Trademark Registration In India – An Overview

A registration process trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest. Brand registration in India is your business’s intellectual property/ intangible asset. Trademark registration in India protects the investment made into creating trust and loyalty among your customers.

Trademark registration in India provides the right to sue others who try to copy your trademark and prevents others from using a similar trademark to the one registered by you.

What Can You Register As a Trademark?

Many aspects of your brand image can be registered as a trademark. The aspect you need to consider to register a trademark online is which aspect of your brand stands out to your customers. Pick that aspect(s) for applying for a trademark in India.

1. Name

a. Product Name: Your registration process can register a particular product’s name as a trademark. Apple’s iPod is a product name trademark.

b. Business Name: Registering a company name as a trademark is the most common route businesses take. Ex: Bajaj.

c. Person’s Name/Surname: If your name plays an important part in generating revenue, you can even trademark your name! Ex: Shah Rukh Khan has trademarked his name.

d. Abbreviations: Abbreviations of a company or brand name can also be a trademark. Ex: BMW.

2. Logo/Symbol

It is a registration process highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of brand registration in India is the ‘swoosh’ of Nike.

3. Tagline

If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC’s ‘It’s finger-lickin’ good’.

4. Other Options

a. Colour Mark: You can register a trademark online registration process for a color or a combination of colors. (Ex: Cadbury has trademarked the color royal blue)

b. Sound Mark: Musical notes or sounds can be trademarked via online trademark registration if we can prove that it’s distinctive. Nokia has trademarked its tune.

c. Scent Mark: Even scents can be trademarked in online trademark registration.

Trademark Registration

Building a brand takes a lot of time, effort, and capital.  As a result, it’s necessary to make sure that you possess the right to use your brand’s logo, tagline, product shape and packaging, sound, fragrance, color combinations, and anything else that gives it a distinct identity. A trademark is a type of intellectual property that differentiates your product or services from other competitors in the market.

In the registration process in India, the Trademark Act, of 1999 permits you to register a trademark. It allows for exclusive ownership rights and prohibits others from using the mark, favoring the registered mark’s owner.

Once a trademark is registered, the “TM” symbol can be used with the applicant and the brand. To protect the brand name, trademark registration in India is essential. It is typically best to seek trademark registration under the supervision of a professional, as the process entails several steps and needs constant government follow-up.

Eligibility for Trademark Registration

Trademark registrations are prevalently used to protect unique brands, slogans, or invented terms. Individuals, corporations, and non-profit organizations can all file for trademark registration in India. However, each class of person or entity has its own set of requirements when it comes to filing a trademark application. In India, the following are eligible for trademark registration.

An individual (Person)

An individual who is not doing any business can also obtain a trademark application and obtain trademark registration for a symbol or word that is proposed to be used by the applicant in the future.

Joint Owners

The Joint owners of a company together can file for a trademark and both their names must be mentioned in the application.

Proprietorship Firm

A registration process proprietorship firm may file a trademark application under its proprietor’s name but not under the business and proprietorship names. If you include a proprietorship name and a business name in your application, those details will be considered separately.

Partnership Firm

A partnership company must include all the names of the partners in the application while registering for a trademark, with a maximum of ten members. If a minor partner is present, the name of the minor’s guardian representing him must be mentioned.

Limited Liability Partnership/LLP

In the case of the Limited Liability Partnership, the application should be in the name of the LLP. It is an incorporated body where the partners have their own identity. The partners cannot be the applicant as the trademark belongs to the LLP.

Indian Company

Any registration process Indian company, regardless of whether a private limited, limited or any other form, must file a trademark application in the company’s name. It should be noted that any incorporated entity has its own identity, so a company’s director cannot be a trademark applicant.

Foreign Company

If a registration process foreign incorporated entity applies for a trademark in India, the application must be made in the corporate name as it is registered in the foreign country. The nature of the registration, the country, and the law should all be mentioned here.

Trust or Society

If a registration process trademark application is filed on behalf of a trust or society, the managing trustee, chairman, or secretary who is representing the trust or society must be named.

