Sunday 2 August 2020

Procedure for Registration of Trademark



PROCEDURE FOR REGISTRATION OF TRADEMARK IN INDIA


What is Trademark?

Trademark is a name, symbol, logo, word, device or any combination. It is used to distinguish their products from the other. Trademark or brand name both are same.

Trademark/Brand name are most important for startups as well already established businesses. Packed goods trend increased in India, Almost all products are sold in packed form. 

Trademark/Brand name helps the buyer to choose a product of his/her choice out of various available in store. Also trademark/brand name creates value for your products in the market.

It will help to increase your sale. No one else can take benefit of your goodwill created by you.

Trademark/Brand registration provides exclusive rights of use to owner. No one else can use brand for their products without taking owner consent. Owner can also claim losses or penalty if anyone uses his brand without his permission.

Hence, it is recommended to all businesses specially startups to get their brand registered under The Trademarks Act, 1999.


Which Laws govern Trademarks in India?

The Trademarks Act, 1999, The Trademarks (Amendment) Act, 2010 and Trademark Rules, 2017 governs the law with respect to trademarks in India.


Who can apply for Trademark Registration?

Application for trademark registration in India can be filed by anyone from below categories

1. Individual

2. Partnership Firm

3. Limited Liability Partnership (LLP)

4. Company (Body Corporate)

5. Society

6. Trust

7. Association of persons

8. Statutory Body

9. Government Department.

10. Hindu Undivided Family (HUF).

11. Single Firm.

12. Joint Firm


Information & Documents required for Trademark registration?

1. Applicant Name (Individual/Firm/Partnership/Company).

2. Applicant Address along with PIN Code.

3. Nationality of applicant.

4. Category of Applicant.

5. Email id of Applicant.

6. Mobile no of Applicant.

7. MSME/Startup Registration Certificate (if any, to reduce application fee.)

8. Trade Mark /Brand Name/Logo (if designed then soft copy in JPG Format).

9. Goods / Services in respect of which applicant desire to secure registration.

10. If applicant using the trademark/brand name from earlier date then proof & date of use.


Where to apply for Trademark registration?

Trademark application can be submitted physically or by way of e-filing at www.ipindia.nic.in . Physical application can be submitted at counter of regional office situated at New Delhi, Mumbai, Kolkata, Ahmedabad & Chennai. 


Fee payable for Trademark Registration?

                 

 

 For Physical filing

 For E-filing

Application for registration of a trademark /collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes.

 

 

 Where the applicant is an Individual / Startup / Small Enterprise

 INR 5,000

INR 4,500



  In all other cases

INR 10,000

 INR 9,000

      

Procedure for registration of Trademark: 

Trademark registration have following stages from availability search to its registration:-


1. Search & possibilities of the trademark:

It’s first & very important stage of trademark registration.

Under this stage it is checked whether trademark is eligible for registration and any similar trademark is already registered or not with office of the Registrar of Trademarks.  

Some tools are used to remove the future issues at this stage. If applicant make proper search at this stage then it will help him in the later stage. 

Applicant's trademark may be registered without any objection & opposition if comprehensive search is performed at this stage. Hence it should be done carefully.


 2. Preparation & filing of Trademark application:

Once trademark finalized then application is drafted & filed with registrar to proceed for registration. Fee payable along with application for registration is mentioned above.


 3. Examination of application by department:

After submission of application with department, it will be scrutinized by department & if found any default of any provisions of Trademark Act, 1999 or similar with existing trademark or not eligible to be registered then may raise objection. 

It’s not in all cases. It may accept the application for publication as well, higher chances of acceptance if proper & careful search was done at first stage.


4. Filing of reply on objection raised by department (if any):

If any objection raised by department under examination report, then process of TM application is stopped, till filing of reply on it within 30 days.

If no such reply is filed then application is abandoned. Hence reply must be filed within stipulated time. If asked for any modification in existing application then file form  TM-M for modification. [Govt fee also payable for TM-M i.e. 1000/- (physical) or 900/- (e-filing)]


5. Hearing for objection:

Sometimes department not satisfied with the reply submitted against objection & then call for hearing. Applicant will have to present before the authority at the time of hearing at a given time. If not present then application may be rejected.


 6. Publication in Journals for public objection:

As application is accepted by department after accepting reply or accepting at hearing or accepting without any objection.

Then it is published in trademark journals for public objection and it remains open for opposition for Four months. Anyone having any issue with registration of trademark may oppose application within given time by filing form TM-O [Govt fee payable for TM-O i.e. 3000/- (physical) or 2,700/- (e-filing)]


7. Opposition filed by pubic (if any):

It might be opposed by anyone or might be not within publication time before registration.

If no opposition filed within period of publication then registration certificate will be issued.

OR

If opposed by anyone from the public then will have to fight the case at Trademark court & prove rights.

If a Trademark application is opposed, then reply need to be filed within 60 days against the issues raised by opponent. Also might have to file case & fight the same. Once rights of applicant are proved at court & order has been passed. Registration certificate will be issued.


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DISCLAIMER:- THE ARTICLE HAS BEEN WRITTEN BY SUDHIR ARYA, COMPANY SECRETARY IN PRACTICE & STARTUP CONSULTANT. DUE CARE HAS BEEN TAKEN TO ENSURE THE CORRECTNESS OF INFORMATION. IT'S BASED ON THE RELEVANT INFORMATION AVAILABLE AT THE TIME OF WRITING IT. HOWEVER, THIS ARTICLE CAN'T BE CONSTRUCTED AS LEGAL OPINION AND WRITER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT RESULT FROM THIS ARTICLE. THIS ARTICLE IS ONLY FOR KNOWLEDGE SHARING INITIATIVE.

ANY SUGGESTIONS ARE WELCOME TO INCREASE THE EFFECTIVENESS OF THE ARTICLE. FOR ANY QUERY OR SUGGESTION WRITER CAN BE REACHED AT MAILTOSUDHIRARYA@GMAIL.COM OR WWW.SUDHIRARYA.COM

6 comments:

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