Trademark Registration - Online Filing
A trademark is a visual symbol, which may be a word, name, device, label or numeral used by a business to distinguish its goods or services from other similar products or services originating from a different business. A trademark is a protectable asset under Indian laws and regulations. To protect a trademark from being copied by others, the inventor of the word or symbol must apply for trademark registration with the Office of Controller General of Patents Designs and Trademarks. The process for trademark registration has various steps, and it is essential to hire an Expert for trademark filing to maximise chances of registration.
e-DiNero. Group has helped file over thousands trademark applications in India and has obtained registration for various leading brands. We also offer a comprehensive suite of services for intellectual property registration and protection in India like trademark objection reply, trademark opposition, trademark renewal and patent registration. Get a free consultation for trademark registration by scheduling an appointment with an e-DiNero. Group Trademark Expert.
Eligibility & Requirements
Any person or legal entity can file a trademark application in India. There is no requirement for the mark to be used before applying. Hence, a trademark application can be filed under the category of "Mark proposed to be used" if the inventor of the word or mark wants to protect it before advertising the brand.
There is also no requirement for the trademark applicant to be an Indian citizen or Indian business. Hence, any foreign national or foreign entity interested in securing a trademark registration in India can file a trademark application without any other requirements.
Trademark Registration Fundamentals
Before beginning the process of filing a trademark application, the applicant needs to understand some basic concepts relating to trademark filing.
Trademark Class: The World Intellectual Property Office or WIPO has organised all goods and services under 45 different classes. Hence, when a trademark application is submitted - it must fall under one or more class. For example, the trademark application for a bike called "FastSpring" would be filed under Class 12, which pertains to vehicles. If the mark is registered under Class 12, then no other person would be eligible to register an identical or similar mark under the same class. On the other hand, if an applicant makes a trademark application for "FastSpring" under a different class, if there are no conflicts - then the mark would be registered under the different class. In case an applicants product or service spans across classes, then multiple classes can be included in the trademark application at an additional cost.
Jurisdiction: For a trademark to be legally protected in India, it must be registered in India. Similarly, just because a mark is registered in India will not ensure that the trademark is protected in other countries across the world. If the trademark owner plans to take a brand international, then multiple trademark applications in the respective countries must be filed.
To register a trademark the following documents should be uploaded on e-DiNero. platform:
Logo, if applicable.
Identity proof of the trademark owner
Incorporation certificate, if company or LLP
Note: Logo is not mandatory. Word alone can be trademarked.
Trademark Registration Process
At e-DiNero. Group, the process for registration of the trademark begins with a trademark search. We can help you conduct a trademark search using the tool below to find marks across classes. The Government trademark search tool can also be used to find identical or similar trademarks under the same class. Once the trademark search is completed, you will have to determine whether to proceed with the trademark application based on the details of identical or similar trademark applications already filed with the Government.
In most cases where the mark is unique, on filing the trademark application, the Examiner would verify all details and approve for the publishing of the mark in the Trade Marks Journal. When the mark is published in the Journal, any person or entity would have the opportunity to oppose registration of the mark. If the mark is not opposed, then the trademark certificate is issued to the applicant with a validity of 10 years.
In case there are identical trademarks, then the process for registration could be lengthy and costly - involving various legal procedures and hearings. If there are similar marks, then the process could be quick or include objections and hearings - based on the Examiners decision. If the Trademark Examiner determines that the mark is identical or similar to an existing trademark application, he/she will issue a notice of objection. The objection notice must be responded within 30 days. On responding to the notice, a Hearing date would be provided for the applicant to present proof of use and submit arguments for registration of the mark. In case your trademark application is objected by the Trademark Examiner, e-DiNero. Group can help you with filing an objection reply or appearing on your behalf at hearings - at a nominal additional cost.
Avoiding Trademark Application Rejection
To avoid the trademark application from being rejected, the following checklist can be helpful:
The mark is not similar to an existing application
The mark is not a well known or generic term like "Milk" or "Chair"
The mark is not deceptive or misleading people
The mark contains bad or offensive words
The mark contains words like Government or President or other well-known personalities
Benefits of Obtaining Registration
On registration of the mark, the R symbol can be used next to the mark to put the public on notice that the mark is a registered trademark. For the trademark legal protection will be valid for a period of ten years. Renewal of the trademark can be done before expiry without any penalty for a further ten years by the owner.
In case of infringement of a registered trademark, the trademark owner can get legal remedy. A Court may grant relief for trademark infringement or for passing off (eg: counterfeit goods). Trademark infringement relief can be provided through an injunction, damages or an account of profits, together with or without any order for the deliver-up of the infringing labels and marks for destruction or erasure.
Comprehensive Trademark Protection Solution
e-DiNero. Group offers a comprehensive suite of solution for protection of your trademark in India. Prior to application of the mark and post-application of the trademark, IndiaFilings can help you with consultation on protecting your mark. However, please note that the ultimate authority for registration of a mark rests only with the Trademark Registrar and e-DiNero. Group or its Employees can at no-stage guarantee registration of a trademark.
Prior to applying for a trademark, we can help you do a trademark search. Under the Trade Marks Act, identical or similar trademarks cannot be registered. It is easy to determine identical trademark from a trademark search. However, the test for similarity is applied by a Trademark Examiner on a case to case basis. Hence, e-DiNero. Group or its employees cannot predict which trademark applications will be objected.
In case a trademark application is objected by the Trademark Examiner, a reply can be submitted to the objection raised by the applicant with facts and points supporting registration of the mark. Based on the reply, the Examiner can call for hearing or allow the trademark filing to proceed or reject the trademark application.
Prior to a trademark application being registered, the Trademark Registrar would publish the mark to be registered in the Trademark Journal and allow a period of 90 days for any person to raise an opposition. e-DiNero. Group can help you manage trademark oppositions or file an application opposing registration of any other mark published in the Trademark Journal.