Documents required to register a Trademark online

• Incorporation Certificate
  If the registration process the trademark is registered under a company or LLP.
• Partnership Deed
  If the trademark is registered under a partnership firm.
• PAN Card
  Of the authorized signatory.
• Aadhaar Card
  Of the authorized signatory.
• Form TM-48 Signed
  The registration process TM-48 is a legal document that permits your attorney to submit your trademark to the trademark registry on your behalf. Our professionals will prepare the papers for signature.
• Logo
  Please do not upload the logo in black and white to ensure all colors of the trademark are covered under the registration.

Types of Trademark Registration in India

Product registration process marks, service marks, collective marks, certification marks, shape marks, sound marks, and pattern marks are all forms of trademarks that can be registered. Despite the fact that there are various trademarks, their objective is the same: to allow consumers to identify goods and services produced by certain manufacturers or service providers. Let’s look at the different types of trademark registrations available in India.

1. Product Mark

Inregistration process contrast to a service, a product mark is applied to a good or a product. A product mark assists in the identification of the product’s origin as well as the preservation of the company’s reputation. Because they represent commodities, trademark applications filed under trademarks 1-34 could be classified as product marks.

2. Service Mark

A registration process service mark is similar to a product mark, except that it is used to identify a service rather than a product. The service mark’s main purpose is to help distinguish the proprietors from the owners of other similar services. The trademark applications are submitted under trademark classes 35-45, which could be considered service marks because they represent services.

3. Collective Mark

The registration process collective mark informs the public about the unique characteristics of the products and services that are used to represent a group. This mark can be used by a group of people to protect goods and services on a collective basis. A trademark holder can be an association, a public institution, or a Section 8 corporation.

4. Certification Mark

It is a registration process a sign issued by the proprietor that indicates the product’s origin, substance, quality, or other specific data. The main objective of the certification is to establish a product’s standard and to provide buyers with assurance that the product has passed standardized tests to ensure quality. Generally, certification marks can be seen on packaged goods, toys, and electronics.

5. Shape Mark

The registration process shape mark is used exclusively to secure the shape of a product so that customers associate it with a specific manufacturer and choose to buy it. Once it is determined that the product has a distinctive shape, the shape can be registered.

6. Pattern Mark

The registration process pattern marks are for products that have a specifically designed pattern that serves as the product’s distinctive feature. Patterns that do not stand out as noteworthy are rejected. A pattern mark must stand out as distinct in order to be registered.

7. Sound Mark

A registration process sound mark is a sound that can be linked to a product or service that comes from a specific supplier. Sound logos are also known as audio mnemonics, and they occur at the start and finish of commercials. The most popular sound mark in India is the tune for IPL.

Trademark Registration Process at IndiaFilings

How to obtain Trademark registration in India?

Here at India Filings, we have a simplified process for obtaining trademark registration in India.

Benefits of Getting Trademark Registration

There are numerous reasons to register a trademark, but the majority of them are required for all businesses and ambitious entrepreneurs because it serves as a valuable asset. Obtaining a trademark registration and utilizing the services has numerous advantages. Here are a few benefits.

Intellectual Property Protection

The legal protection provided by trademark registration is against the misuse or copying of the company’s name or registered logo. The trademark owner acquires legal ownership of the trademark, which can be enforced in any court. When a trademark is registered, the owner gains nationwide possession of the mark.

A trademark registration serves as a formal notice that the trademark has already been registered.

Powerful Deterrent

A registration process trademark owner obtains the ability to publicly display his or her brand as a registered trademark, alerting others and eliminating the defense of innocent infringement. Once a trademark is registered, it will appear in search reports, preventing other applicants from pursuing the registration of the same or similar mark.

If registration process you are the first to file a trademark, the National Trademark Office in New Delhi will reject registering any trademark that appears to be confusingly similar to another brand.

Legal Remedies

The owner of a trademark can recover up to triple damages from the offender if the trademark is registered in India. The owner is presumed to be the rightful owner of the trademark. When a trademark is registered, the owner gains the ability to sue anyone who is misusing the mark in any court. Unregistered trademarks, on the other hand, are subject to legal action.

Important things to know before getting a Trademark registration

With technological advancements, Trademark registration can now be done online. IndiaFilings has helped thousands of businesses across India.

