How to Register Trademark in India?

February 6, 2017

2636

Trademark stands for “brand” or “logo”. It is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. It may be located on a package, a label, a voucher, or on the product itself. The main function of a trademark includes exclusively identify the origin of products or services.

It serves to identify a particular business as the source of goods or services. Certain exclusive rights attach to a registered mark. The registration of trademark is a legal process which has been provided under the Trade Marks Act, 1999.

In India, we can trademark any of the thing or either combination of it. It can be letter, number, word, phrase, logo, graphics, smell, sound, or the various combinations of colours. The initial procedure for the registration of any trademark is “no one else is already using the name”. With that we have to fill the application i.e., Form TM-1, which costs certain amount.

The registration process either goes manually or it can be e-filing. For the manual filing, person has to submit the application for registration to any one of the office of registrar of Trade Marks which are located in Mumbai, Delhi, Chennai, etc. After this we will receive the acknowledgement within 15-20 days of filing.

On the other hand in e-filing, the acknowledgment is issued immediately. After this, we can use the (TM) symbol next to brand name. With the application, registrar will check whether the brand name complies with the law or not, and does not have conflict or dispute with other already existing brand name. The further process in the registration is examination.

With completion of examination, the logo or brand name is published in Indian Trade Mark journal. If any of the person, who had not raised any issue within 90 days, or in certain special cases it goes with 120 days, then the brand name will proceed to the acceptance stage and issue a certificate of registration.

The registration process of trademark will takes between 13-18 months. The trademark is valid for 10 years, but after the 10 years it can be renewed. There may also arises the trademark infringement, which is when one party uses a trademark which is identical to another trademark, in relation to product or services which are identical to other.

Therefore, registration of the trademark provides the legal advantages for enforcement.

Author: This blog is written by Ms. Deepshikha Dabi, a passionate blogger & intern at Aapka Consultant.

Some of the related articles: