How to Register a Trademark in India

Presented generously is the comprehensive gamut of precious information about the trademarks and the trademark registrations in all across India, in ours this diligently prepared web article. Our full-service and full-fledged law firm is an immensely popular and one of the leading IPR law firms of India, with service coverage worldwide. Both the national or domestic and international and worldwide categories of trademark registrations proposed by companies belonging to all economic sectors concerned, have been well-supported by ours expert trademark lawyers of international stature and repute.
As is well-known, the trademark registration is absolutely essential for giving a unique identity and striking prominence to the products or services of a company or service firm, within the concerned marketplace. Besides this, a highly imaginative and impressive trademark or service mark helps as a very effective catalyst for progress, popularity, and profitability of the business of the said company.

What is a Trademark or Service Mark?

Anything that distinguishes the products or services of a company from those of other companies in the concerned jurisdictional market is generically known as a trademark (TM) or service mark (SM). The term "trademark" is commonly applied to products of a company, and for representing services of a service-providing company, the special wording is a "service mark". Any distinctive mark, figure, sign, wording, or indication, can be selected for giving a distinguishing and impressive marking on the products or services of a company, within the specified jurisdiction. We help companies and firms comprehensively and ingeniously in Trademark Creation of desired type and form, for doing business or profession in any sector of occupation and economy.

Types and Nature of Trademarks

The most prominent and common trademarks contain any one or more of the things like a word or letter, numeral, graphical figure, a certain wording or phrase, any sign or signature, a distinctive combination of colors, 2D or 3D shapes, sound mark(s), or any distinct indication. Here, the most important thing is that the selected trademark or service mark must not be even partially similar to the trademarks or service marks of other companies and firms which are located in the same country, in order to avert the cases of official rejection from registration, trademark opposition, or trademark infringement litigation. To verify originality and uniqueness of a newly created trademark or service mark, the task of Trademark Search is performed through the trademark databases kept in the jurisdictional trademark offices of the concerned country.

Trademark Classification

The trademark classification list gives detailed information about the various classes of trademarks and service marks pertaining to different fields of businesses, professions, and services. Since India is a fully active and respected member of most of the international trademark conventions and treaties (such as the TRIPS Agreement, Madrid Protocol, Berne Convention, and the European Community Trademark), the trademark classification list used in India is rather extensive and all-en-compassing. In India, there are a total of 45 classes of trademarks and service marks; eleven classes are allotted to the services in diverse sectors, and the remaining 34 are reserved for products in all economic sectors.

Trademark Symbols

For the ultimate purpose of fortifying that a particular trademark or service mark is properly registered with any trademark office of a country, trademark symbols are used. The most well-known trademark symbols used on products and services in India and abroad are ® (an encircled capital R) and TM. For service marks, the symbol SM, is also utilized specifically, in addition to the symbol TM.

Any of these trademark symbols is generally placed to the upper right of the preceding trademark in superscript style. Again, for a registered trademark, the most universal trademark symbol is ® this symbol cannot be used to represent an unregistered trademark or service mark. During the period, when a trademark is filed for registration and is under the process of registration, a company can use the symbol TM or SM on products, for the purposes of commercial dealings and transactions or advertisement.

Trademark Offices in India

As India is a vast country with the second largest population and one of the major and fast progressive economies of the world, there are as many as five well-established, big, and well-equipped trademark offices in all across India. These zonal trademark offices are located in Mumbai, New Delhi, Kolkata, Chennai, and Ahmedabad. These zonal trademark offices are responsible for registration, regulation, and controlling of trademarks and service marks, which belong to companies and firms in all economic sectors in entire India. Based on any specific location of the applicant entity, selection of any these provincial trademark offices are made for trademark registration, trademark renewal, or trademark opposition. The head trademark office of India is situated in Mumbai, that supervises and regulates the activities and responsibilities of all other regional trademark offices of the country.

Procedures for Trademark Registration in India

• The main and most significant tasks associated with registration of a trademark or service mark, are – Trademark Creation, Trademark Search, Trademark Application Filing, Official Examination and Verification, and Trademark Prosecution for Registration. Among these the first two tasks have already been discussed in the above paragraphs, and now in this section, we are offering necessary details about the remaining tasks or topics.
• The application for seeking proper registration of any newly created trademark or service mark, with any zonal trademark office of India, is made through the Form TM-1. The most important associated with this application form are – the prescribed registration fee, a soft copy of the proposed trademark in JPEG format, name and address of the applicant company or firm, trade-related descriptions of the proprietor company, concise information about the trademark or service mark being filed, the Class and Date of the very first use of this trademark, etc.
• After receipt of the trademark registration application, the trademark registry office will conduct necessary examination and verification of the filed trademark or service mark. After satisfactory results regarding the originality, perfectness, and uniqueness of the filed trademark within Indian jurisdictions, the trademark registry office publishes this trademark on the Indian Trade Marks Journal for a period of three months. Any company or firm may raise objection to registration of thus filed trademark, within this period, through the Form TM-5, submitted to the zonal Registrar of Trade Marks.
• If no objection has been raised by the owners of previously registered or filed trademarks, and then the forwarded trademark is given the final governmental approval and is perfectly registered. In case when objections by other entities are raised, sorting out of all affairs is made first before giving permission for its registration, through discussions in presence of the applicant and the opponent.
• Today, brisk e-filing of the trademark registration application is also well-facilitated with the website of the concerned zonal office of the trademark registry. Our well-informed and vibrant trademark lawyers of international repute are well-versed in e-filing of trademark registration applications on behalf of Indian and global clients. The lavish benefits of e-filing are – immediate receipt of the trademark application number and the filing date, assurance of an error-free filing, secure saving of all data in PC, ease in knowing the present status of the filed application and e-payment, promptness of the registration process, and so on.

Time-taken and Cost for Trademark Registration in India

In general, any zonal trademark office of India grants registration to any trademark or service mark well within a year. However, depending upon the status of uniqueness and infringement allegations by other entities, the registration of a trademark or service mark may take longer period of time.

At present, the governmental fee for registration of a trademark or service mark with any regional trademark office of India, is INR-3,500/-. This fee does not include the consultation fees, fees for preparing and filing the trademark registration application, and the fees for fighting any trademark opposition case.

Validity of a Registered Trademark

The time-period of recognition and validation to any registered trademark or service mark in all across India, is 10 (ten) years, from the date of its registration. Well within the elapse of this period, a trademark must be renewed further for next ten years, in order to enjoy governmental protection and the full gamut of trademark related rights. Given is brief information about the trademark renewal, hereunder.

Trademark Renewal

The application for renewal of any registered trademark or service mark is made in the Form TM-12, with the concerned zonal trademark office. At present, the trademark renewal fee is INR-5,000/-, for punctual renewals. For belated renewals (Form-10) and the restoration of removed trademarks (Form TM-13), the fees are INR-3,000/- and INR-5,000/-, respectively.

Trademark Opposition

In future, if any proposed trademark or service mark happens to be strikingly or objectionably similar to yours registered trademark, you can rigorously file a trademark opposition application in Form TM-5. The trademark opposition application is recommended to be filed within three months from the date of publication of the proposed trademark in the Indian Trade Marks Journal.