Trademark Search

It is necessary that before beginning, the entrepreneur must search for trademark availability. Doing a Trademark search will provide information about identical or similar Trademarks filed with the Trademark Registry. Our article on How to do Trademark Research? Will guide you with the same.

Trademark Filing

The trademark registration application can be filed with the Trademark Registrar after the trademark search is completed. However, the application must be made in the prescribed manner and preceded by the applicable fees. The application can be made online or at the state’s five Trademark Registrar offices. To register a trademark online, go to the IndiaFilings website.

The Trademark Registration application must contain the following information:

• Logo or the Trademark
• Name and address of the Trademark owner
• Trademark used Since the date
• Description of the goods or services

The Vienna Codification Process

The Vienna Classification, also known as the Vienna Codification, is an international classification of the symbolic elements of trademarks that was established by the Vienna Agreement (1973). The Trademark Registrar will apply the Vienna classification to the Trademark based on the marks’ figurative elements after the Trademark registration application is filed. While this work is being done, the trademark application status is usually displayed as “Sent for Vienna Codification”.

Trademark Examination

Post completion of the Vienna Codification, the Trademark registration application will be assigned to a Trademark Registrar’s office. After that, the officer will check the Trademark application for accuracy and produce a Trademark examination report. The officer has the option of accepting the Trademark application, allowing trademark journal publication, or objecting to the Trademark registration process.

If the application is denied, the applicant has the option of appearing before the Trademark Officer to answer the concerns. If the officer finds the justification sufficient, the Trademark will be approved for publishing in the Trademark Journal. The applicant has the ability to appeal the officer’s judgment to the Intellectual Property Appellate Board if the grounds aren’t suitable.

Trademark Journal Publication

The proposed Trademark is published in the Trademark journal once the Trademark Registrar accepts the registration application. This journal is published weekly and contains all of the trademarks that have been received by the Registrar. In addition, members of the public can oppose trademark registration if they believe it would harm them. If no objections are received within 90 days of publication, the mark will be registered in 12 weeks.

If a third party objects to the application, the Trademark Hearing Officer will schedule a hearing. Both the applicant and the opposer have the opportunity to appear and present their respective justifications. Based on the hearings and the evidence put forth, the Trademark Hearing Officer will determine if the application should be accepted or rejected. However, the decision by the Hearing officer can also be challenged by the escalating officer.

Trademark Registration

If no objections or oppositions are raised, just the trademark document and registration will be prepared and issued. A trademark is deemed a registered trademark of the owner only once the Trademark registration Certificate is issued, providing the owner some exclusive rights to the mark. The ® Symbol can now be added to a logo or a trademark.

Trademark Objection

The trademark examiner objects to your application for a variety of reasons, which is one of the first stages in the trademark registration process. The registrar seeks valid reasons or explanations about the mark and its registrability, rather than simply denying your claim. He offers the applicant the chance to explain how the trademark meets the requirements for successful registration.

Trademark Opposition

A trademark opposition is an objection filed by a third party against the registration of a trademark. The Registry accepts oppositions from any natural or legal person. This comprises individuals, businesses, partnership firms, and trusts (s). Notably, the person registering the opposition does not need to have an economic interest in the case of a previously registered trademark with the Registry to file the opposition.

Trademark Hearing

A trademark hearing is a physical appearance before the registrar of trademarks, either in person or by a trademark attorney or trademark agent, for the purpose of removing the proposed objections under review from a report issued following the filing of a trademark registration statement or application. If the registrar authority is not satisfied with the response lodged against the objection proposed in the final report in the procedure of trademark certification, a trademark hearing is held.

RELATED GUIDES

• Online Trademark Registration at Chennai in Just 5 Days
• Documents Required for Trademark Registration
• Trademark Registration for Slogans
• Evidence of Use – Trademark Registration
• Absolute Grounds for Refusal of Trademark Registration
• International Trademark Registration
• Trademark Registration vs Company Registration

Trademark vs Copyright vs Patent

	Trademark	Patent	Copyright
What’s protected	Any word, phrase, symbol, or design that recognizes and differentiates the source of one party’s goods from those of another.	Inventions, such as procedure, manufacturer, composition, and machines of matter as well as improvements to these.	Books, articles, music, photography, sculptures, dances, sound recordings, motion films, and other original works of authorship.
Requirements for protection	A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good.	A fresh, valuable, and unusual invention is required.	A work must be unique, original, and created in a tangible manner.
Term of protection	As long as the mark is used in commerce.	20 years	The author’s life span+ is 70 years.
Rights Granted	Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin.	Right to restrict others from manufacturing, selling, or importing the patented invention.	Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.

Trademark Registration FAQs

How do I register for a trademark?

In India, registering a trademark is done through the Indian Trade Marks Registry (TMR), you must first conduct a trademark search and then file an application for registration, one submitted, the TMR will review it and issue a trademark registration certificate if the application is accepted. Register your Trademark with IndiaFilings to access our expertise.

How much does it cost to register a trademark?

The cost of registering a trademark in India varies depending on the class of goods or services associated with the trademark.

What is the validity of a trademark?

A normal registered trademark is valid for ten years, the owner must renew their registration.

Is my trademark application valid across the world?

No, any trademark registered in India will be valid only in India. However, some countries use trademark filing in India as a basis for registering the trademark in their country.

Can a foreigner or foreign entity get a trademark registered in India?

Yes, a foreign person or a foreign entity can apply for trademark registration in India.

How long it takes to obtain Trademark registration?

A trademark application can be filed with the trademark registry in a matter of 1 – 3 days. However, it will typically take 6 to 24 months for the registry to complete its formalities and provide registration for the trademark.

When is the TM Mark used?

The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.

When is the R mark used?

The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided

What is the validity of Trademark registration?

Registered trademarks are valid for 10 years from the date of filing. The owner of the mark can file for renewal to keep the trademark protection current prior to the end of its validity.

What happens when the trademark application gets refused?

If the trademark examiner sends a hearing notice to the applicant and there is no response to the hearing notice within 30 days of receipt, then the application is automatically refused. In such a case, a new application needs to be filed.

Documents Needed for Trademark Registration

Before the preparation of the documents, it’s important to get an authorization letter that is appropriately signed by you because it enables us to file for trademark registration on behalf of you. After getting the authorization letter, we begin preparing the documents which are required, to apply online. Soon, you will receive the approval of the application, and you will gain the right to use the ™ symbol. While filing for the trademark registration, the documents you are required to provide are as follows:

• Proof of Applicant
• PAN Card and Address Proof of Applicant
• Certificate of registration (other than an Individual applicant)
• Brand Name & Logo
• User Affidavit
• Proof of TM Use
• MSME / Start-up Recognition
• Signed Form TM – 48

Notes

• Identity and business proofs: The trademark owner or the person who is approved by the trademark owner requires to present their identity proof. It can be your Aadhar Card, Driving License, Passport, Ration card, or Voter’s ID.
• Using Logo with Tagline: If a trademark application is prepared for a tagline with only words, then there is no requirement for a logo. In cases where a logo is applied, then it must be submitted in black-and-white format. The number of words in the logo must exactly be the same as specified in the application for a trademark.
• Brand Name & Logo: The logo must have the brand name applied for trademark registration.
• User Affidavit: If a particular user data is to be claimed, the user affidavit is expected to be submitted.
• Proof of TM use: To demand specific user dates, documentary proof like invoices, registration certificates, etc with the brand name must be given.
• MSME or Start-up Recognition: A partnership firm, body corporates can give a certificate of registration under MSME or Start-up India scheme to get a 50% rebate on the Government fee
• Signed Form TM – 48: TM-48 is a lawful document that enables the attorney to file the trademark on your behalf with the trademark registry. The document will be made by “LegalRaasta” professionals for signature.

What can be Registered as a Trademark?

Name

A name including the personal or surname of the applicant or the signature of the person e.g., the name Dhirubhai Ambani can be trademarked. Word

A word that is not directly descriptive of the character or quality of the goods/service. For example, Google is a word that has been trademarked. Numbers

Alphanumeric or Letters or numerals or any combination thereof. For example 555 brands.Images

Image, symbol, monograms, 3-dimensional shapes, letters, etc. For example the tick in the Nike logo.Sound

Sound marks in audio format. For example, the sound in the ad jingle

Except these, the other things which can be trademarked are an invented word or any arbitrary dictionary word or words, letters or numerals, devices which may include fancy devices or symbols, monograms, a combination of colors or a single color in combination with a word or device, the shape of goods or their packaging, 3- dimensional sign, slogans and phrase, logo, graphic content, etc.

Who can all apply for a Trademark?

In context to the trademark rules and regulations in India, things like sound, logos, words, phrases, colors, images, symbols, initials, or a mixture of all of these can be registered.

A trademark application can be made by:

• Private firms
• Individuals
• Companies- Limited Liability Partnership, OPC, Private Limited, Public, Partnership, etc.
• NGO’s

Note: In the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.

Any person, pretending to be the proprietor of a trademark used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the trademark, the goods or services, the name and address of the candidate with power of attorney, and the time of use of the mark. The application must be in English or Hindi. It must be registered at the appropriate office.

What is included in our Package?

ConsultationApplication PreparationName search & approval application FilingSame day FilingGovernment Fees

Advantages of Trademark Registration

Excellent Business Opportunity

A product or service being sold under a registered trademark assists in developing trust, safety, quality, and goodwill in the minds of customers. It gives you a unique identity when linked to other sellers.

Legal Protection

A registered trademark owner has the legal right in case of infringement i.e. you have a doubt that your trademark is copied by someone else, then you can sue them for copying your logo, brand, name, or slogan.

Get Unique Identity

Customers will recognize a singular product or service only with the brand name. Registering a trademark guarantees that competitors will not apply it and so it remains a company’s unique asset.

Global Filling of Trademark

A trademark that is registered and filed in India is permitted to be filed in other countries (outside India as well). Moreover, foreigners can also get a trademark registered and file in India.

Creation of intangible asset

The trademark can be a valuable asset in case your brand builds a name and succeeds. Registering a trademark makes it an intangible asset that can be traded, franchised, distributed, or commercially contracted. This brings benefits to the company or the individual proprietor. A trademark is an intellectual property for the organization.

Infringement protection

Filing a trademark assures the trademarked object is not used unethically by any other company or Individual. But, if the trademark is used by a 3rd-party without the permission of the owner of the trademark, the owner can ask for legal protection upon the act and even sue the person or the company who made a false usage of the trademark.

Exclusive rights

The proprietor of a registered trademark will be able to have exclusive rights over the trademark. The same trademark can be applied by the owner for all the products that fall under the same classes. Having exclusive rights to the product or services also permits the owner to stop any kind of illegal use of the trademarked thing.

Applying the registered symbol

The company can use the registered symbol (®) once the trademark is filed. The logo is evidence of the fact that the trademark is already registered and cannot be applied by another individual or another company. In the case of illegal usage, the person who holds the trademark can decide to sue the other person

Differentiating products

Trademarking assists consumers to find out about the products quickly. They can differentiate among the various kinds of products as the products tend to create an identity for themselves.

Promotes Goods and Services

Registering a trademark constitutes the face of the company or the goods and services. This serves to differentiate and promote brand creation. Most companies get their identity by trademark so it plays a crucial role in promoting and enhancing the brand value.

Protect the Commercial Goodwill

A trademark’s registered owner has the power to build, secure, and protect the goodwill of his/her goods or services. The owner can stop other traders from using his trademark illegally. One can also sue the infringer for using the brand name and demand damages for any infringement

Advertising sales

The customers of a company attach the name of the brand to the feature of the product or service that they give. This form of the product is spread in the market and so, it helps to increase sales by bringing more and more customers towards the product.

Steps In Trademark Application

Step 1: Trademark search (1 day)

LegalRaasta checks trademark availability or checks brand name availability on behalf of their customers to make sure that their desired name or design has not already been taken or isn’t too similar to an already existing trademark.

Step 2: Create trademark application (1 day)

Once we ensure that your chosen name or design is available & exclusive, we will send you an authorization letter which has to be duly signed by you and returned to us. These letters give our lawyers the authority to file a trademark application on your behalf.

Step 3: Trademark application submission (1 day)

Once we receive the authorization letter & provided that no information is incorrect or partial, our lawyers will file the trademark on your behalf, and you can immediately start using the ™ symbol. We will provide you with the TM application number.
We file the trademark either at the central trademark department office or online. A trademark can be filed online only by a registered lawyer or agent.

