be franchised or licensed, which provides additional revenue streams. A registered trademark increases the overall worth of your business, which makes it more attractive to partners and investors.

• Strengthening Market Position

Trademark registration helps in differentiating your products and services from market competitors. It reinforces your market position by preventing others from using similar marks, which reduces the risk of brand rejection.

• Facilitating Global Expansion

A registered trademark can serve as a foundation for international trademark registration through mechanisms like the Madrid Protocol. This facilitates the protection of your brand in multiple countries, which supports global business expansion.

Trademark Application Status

Once you have successfully submitted your trademark application and received a confirmation, the Trademark Registry will issue you an allotment number. This number is unique to your application and is essential for tracking its status online through the IP India portal.

After you have submitted your application, it goes through several stages of examination, which can take 18 to 24 months, if there are no objections or oppositions. If any issue arises, such as similarity with an existing mark or errors in the application, the process may take longer.

Downloading the trademark registration form is the first step to protecting your brand. It is quick, easy, and freely available online. This form helps you officially apply for rights over your name, logo, or tagline. By downloading and filling it out, you take control of your brand’s identity and future. In this article, you have learned how to download trademark registration form. To get assistance in filing a trademark application, you can contact Online Legal India.