trademark Registration
How to Apply for Online Trademark Registration in India
Shivani Jain
| Updated: Jul 05, 2018 | Category: Trademark

How to Apply for Online Trademark Registration in India

The term “Online Trademark Registration” denotes the process for obtaining registration under the Trademarks Act 1999. In contrast, the term “Trademark” acts as a protection against the risk of Imitation and Replication. This protection is regarding the Brand, Logo, Symbol, and Name.

In total, there are 45 Trademark Classes, among which the applicant needs to select the correct class before filling the application for Registration.

In this blog, we will talk about the Concept and Process for Online Trademark Registration in India.

Concept of Trademark Registration

Trademark refers to a special symbol that provides protection and recognition to a specific product or service. It also helps the owner in differentiating his/her product or service from others that are available in the market. Therefore, Trademark denotes legal protection given to a specific product or service against infringement.

What is the Eligibility Criteria for Trademark Registration

In India, any individual, Limited Liability Partnership, and Company can apply for Trademark Registration by filing an application on the official portal.

Benefits of TM Registration in India

Benefits for Trademark Registration

The benefits of Trade Registration in India are as follows:

  1. Provides Business Growth Prospects;
  2. Offers Legal Protection;
  3. Gives Unique Identity;
  4. Acts as an Asset for Business;
  5. Enables Global Filing of Trademark;
  6. Provides Exclusive Rights;
  7. Increases Brand Value;
  8. Appreciates Goodwill of the Business;

Perquisites of Online Trademark Registration

Perquisites of Trademark Registration

The basic requirements for obtaining TM Registration in India are as follows:

  1. Details and Particulars of the Logo, Brand Name, Slogan, Caption for which Trademark Registration is needed;
  2. Date of the First Use;
  3. Particulars of the Trademark Owner, such as Name and Address;
  4. In the case of Company, details of all the Members and Directors;
  5. An authorisation Form named TM 48;
  6. Trademark Registration Fees;
  7. Certificate of MSME or Start-up India for availing of 50% Rebate on applicable government fees;

What Is The Procedure for Trademark Registration in India?

Trademark Registration procedure online can be done in India so it has become relatively easier. There is no longer any need for physically going to the trademark registration office for the registry. Just visit government website for trademark registration and file for an application.

Following is the Process for an Online Trademark Registration:-

  • Preparation of the very basic documents and brand logo regarding the trademark registration.
  • Filing of the trademark application via a form along with the payment of government fees and your attached representative trademark lawyer’s digital signature[1] .
  • Payment of the government fees with either a debit card or net banking.
  • Get the final acknowledgment via a receipt and then you can use “TM” beside your brand name that you’ve registered.

Examination Report

After about 90 days to 120 days which is roughly 3 months to 4 months from the filing of an application of the trademark. The registry department will examine your trade name and the logo according to the provision of the trademark act. After this, if an objection is raised then an issue report is generated that needs to be resolved by you within a given time frame. In case you fail to comply with that your trademark registration application will be canceled and you’ll have start all over again.

Trademark Publication

Once the application is accepted or in case of rejection it will be once you’ve resolved the issue, your trademark will be published inviting anyone to object if they have a good reason to. The publication is done in through the trademark journal of India.

Trademark Opposition

In case someone objects, like a person or a company on your trademark, then he or she is allowed to file an objection from the 4 months after the trademark is published along with evidence documents.

Final Trademark Registration Certificate

When nobody has objected or opposed then the respective trademark is issued and finally, the trademark registration certificate is granted. This trademark registration will remain valid for up to 10 years after which you’ll need to renew your Trademark Registration.

Procedure to Check Trademark Application Status

how to check trademark status online

The steps involved in the procedure of checking Trademark Status online are as follows:

  1. Visit the Official Portal at https://ipindiaonline.gov.in/eregister/eregister.aspx;
  2. Click on “ Trademark Application/ Registered Trademark”;
  3. After that Choose “National IRDAI Number”;
  4. Enter the Trademark Application Number;
  5. Now, enter the provided Captcha;
  6. Thereafter choose the option “View”;
  7. Lastly, the portal will display the status of the Trademark Application;

Difference between Trademark with other IP Rights

difference between trademark and others ip
Basis Trademark Registration Provisional Patent Permanent Patent Copyright
Regulatory Framework Trade Marks Act, 1999 The Patents Act, 1970 The Patents Act, 1970 The Copyright Act, 1957
Need for Registration Compulsory  for claiming exclusive right Compulsory in nature Mandatory in nature Optional in nature
Usage Brand Name and Logo Inventions Inventions Artistic and Creative work
Requirement for Provisional Application No, there is no need for any Provisional Application No, there is no need for any Provisional Application  Yes, there is no need for any Provisional Application No, there is no need for any Provisional Application
Symbolic Representation Yes, there is a specific Symbolic Representation No, there is no specific Symbolic Representation No, there is no specific Symbolic Representation Yes, there is a specific Symbolic Representation
Validity Period 10 years 1 year 20 years lifetime + 60 years after the death of  the creator.

Conclusion

If in case you are still in a dilemma or want to obtain Trademark Registration, reach out to Swarit Advisors. Our experts will not only provide you with a clear understanding of the concept but will also assist in the Process of Registration as well.

We also provide other services related to Trademark, such as Trademark Renewal, Trademark Objection, and Trademark Assignment.

Shivani Jain

Shivani has completed her B com LLB (Hons) and has the experience of writing various research papers during her college time. Earlier she was working as an Associate in a Delhi based Law Firm, but her interest in writing made her pursue Legal Content Writing as a career. Her core area of interest is in writing about various legal enactments, tax, and finance.

Top Rated CA
 

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