Trademark Filing
Trademark Filing
What is a Trademark?
Following the Indian Trademarks Act of 1999 (Section 2(zb)), a trademark is a distinctive marker that distinguishes products or services from competitors in the market. It encompasses various elements such as symbols, designs, expressions, or any identifiable feature linked to a specific brand. Remarkably, trademarks are open to ownership by individuals, corporations, or legal entities, making them accessible to a broad spectrum of entities and individuals alike.
Why Should You Register Your Trademark?
Trademark registration protects your rights to use the mark in association with your goods or services. It offers a robust shield against infringement, empowering you to take legal action against unauthorized trademark use. Upon successful registration, your trademark remains valid for ten years from the filing date, with the option to renew it indefinitely.
Who can Apply for Trademark Registration?
Trademark registration is open to a wide range of entities and individuals, including:
- Individuals
- Joint owners of a company
- Proprietorship firms
- Partnership firms (with a maximum of ten partners)
- Limited Liability Partnerships (LLPs)
- Indian companies
- Foreign companies
- Trusts
- Societies
Required Documents & Details for Online Trademark Registration
To initiate the online trademark registration process in India, you will need to furnish the following initial details:
In addition to these details, you will be required to submit the following documents to complete the online trademark registration process:
| Applicant Type | Required Documents |
|---|---|
| Individuals | PAN card |
| Aadhar card | |
| Proprietorship | GST certificate |
| PAN card | |
| Aadhar card | |
| Company | Incorporation certificate |
| Company PAN card | |
| MSME Certificate (if applicable) | |
| Logo (if applicable) | |
| Partnership Firms | Partnership deed |
| Partnership PAN card | |
| MSME registration certificate | |
| Logo (if applicable) | |
| Limited Liability Partnerships (LLPs) | LLP deed |
| Incorporation certificate | |
| LLP PAN card | |
| Logo (if applicable) | |
| Trusts | Trust deed |
| Trust PAN card | |
| Logo (if applicable) |
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One Class Trademark Filing
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MSME Registration
Trademark Filing Process in India
After completing the trademark search, the next step
is filing the trademark registration application with the Trademark
Registrar.
The Vienna Codification Process
The Vienna Classification, also called the Vienna Codification, is an
international system that categorizes the figurative elements of
trademarks. After filing the trademark registration application, the
Trademark Registrar will apply the Vienna classification to the
trademark’s figurative elements.
Trademark Examination
After completing the Vienna Codification, the
trademark registration application will be assigned to a Trademark
Registrar’s officer. The officer will assess the application for
accuracy and generate a trademark examination report. Based on this
report, the officer can accept the application, allow it for trademark
journal publication, or raise objections to the registration process.
In the event of objections, the applicant can address the concerns
before the Trademark Officer. If the officer finds the justifications
satisfactory, the trademark will be approved for publication in the
Trademark Journal.
Trademark Journal Publication
Once the Trademark Registrar accepts the application, the trademark
will be published in the Trademark journal. This journal, published
weekly, contains details of all trademarks the Registrar receives.
Members of the public have the opportunity to raise objections if they
believe the trademark registration could harm their interests. If no
objections are submitted within 90 days of publication, the trademark
will be registered within 12 weeks.
Trademark Hearing
A Trademark Hearing Officer will schedule a hearing if a third party
objects to the application. Both the applicant and the opposing party
have the chance to present their arguments. Based on the hearings and
evidence, the Trademark Hearing Officer will decide whether to accept or
reject the application.
Trademark Registration
In cases where no objections or oppositions are raised, the trademark registration
certificate will be prepared and issued. A trademark is officially
considered registered when the Trademark Registration Certificate is
issued, granting the owner exclusive rights to the mark.
At this point, the ® symbol can be added to the logo or trademark.
Trademark Objection
Trademark objections
are typically one of the initial stages in the trademark registration
process. Instead of outright denial, the Registrar seeks valid reasons
or explanations regarding the trademark’s registrability.
Trademark Opposition
Trademark opposition
occurs when a third party files an objection against registering a
trademark. The Registry accepts oppositions from any natural or legal
person, including individuals, businesses, partnership firms, and
trusts.
Trademark Renewal
After successfully registering your trademark, it remains valid for
ten years from the filing date. To ensure the continued protection of
your trademark, it is imperative to renew it every ten years.