To register a Trade Mark for your company in India, follow these steps:
1. Create Trade Mark:
The first step to Trade Mark a Brand Name is to design a distinctive Trade Mark, keeping it simple, unique, and relevant to your business. You can choose a simple word mark or create a Logo.
2. Trade Mark Search:
After you have selected your Brand Name, the next step is to conduct a thorough search in the Trade Mark Registry to ensure your desired Trade Mark is unique and not already registered by anyone else. This search is very important to avoid conflicts like objection/opposition in future.
3. Classify Goods/Services:
The next is to select the appropriate class in which you will file your Trade Mark Application. Trade Mark Registry has set 45 classes in which all the goods and services are distributed. One needs to determine the appropriate class under which your goods or services fall, as per the Nice Classification. The Trade Mark Registry has the right to reject the Trade Mark Application if one selects the incorrect Trade Mark class. Hence the Trade Mark Class and Goods & Service description should be accordingly.
4. Documentation:
Prepare the required documents, including a representation of the Trade Mark, details of goods/services, and a Power of Attorney if filing through an agent. If one is using the Mark prior to the Application, then they should submit the evidence of the same to claim user of the said Mark. A prior user has more right in a Mark as compared to New User.
5. Filing Application:
File the Application with the Trade Mark Registry in the appropriate jurisdiction. You can either manually file your Trade Mark registration Application or opt for e-filing. For manual filing, submit your form in person at any Trade Mark registry office and receive your acknowledgment within 15-20 days. E-filing is more convenient, with almost immediate Application acknowledgment.
6. Application Fee:
Pay the prescribed Application fee while filling the Trade Mark Application. For Individual/Small Firm Rs. 4,500 and for Company Rs. 9,000 in E-filling mode whereas it is Rs. 5,000 for Individual/Small Firm and Rs. 10,00 for Company in case of Manual Filing.
7. Examination:
Once your Trade Mark Application is filed, the Trade Mark Office will examine your Application for compliance. The Trade Mark Office will check if your Mark is unique and does not infringe upon existing or pending Trade Marks. Apart from the uniqueness of your brand name, the Registrar also verifies the legality of your Application. This involves assessing whether your Application adheres to the stringent Trade Mark laws of India.
The Registrar can raise objection under section 9 and/or 11. These objections are communicated through an Examination Report. The said Examination Report should be responded within a 30-day period. This response, also known as a Trade Mark objection reply, is a legal document that argues against the objections raised by the Registrar along with supporting documents. The reply has to be filed within 30 days otherwise your Mark will be abandoned.
8. Publication:
If no objections are present, or the Examination report reply is found satisfactory then, your Trade Mark will be published in the Trade Mark Journal. If the Registrar is not satisfied with the response, a hearing may be scheduled where you, or your attorney, can present your case.
9. Show Cause Hearing:
If the Registrar is not satisfied with the Examination Report Reply, then the office will schedule a Show Cause Hearing. This hearing is a vital opportunity to present your case, argue against the objections raised, and convince the Registrar of the validity of your Trade Mark Application.
After the Show Cause Hearing, the Mark will be accepted and Published in Trade Mark Journal.
10. Opposition Period:
After the Trade Mark is published in Trade Mark Journal, a period of 120 days is given to the public to raise any Opposition against the said Trade Mark on valid grounds of concern. If no opposition occurs, your Trade Mark moves to the next stage. However, if a third-party opposition arises, a written response must be provided with proof of prior claim.
11. Registration Certificate:
Once all requirements are met, and no opposition is sustained, the Trade Mark Registry will issue the Registration Certificate. The applicant will obtain a Trade Mark registration certificate bearing the Trade Mark registry seal to conclusively prove its legal validity. This registration is valid for a period of 10 years subject to renewal after every 10 years.
This entire process, from applying for brand name registration to receiving a Trade Mark certificate for the same, typically takes around 6-12 months.
Note: It’s advisable to seek legal guidance or hire a Trade Mark attorney to navigate the process smoothly and ensure compliance with all requirements. As registering a Trade Mark is a lengthy process and each and every communication from the Trade Mark Registry should be responded within the prescribed time and one need to keep a watch through the same.
We, Skyline will keep you informed till the registration procedure is completed. We’ll keep you updated throughout the process, and we’ll keep an eye out for any Trade Mark Registry alerts until the registration is complete. Therefore, throughout the procedure, you will receive the greatest possible assistance and have all of your queries answered.
So contact Skyline (your trusted partner to register your brand)