Step 4: Trademark registration (1.5 years)

Once a trademark application is complete, your application will be verified by the trademark office. The government can also raise an objection if your name is similar to some other trademark in the same class, or if the name is deemed obscene or hurts religious sentiments.
In case no objection is raised, the trademark registrar will publish an advertisement in the trademark journal. If no opposition is filed by any party within a period of 4 months, the trademark should be registered within the next 6 months. During this period, we constantly provide you with updates regarding the status of your application. You will need to pay the additional fee in case of such objections.

Step 5: Hearing before Registrar

If the object has been filed on your trademark and the opposition doesn’t agree with your response, then a hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar.

Trademark Objected

If a Trademark is registered and the status is shown as “Objected” this indicates that the authority has received 1 or more objections on the trademark, this can be because of duplication of existing registered trademarks, or else the trademark will be offensive even there are various other reasons for trademark objection. The objection is raised under Section 9 and Section 11. In Section 9 the objections are made if the authority determines the trademark to be descriptive of goods. To overcome such objection you are required to give proper evidence and prove distinctive of your Trademark.

In Section 11 the objections are made by the authority when they see the same trademark which means such a trademark already exists for similar goods, services, or products. When the objection is done, the candidate is required to make sure that he/she gives appropriate documents within the provided time, this will help you to overcome the objection.

Trademark Renewal

Just applying for trademark registration won’t work in the long term. The trademark remains valid just for 10 years after that one needs to file for Trademark Renewal.

Trademark renewal must be filed before the expiry of the trademark. The renewal application form must be made and filed before the deadline to have seamless protection of the trademark without any chances of litigation.

• Protection from Frivolous Litigation: It is likely to have seamless trademark protection without any risks of litigation. Renewal of trademarks makes it difficult for someone to maintain rights over it other than the trademark owner.
• Increase of Ownership Rights: One can get security from infringement of rights over the brand name. The exclusive rights over the trademark are continued for 10 years after each renewal. So it provides permanent protection of your brand and goodwill generated by the brand.
• Brand Name Security: Renewal of trademark guarantees constant and unhindered protection of the brand name. Failure of renewal points to a lapse of legal protection in the Brand name.
• Monetary Returns: A trademark owner has the particular right to allow or license the trademark to someone else in return for some monetary benefit. Thus, one can earn a profit from a registered trademark as well.

Renewal Process and Forms

• The application for renewal is done in form TM-12
• The application can be executed by either the registered owner of the trademark or an agent approved by him.
• You must take the help of a professional to register for the renewal of a trademark application to guarantee that the mark is well protected. This is because you may need to increase the scope of protection. After all, if your brand has lasted 10 years, it’s likely that it will have outgrown the classes you had 1st registered it under.
• Filing a trademark renewal application increases protection by another 10 years. The trademark registrations are applicable for another 10 years and renewed again before expiry.

Validity of a Registered Trademark

Once a trademark application is registered in the TradeMark office or online, the candidate can begin applying the TM symbol on products or services, and if the trademark is registered, then the candidate specifies the ® symbol over his trademark. All registered trademarks are valid for 10 years from the date of registration.

At the end of the validity of a trademark, a trademark can be renewed simply by giving the Government fee for registration within 6 months via “Form TM-12”, from the date of expiry of the trademark.

An expired trademark can be renewed through Form TM-13 (Restoration & Renewal) after 6 months and within 1 year from the expiration of the last registration of the trademark.

Important Things to Know about the Online Trademark Registration

Nowadays, with the arrival of technological advancements, trademark registration can be quickly made online. You can get the help of a registered Trademark attorney to register online without taking an attempt to visit the registry office.

VIENNA codification process

In the trademark process, Vienna codification is a significant step. It is an international classification that is provided once you fill out the application form. At this point, your application for registration will be expressed as – Sent for Vienna codification.

Examination of Trademark

After the trademark application is provided for the Vienna classification, the trademark will be considered by the Trademark officer following specific guidelines and procedures. The officer may accept or deny the application as per his/her choice.

