Have you ever felt the need to buy a product purely because of its association with the brand? The modern consumers of India are well aware of the uniqueness of the logos, marks, and signs used by various different brands and easily recognize and associate such business. What Indian consumers have lesser awareness of, however, is that such marks, logos, and signs are trademarks and represent the intellectual property of the businesses they are associated with. If you are a business or startup, understanding how to register a trademark in India is crucial to protect your brand and complete your trademark registration online smoothly.
What is a Trademark?
Trademark is a form of intellectual property that represents the goods and/or services provided by a business organization and differentiates them from those provided by other business organizations in the market based on the source of such goods and/or services. Since the value of any business organization in this modern world is determined in both monetary and ‘brand equity’/’brand identity’ values, having a trademark is helpful for business organizations to connect with consumers and business organizations in general and establish brand association and loyalty for their goods and/or services and thereby increase profits and be competitive in relation to contemporaries.
Therefore, it is advisable for any individual/entity that intends to start a business in India to register a trademark or apply for trademark online in order to legally protect their brand identity.
Trademark Registration
In order to enjoy the protection of the trademark law, it is important to register trademark online through the official government portal. It is important to register your trademark because this will prevent others from using your trademark and using it to sell their own products. Trademarks help the customers to identify the brand and brand value in a single glance, for example, the logo of a tick sign for Nike or a jumping wild cat for Puma etc.
Unlike patents, the trademark does not have any specific period of limitation. When a patent is for a period of 20 years, in the case of a trademark, it is for a period of 10 years from the date of its registration, but in contrast to patents, the trademark can be renewed for another period of 10 years. This can be continued indefinitely, meaning as long as you continue to renew the trademark, it will not expire and will be under the protection of the Act.
Pre-Filing Stage: Trademark Search
The very first step in the procedure of how to apply for trademark is a thorough registered trademark search. This is an important preliminary investigation to ensure that the trademarks do not exist in the market. Conducting a trademark registration search helps businesses avoid conflicts with existing trademarks.
To conduct a thorough online search of the trademarks, one may visit the website trademarkindia.gov.in. The government website has a facility for searching registered trademarks and performing a registered trademark search before starting the trademark registration online process.
Filing of the Trademark Application Online
The following step in the procedure for the trademark registration online process is the filing of the trademark application online. After being satisfied with the uniqueness of the trademark, the applicant can proceed to apply for trademark online. The official online platform for filing a trademark application in India is the website of the Controller General of Patents, Designs, and Trademarks (CGPDTM) (trademarkindia.gov.in). The steps for filing a trademark application online are as follows:
Businesses that prefer expert guidance often choose a professional trademark registration service to ensure that the process of register trademark online is completed correctly.
Information Required during the Brand Registration Process
The following are the key information required during the brand registration process:
- Logo/ Representation of the Trademark
- Name and Address of the Applicant
- Class of the Trademark
- Date of First Use (for applicable trademarks)
- Description of Goods/ Services
These details are essential when you apply for trademark online or submit documents for trademark registration.
Post Filing and Examination
The moment your trademark application has been successfully filed online, you will receive an allotment number for your application. You may track the status of your application by using this number and the tracking feature provided by the CGPDTM website. It is also customary for applicants to use the â„¢ symbol adjacent to the trademark after they have obtained the application number. This indicates that the applicant has already applied for trademark registration.
After the application has been filed, the trademark application goes through a Vienna Codification process. This is an international classification system for the figurative part of the trademark. The Vienna Codification system was developed by the Vienna Agreement.
After the Vienna Codification has been completed for your application, it is allocated to a Trademark Officer. The Trademark Officer examines the application for its conformity with the regulations and for its trademark registration.
If the Trademark Officer has objections, the applicant may respond and make the case by submitting the application through the official trademark registration online system.
Publication and Opposition
After your trademark application is accepted by the Trademark Officer, the next step in the trademark registration online process is the publication of your trademark application in the Trademark Journal. This journal is a weekly publication by the Trademark Registry and serves as a public notice of your trademark application.
The publication process allows any party that thinks it may be negatively impacted by your trademark registration to formally oppose your trademark application.
The period for opposition is 90 days from the date of publication in the Trademark Journal.
Some of the reasons for opposition include:
- Similarity to a registered trademark
- Descriptive or generic trademark
- Deceptive or misrepresentative trademark
- Violation of existing intellectual properties
Trademark Registration
After the completion of the trademark process and no opposition is generated within the 90-day span or the opposition fails, your trademark application gets registered by the Trademark Registry. A certificate against the same will be issued in order to prove your ownership and your exclusive rights to use in association with your products and services.
The issuance of the trademark certificate marks your trademark registration officially, and now you have the permission to use the ® symbol (the registered trademark symbol) next to your mark.
Conclusion
The trademark registration online procedure in India, though a multifaceted procedure, is becoming more simplified. Businesses and startups can now easily apply for trademark online, conduct a trademark registration search, and even use professional trademark registration services to streamline the process.
The trademark registration procedure is an important investment for the future of your brand, protecting it from infringement and helping build brand recognition and customer trust.
