How to register a Trademark in India?

Whether you are heading an up-and-coming startup or running a successful business, you cannot undermine the emphasis on brand awareness.

Consumers identify a name with quality, range of products, customer services, market reach, etc. Hence, every business needs a trademark to create a visual representation of its goods and services.

Trademarks usually refer to a brand name and a logo. It also secures your brand from counterfeiting and intellectual property violations as trademarks are unique.

Registration Process

It is pretty straightforward to register a trademark in India, and here we will break down the procedure –

1. Search for a unique trademark

While looking for a trademark, you need to remember two aspects – it needs to align with your company profile and goals, and it should be unique.

Spend time looking at similar trademarks at a national and international level to avoid trademark litigations.

2. Filling the application

Once you ensure the Trademark Registry of India does not include the chosen trademark, you can initiate registration.

You need to fill and submit the form TM-A on the official IP website or post it to the Trademark Registry office.

3. Application review by a government official

A Trademark Authority examiner reviews your application and compiles a report, which may include absolute or relative objections.

You will receive the file in 30 days. Similarly, applicants need to revert with arguments or evidence against a complaint within the next 30 days.

The examiner may also set a hearing date to resolve any issues before clearing the application.

4. Publication

Following the application approval, the Trademarks Journal advertises and publishes the newly registered trademark for four months.

It spreads the word about a new brand in the market and opens the floor for any mass objection. The weekly journal is available on the official website.

5. Potential opposition from the public

Any aggrieved person can oppose the new trademark registration following the advertisement.

They submit the notice through form TM-O, and the window is open for four months from the publication date.

As a business, the applicant should legally counter the claims through statements and evidence.

6. Registration certificate

Once a trademark registration and publication completes, the Trademark office can seal the process by issuing the registration certificate.

It is valid for ten years, following which a business needs to renew it to secure the brand name and logo.

Call to Action

You can seek assistance and clarify doubts from experts regarding the trademark application process by filling up the form on our website.