Trademark Registration Process in India
Intellectual Property

Introduction

Trademark is a brand or logo that is used to identify goods and services from a company. It can be a name, word signature, and label which represents your business. The purpose of a trademark is to distinguish the company products and goods or services from its competitors. Trademark is a unique identification of a company. It is necessary because it differentiates company products from other sellers in the market. In 1991 trademark act are imposed in India to protect the unique company identification.

Trademark registration protects the trademark right to prevent others from copying your mark. Besides, it is essential to register your company trademark to avoid misrepresenting other products with your signature. Trademark helps the customer to identify the real brand or company by its logo or unique name. In short, the Trademark is a brand or logo which represents your business.

Trademark Registration Process in India:

These are the following step you need to follow for the registration of the Trademark of your company.

Choosing a Trademark : 

Firstly, one of the most important things is choosing a unique mark because it will represent your company. Secondly, the owner needs to select a class. Trademark can register through classes. Forty-five categories are starting from 1-34 for goods, and levels 35 to 45 are for service.

Trademark Search :
When you choose the Trademark, then you have to check whether your business trademark is already registered or not. Generally, The search of Trademark is conducted by an attorney in the trademark office, or you can do this yourself by going into online Website to check are there any similar trademarks registered under that particular class. On the Website, you have to find a public search option, then choose the specific category and search the Trademark in the online database.

Trademark Application
 
For online trademark registration, these are the following documents you need to fill the application form.

Business Registration Proof: The trademark registration process needs identity proof and address proof of the company owner
Soft Copy of Trademark: Based on your registered business, you need to submit the Trademark soft copy and the application sign by power of attorney.
Filling the Application 

When the applicant filled the application form on the government website, the government instantly issued the trademark symbol for your company. Unfortunately, if you face rejection, the applicant will get a second chance to fill the application, but it charges some extra fees. This whole registration process takes 2 or 3 days. 

Advertisement in the Trade Marks Journal 
When the examination process is complete, the Website will publish your brand name in Indian Trade Mark Journal. It is one of the essential parts of trademark registration. That means your company brand name is proceeding toward acceptance.

Certificate issuance
Within 90 days, if there's no opposition raise, then your trademark application will automatically accept. Finally, you will get the Registration Certificate with the Trademark Registry seal.

Who can Apply for a Trademark?

Any individual or a company that wants to start a new business needs a unique trademark for their business identification. The owner will apply for trademark registration, and his name will declare as the owner of the Trademark once the Trademark is successfully registered.

FAQ Of Trademark Registration Process In India:

How long a trademark registration valid in India?

Trademark registration is valid for almost ten years in India. So you have to renew the registration every ten years.

Over registered Trademark is a risk?

Of course, your company at high risk if you have been using your Trademark for over registered. It can put you into unnecessary legal proceedings, which could affect your company's reputation.

How Can I Check My Trademark Registration Process?

You have to see the below steps to check your registration status:

In the first step, you need to access the IP INDIA Website.
Then Select the National ID Number
Check Trademark Application Number
View Application Form


Is Trademark necessary in India?
Yes, Today Trademark is a unique identification of companies and helps to protect your company or brand name in a business market.

Drafted By:
CS.A.Maniraj.,B.Com.,ACS.,CA(Fin), Independent Director 
Certified CSR Professional., Certified GST Professional

Trademark Registration Process in India
Maniraj Anantham 5 December, 2022
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