Trademark Registration Process: A detailed Guide for you

Trademark registration process follows steps, like first step is trademark search and selection. This refers to your brand’s legal existence. Do you know how the trademark registration process helps you? It gives you ownership of your brand. Today, the marketplace is very, very competitive. Hence, your brand is like your most valuable asset. If you are running a startup, an online business or a company, a trademark registration process is essential for you. Many business owners delay the trademark registration process. An absence of knowledge is a reason behind this. It is not complicated. The trademark registration process is not optional if you want statutory protection.

However, not registering your trademark can be a serious risk for your brand. Sounds beneficial, right? Then sit tight.

This blog is your one-stop tutorial about the trademark registration process. We will break it down for you step by step.

Let’s read together.

What does Trademark registration mean?

Before knowing about the trademark registration process, you need to know what trademark registration is.

In simple words, a trademark registration is:

• A certificate or an official document by the Trademark registry office
• You get this once you have completed the Trademark registration process
• This takes place under the Trademarks Act 1999

Are you still confused? Let me simplify it for you:

I would tell you to look at the name first. Trade refers to businesses. Registration means giving it a legal identity.

I know what you are probably thinking. What can be used as trademarks right?

A trademark must be capable of graphical representation and distinguishing goods/services. Apart from that Generic terms, descriptive words without acquired distinctiveness, and prohibited marks cannot be registered.

You can use:

1. Words
2. Logos
3. Colour
4. Symbol
5. Fragrance
6. Designs

Or even

1. Lines
2. Letters

As a trademark.

A trademark registration is a legal confirmation. It gives you an exclusive right to use it for your goods and services.

Why do you need Trademark registration?

Planning to opt for the trademark registration process?

A trademark registration helps you in many ways.

Here is why it matters:

(i) Exclusive usage rights

• A trademark registration gives you the exclusive rights
• As a trademark owner, you have the right to apply this to all the goods and services
• You need to remember that this is applicable to all the products under the same category
• Do you know that your trademark can not be used by any third party? Yes, you are reading it right.
• If any third-party individual uses your trademark, you can seek help from legal counsel.

(ii) Building your goodwill

As a business owner, having a good will is important for you. A trademark registration helps to build your brand image.

Want to know how? Here it is:

•  Legal protection for your brand. This means customers have more trust in you
• Secondly, this helps to make your brand popular
• Thirdly, an increased business value. This brings more revenue to your business.
• Moreover, you can easily commercialise your products
• A trademark will be the brand identity that sparks for itself

(iii) Creating Assets

• Your brand is more than a career option for you
• Hence, the protection of brand identity is important for you
• A trademark registration helps to protect your intellectual property

(iv) Products differentiation

• A trademark registration helps to create a differentiation
• It helps your customers to identify your brand from others

What is trademark registration process?

Trademark Registration process refers to a method. It helps you to get a trademark registration certificate.

Here is the process simplified for you:

1. Firstly, you need to choose a trademark for your business
2. It needs to be unique and distinctive
3. You need to keep in mind one fact. There are 45 classifications for goods and services
4. In these, 1 to 34 are for goods, and 35 to 45 are for services

Are you a business of beauty and cosmetics? Class 3 is the category for your trademark registration.

• After this, you have to conduct a trademark search

(i) Trademark search is the next step in the trademark registration process

(ii) You have to go to the website of IP India. This is the Controller General of Patents, Designs and Trademarks

(iii) This public search helps you to know if your chosen trademark is already registered or not

(iv) Here, you need to remember one thing. As a business owner, you cannot use a similar symbol in your category.

For instance, as a jewellery brand (class 14), you are using a symbol of a face. Another brand cannot use it. However, a beauty brand (Class 3) can definitely use it.

Please remember one thing:

Even in different classes, the reputed trademarks can oppose (if there is confusion).

• Filing for the application

1. When your search is complete, you need to file for trademark registration
2. An advocate or a trademark agent can help you filing trademark
3. You can also file for it
4. For individuals, MSME certificate holders, the fee is 4500. This applies to e-filing
5. The rest needs to pay a fee of 9000/-.

• Evaluation in the trademark office

(i) Once you submit the form, the trademark registration office checks it

(ii) This helps to ensure that your application is aligned with legal compliances

(iii) If there are no issues, your application will go further

(iv) In case they raise any issues, you need to address this within 30 days (after receiving)

• Publication of a trademark

• It is the last stage of the trademark registration process
• If your application is approved, they publish the trademark in the Trademark Journal.
• After this, it is open for the next four months
• You need to remember that if anyone raises an opposition, you have to respond within 2 months (after receiving)
• However, after 4 months, no opposition can be raised against your trademark.

What are the documents required for the Trademark registration process

Are you planning to opt for the trademark registration process? These are listed below for you:

(i) A copy of your trademark (or logo)

(ii) TM-A form. Form 48 (If it applies to you)

(iii) Identity proof (in case you are the sole owner of your business)

(iv) GST Certificate (if applicable)

(v) Address proof

(vi) LLP Deed (if applicable)

(Vii) User affidavit (if applicable)

(viii) Partnership deed (if applicable)

(ix) MSME certificate (if applicable to you)

(x) Company incorporation certificate (if applicable)

What are the fees for the Trademark registration process?

For the trademark registration process, the fee you have to pay:

Final thoughts

So, to complete our discussion, the trademark registration process is the first step in getting trademark registration.

This helps to build goodwill for your business. A trademark registration also helps in protecting your intellectual property.

So, what are you waiting for?

Go for trademark registration today and protect your business. If you need any assistance connect with Online Legal India.

FAQs

1. Is my trademark registration valid for a lifetime?

Unfortunately, your trademark registration is not valid for a lifetime. It is valid for the next 10 years after registration. After this, you have to renew.

2. Is getting a trademark mandatory for my business?

No, a trademark is not mandatory for your business. But having a trademark registration helps in protecting your brand identity.

3. Is a trademark registration process costly?

A trademark registration process for individuals/startups/MSMEs is relatively affordable, especially compared to litigation costs later.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.