Trademark Filing – Process & Documents Required
Trademark is a logo or combination of numbers and characters that is exclusively used by a business to distinguish its services and products from others in the market. Having a registered trademark can help a business invest in branding and ensure that its goods and services have a unique branding in the market. In India, trademark filing and registration is governed by The Trade Marks (Amendment) Ac which provides for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks. In this article, we look at the process of trademark filing in India along with the documents required and the process for trademark registration.
Documents Required for Trademark Filing
To file a trademark application the following documents are required:
- Signed Form 48 – Form 48 is used to provide an attorney with authorisation to file your trademark application.
- Udyog Aadhar Registration Certificate – In case you would like to avail the lower trademark fee of Rs.4500. For Partnership Firms, LLPs and companies not having Udyog Aadhar, the government fee for trademark filing is Rs.9500.
- Incorporation certificate.
Trademark Filing Process
Filing a trademark application in India is a simple process through IndiaFilings. While making a trademark filing, various documents like Form 48, TM-1 and trademark class have to be mentioned without any mistake. Hence, its best to take help from a trademark Expert while making a trademark application.
Before filing a trademark application, its recommended that a trademark search be conducted to know all similar or identical trademark applications filed along with its status. A trademark search can help reduce chances of the application being objected or opposed or refused.
Click here to do a trademark search.
Trademark Application Filing
Once a trademark search is complete, determine the trademark class under which the application would be filed and the description of goods/services the mark would represent. Sign the Form 48 to provide the attorney with authorisation to file your trademark application.
With the Form 48, the Attorney would file the application and provide TM-1. If TM-1 is acceptable, payment would be made to file the trademark application with the Government.
Begin using TM Symbol
On filing the trademark application, a trademark application number would be provided by the Government with 1-3 working days. On obtaining the trademark application number, you can being using the TM symbol.
Trademark Application Processing by Government
Once the trademark filing is complete, the Government will process the application within 1 year. In case the application is similar to an existing trademark application, the Trademark Examiner would raise an objection.
On receiving a trademark objection, the applicant can respond to the concerns raised by the Examiner within 30 days to explain why the mark should be registered despite the objection.
Know more about trademark objection.
In case the Examiner requires further information or documents or is not satisfied with the documents submitted in response to the objection, he/she could call for a hearing. In a hearing, a Trademark Attorney can represent the applicant with the concerned Officer to explain why the mark should be registered.
Trademark Journal Publishing
If the trademark application is acceptable to the Government, it would be published in the Trademark Journal for a period of 90 days. During this time, any person can raise an opposition for registration of the mark. In case of opposition, the Trademark Registrar would provide an opportunity for the applicant and the counter-party to present their concerns.
Trademark Registration Certificate
In case there is no opposition or if all oppositions have been cleared, the trademark would be registered. Now, the applicant can begin using the R symbol. The trademark registration would now be valid for a period of 10 years from the date of application and can be renewed at the end of 10 years.
Using a registered trademark without the authorisation of the trademark owner is an offence under the Trade Marks Act and is known as trademark infringement. In case of infringement, a registered trademark owner can issue a notice to the infringer to cease and desist use of the mark.
In case the infringer does not stop using of the mark, action can be initiated to cease all goods that violate the Trade Marks Act and a claim for damages can be initiated.
Know more about trademark infringement remedies.
Benefits of Trademark Registration
The top benefits of registering a trademark in India is provided below:
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