Trade mark Registration process

Trade mark is a symbol, combination of characters or numerals used by a company to uniquely identify its goods or services from others in the market. Trade mark registration can help prevent repetition or duplication of goods or service by competitors or other persons.

First of all, the knowledge of main documents required in the registration process of a trademark is the most important and first step in moving ahead towards it.

The following is the list of documents required for trade mark registration in India:

• Name of trademark/Copy of logo
• Applicant’s details like name and address.
• In case Applicant is a Company, a MSME certificate or startup certificate would be fruitful
• Description of goods or services represented by the mark..
• Power of attorney
• In case of prior usage, few old and current year invoices will be required.

Registration for trade mark can be easily done in four steps and they are as follows:

Step 1: Trademark search

The first step is trade mark search. The search should be done in both for various combinations of similar marks on the intellectual property website. In case similar marks are found, check the description to see if the mark represents the same set of goods or services proposed by you.

Step 2: Application preparation

In the second step, an application is prepared by the Trade Mark Attorney. Draft of POA will shared to the applicant for their signature and then accordingly the Form TM-A will be prepared for filing.

Step 3: Application filing

In the third step, the trade mark filing is completed with the Trade Mark Registry. The Government fee for registering a trade mark for an individual, start-up, small enterprise is Rs.4500. For all other types of applicants, the Government fee is Rs.9000.

Step 4: Examination

Step 5: Publication

The step of publication is incorporated in the trademark registration process so that anyone who is of opinion that the published mark is similar of theirs gets an  opportunity to oppose the same. If, after 4 months from publication there is no opposition, the trademark proceeds for registration. In case there is an opposition; then a counter statement needs to be submitted by the applicant, post that the evidence stage begins. Then there is a fair hearing and decision is given by the Registrar.

Step 6: Registration certificate

Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued.

Step 7: Renewal

The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually.

Conclusion

Getting a trademark registered in today’s fast pacing world is a necessity, in a world where it is easy to infringe ones trademark, everyone should be informed about their rights and should be informed. The biggest benefit to having a trade mark registered is for the protection of the brand and the business by contributing to the goodwill of the business. Further, having a strong brand can act as a bridge between the customer and the product by ensuring they are loyal and affiliated to the business for a long time. It is very important for a layman to understand the process of trademarks registration. In today’s world every third person is trying to move towards the corporate world and in this condition it is very important for everyone to learn the process of trademark registration by own.