If you are in plans to setup a business and created your brand name and logo and want to know how to register a trademark for your India, then this article will definitely help you how to protect your brand’s reputation as well as registering your brand as a trademark.
Trademark registration for your brand is nothing but registering your brand name which basically means, this brand name is ours and if anybody sells products on this name they can be sued. In India one can trademark any of the following things or even combination of these things like Number, Letter, Phrase, Logo, Word, Smell, Graphic, Sound mark or some combination of colors.
How to register trademark for your brand in India
Step 1 : Create a crazy and catchy brand name
When starting a business choosing the brand is quite important and you should choose the one which is crazy enough and should be catchy. Choose the one which is quirky and whacky brand name, because the general brand names would be registered however. Before selecting one name make sure that no body is already using this name. So, you need to do some best work to use the invented or the coined words that should be combination of generic words.
Step 2 : Apply for trademark
After finalizing your brand name fill out the trademark application which you can download here and this application costs Rs.3500 and it is a one time fee.
Along with this application you need to attach the following documents.
- You need to submit the identity proofs of the directors of the company with an address proof.
- A photocopy of your brand logo of standard size 9 x 5 cms.
- Proof of claim of the proposed mark being used before in the another country.
Step 3 : Filling the application
You can fill the application in two methods one is manual and other is e-filling.
If you are filling the application manually you need to walk down personally and submit the registration application to anyone of the office of the Registrar of Trade Marks located in Delhi, Kolkata, Mumbai, Chennai and Ahmadabad. After this you will receive the acknowledgement of the application with in 20 days.
In the e-filling mode the acknowledgement of the application will be issued immediately. After receiving the acknowledgement you can use the TM symbol next to your brand name.
Step 4 : Examining the registration application
After you submitting the application the registrar checks your application whether your brand name compiles with the law and it doesn’t conflict with the other registered or pending brands. So, the quirky brand name is very important.
Step 5 : Publication in the Indian trade mark journals
After examining your application, the brand name or the logo will be published in the Indian Trademark journal. If nobody raises any objection within 90 days from the day of the publication, then the brand name is accepted.
Step 6 : Issuing trademark registration certificate
If nobody raises any objection with in 90 days, then the registrar accepts the trademark application and it issues the Registration certificate under the seal of Trademark registry. Now you are allowed to use the registered trademark symbol i.e, (®) next to your brand name.
The process of trademark registration takes somewhere between 15-18 months. Once the trademark is accepted it is valid for 10 years from the day of issuance of the Certificate of Registration.