Brand building is incomplete without securing a trademark. A trademark provides an entity exclusive legal rights to use a symbol, design, or phrase to identify and distinguish its goods or services. Our blog post will provide a step-by-step guide on how you can complete the online trademark registration process in India.
The first step on how to apply for a trademark is to conduct a thorough trademark search. This preliminary investigation is essential to ascertain whether any identical or similar trademarks already exist in the marketplace. To conduct an effective online trademark search, you can visit trademarkindia.gov.in. The government’s website provides a searchable database of registered trademarks.
The next step in the procedure for registration of a trademark is to fill out the trademark application online. Once you are confident in the uniqueness of your mark, you can proceed with filing the trademark application online. The official platform for online trademark filing in India is the website of the Controller General of Patents, Designs and Trademarks (CGPDTM) (trademarkindia.gov.in). The online application process involves creating an account, selecting the appropriate form (Form TM-A for new applications), and providing detailed information about your trademark and business. Key information required in the brand registration process includes:
Immediately after successfully filing your trademark application online, you will receive a system-generated application allotment number. You can use this number to monitor the status of your application online via the CGPDTM website's tracking facility. It's also common practice to begin using the TM symbol (™) next to your trademark once you have this application number, signaling that you have applied for registration.
Following the application filing, your trademark application undergoes a process called Vienna Codification. This international classification system, established by the Vienna Agreement, categorizes the figurative elements of your mark (logos, designs, etc.).
Once the Vienna Codification is complete, your application is assigned to a Trademark Officer at the Trademark Registry. This officer is responsible for examining your application for compliance with regulations and assessing its registration.
If the Trademark Officer raises objections, you can respond and present your case by submitting written arguments and evidence.
Once the Trademark Officer accepts your trademark application, the next step in the trademark registration online process is its publication in the Trademark Journal. This official journal, published weekly by the Trademark Registry, serves as a public notice of your application. The purpose of publication is for third parties, who believe they might be negatively impacted by your trademark registration, to formally oppose it.
The opposition period typically lasts for 90 days from the date of publication in the Trademark Journal. Common grounds for opposition include:
If no opposition is filed within 90 days, or if the opposition is unsuccessful, your trademark application will be registered. The Trademark Registry will then prepare the trademark registration certificate, which serves as official proof of your trademark ownership and your exclusive rights to use it in connection with the specified goods or services.
Once the registration certificate is issued, your trademark is officially registered, and you can now use the ® symbol (the registered trademark symbol) next to your mark. The registration of your trademark grants you exclusive rights to use the mark for ten years, which can be renewed indefinitely.
The online trademark registration process in India, while involving several stages, has become more streamlined and accessible. The trademark registration process is a vital investment in your brand's future, safeguarding it from infringement and building brand recognition and trust among your customers.
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