Hearing before the Trademark registrar or officer

If the trademark application is denied, the candidate can go for a hearing. If the officer is satisfied with the given documents then the application will be transferred. If the officer is not satisfied, once again the application gets denied. If he/she is not entirely convinced about the reason for rejection, then the Intellectual Property Appellate Board can be reached.

General Trademark Protection Solution

We offer a complete suite of solutions for the protection of your trademark in India. Before the application of the mark and post-application of the trademark, “LegalRaasta” will assist you with consultation on protecting your trademark. But, please note that the final authority for registration of a trademark is held only by the Trademark Registrar, and “LegalRaasta” or its Employees can at no-stage guarantee registration of a trademark.

Trademark Search

Before applying for a trademark, we can assist you to do a trademark search. Under the Trade Marks Act, the same or related trademarks cannot be registered. It is simple to learn an identical trademark from a trademark search. Though, the test for connection is applied by a Trademark Examiner on a case-to-case basis. So, “LegalRaasta” or its employees cannot predict which trademark applications will be disapproved.

Trademark Objection

In case a trademark application is disapproved by the Trademark Examiner, a reply can be submitted to the objection proposed, by the candidate with facts and points supporting the registration of the trademark. Based on the reply, the Examiner can call for a hearing or allow the trademark filing to continue, or refuse the trademark application

Trademark Opposition

Before the trademark registration process is complete, the Trademark Registrar will publish the trademark to be registered in the Trademark Journal along with this, he will allow 90 days for any person to raise opposition.

Certificate of Registration

When you have passed all these stages, and your application is approved, then you can start using the ® symbol which means that the Trademark has been registered. The entire procedure depends on the government which may take 1-2 years.

Infringement trademark

It is illegal to use an already registered trademark. In case any individual is found practicing it, he/she will get a notice to cease the use of that Trademark.

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Trademark FAQs

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What is a Trademark Class?

India follows the NICE Classification for trademark classes. The NICE Classification is an international classification of goods and services for the purpose of registering a trademark. This classification system consists the 45 classes; the first 34 classes include goods and the rest of the classes, i.e. 35 to 45 include services. Trademark has to be registered under these classes only.

What is the Need for Trademark Classification?

TM registration under a particular class prevents others from registering for the same mark in the same class. The need for trademark classification is:

• to clearly identify the goods and services covered by the mark
• a guide for the trademark registration
• to identify the potential future trademark infringes
• to assist the trademark officer

When Can I Use the ‘TM’ and ‘R’ Symbols with My Trademark and What They Signify?

Trademark symbol ‘TM‘ is a provisional symbol, used for unregistered Trademarks. It acts as a warning symbol for potential infringers that the application, to claim the trademark, is under process.
The trademark symbol ‘R’ signifies the registered trademark. The ® mark can be used; once the application gets approved by the government. Generally, it takes about 8 months to 2 Years from the date of filing the TM Application.

Can I Apply for an Existing Registered Mark but in a Different Class?

Yes, you can apply for the existing mark which is already registered but in a different class. But, the situation is different in the case of well-known marks. You cannot apply for the existing well-known name even for a different class. This trademark will have a high probability of getting objected to.

What is the Difference between Trademark, Copyright, and Patent?

Trademarks, copyright, and patent are the types of intellectual property in India. Although all types of intellectual property are very different, people often confuse them.

A trademark is an exclusive right for a distinguished word, sign, design, symbol, or device used in the trade of goods and services. Different types of trademarks are available in India.
Copyright is a protection extended to original work of authorship; the scope includes musical, literary, and artistic work either published or unpublished.
A patent is a grant of an exclusive right to the inventor to protect their invention for a limited time duration.

Is Registration of Trademark Compulsory?

Registration of a Trademark is not compulsory, but it is a good idea to register a trademark in every country where you offer your products or services. Registration of a Trademark provides you with legal protection in the event of any infringement arises.

Is it Compulsory to Hire an Attorney for filing the Trademark Application?

It’s not a mandatory requirement to hire an attorney. You can initiate a trademark application process on your own through the India online portal or by visiting the patent and trademark office in India. But it is advisable to hire a trademark attorney to avoid the potential pitfalls. Hiring an attorney for legal trademark advice makes the application 50% more likely to register.