What is the trademark registration process?

The Trademark registration procedure is divided into three steps:

Step 1: Trademark Search

As the trademark bears the brand’s unique identity, it has to be visually distinct. If a trademark has any similarity by mistake with another registered logo, then the trademark application shall not be approved.

Along with the design, it is necessary to figure out the class under which your trademark falls.

By conducting a trademark search, it is checked on the trademark database if the designed trademark is unique.

It can be edited to modify a unique design for any similarity.

Step 2: Trademark Filing Application

When the trademark design is prepared, the application procedure is initiated. After drafting the trademark application, the following details are required:

● The logo in JPG or JPEG format
● The applicant and the brand details- name, address of applicant and the registered office of the company, nationality of the company
● Services and products offered by the company
● If a trademark expert is hired, a power of attorney authorizes the trademark professional.
● If the design is already being used, then the date when it was first used.
After the application is filed, the trademark officers shall scrutinize the application and, if required, may interrogate the information provided by you. If there is an objection, the reply should be made within 30 days of objecting, and otherwise, it shall stand rejected.
If the application is rejected, they mention the reason for such rejection, and you can file an appeal against the refusal.

Step 3: Verification

Crossing the first two steps, the trademark application if not objected, till getting the formal registration certificate, the mark ™ can be used on the products, which says that your trademark is under the registration procedure. It implies that there is no objection from the authorities.

After receiving the registration certificate, you can start using ®, which signifies that the trademark is registered.

Which is not a requirement for the registration of a trademark?

The absolute grounds for refusal of registration are listed in Section 9 of the Trademark Act. Any trademark that falls under the criteria outlined in this section is ineligible for registration. The following are the sole reasons for rejecting registration:

● Trademarks that lack any unique characteristics. Trademarks with distinctive character are those that can’t be used to separate the products or services of one company from those of another.

● Trademarks that only comprise symbols or identifiers used in commerce to specify the nature, calibre, scope, costs, or place of origin of products or services.

● Trademarks that only use signs or signals that have become commonplace in the present lingo or accepted trade practices.

When the trademark registration in India can be renewed?

The trademark registration in India has to be renewed every 10 years of the registration and renewals after that.

What are the trademark registration fees?

The government charges Rs. 9000 per application, per class company, for the registration of trademarks. The government charges Rs. 4500 per application, per individual, for the registration of trademarks.