Trademark Registration - Online Filing

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 maximize the chances of registration.

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.

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-

Trademark Class- 

 The World Intellectual Property Office or WIPO has organized all goods and services under 45 different classes. Hence, when a trademark application is submitted - it must fall under one or more classes. For example, the trademark application for a bike called "FastSpring" would be filed under Class 12, which pertains to vehicles.

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.

Documents Required-

To register a trademark the following documents should be uploaded on IndiaFilings platform:

• Logo

• Identity Proof Of Trademark Owner

• Incorporation Certificate, If Company Or LLP

• Address Proof

Trademark Registration Process- 

At IndiaFilings, 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 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, IndiaFilings can help you with filing an objection reply or appearing on your behalf at hearings - at a nominal additional cost.

Avoiding Trademark Application Rejection-

1. The mark is not similar to an existing application
2. The mark is not a well known or generic term like "Milk" or "Chair"
3. The mark is not deceptive or misleading people
4. The mark contains bad or offensive words
5. The mark contains words like Government or President or other well-known personalities.

Benefits Of Obtaining Trademark 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 a 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.