Trademark registration is the process of registering a company's logo, brand name, etc. to secure legal protection against its use by the others. But it is not necessary that the...
What is a Trademark?
A Trademark is a special logo or a brand that can be used for distinguishing your products from your competitors. By trademark registration, you can protect your unique idea of presentation of your brand or a logo by legally restricting other people and/or your competitors from using your brand or logo or even your tagline. In this article, we will discuss Procedure to Apply for Trademark Registration?
What is the procedure for trademark registration?
Step 1- Find an appropriate yet catchy brand name for your trademark registration.
Picking up a quirky unique brand name is a wise way since most generic names would be rather predictable and yours should stand out in the crowd. You could try picking multiple generic names and invent or coin words with their mix to create a completely unique brand name for yourself.
Step 2 –Preparing application for trademark registration.
Following are documents you’d require along with the application for the Trademark Registration.
- Proof of business Registration.
- Photo Identity proof of the directors of your company.
- Address proof of the same people.
- Only Identity proof along with PAN card and Aadhaar card could be submitted.
- However in case of companies, address proof of the company will need to be submitted.
- And the last but not the least, the soft copy of the trademark.
The proof of the claim that’s applicable to the proposed mark could be used in another country.
- Power of attorney signed by the supposed applicant.
Step 3 – Application filling of the trademark registration.
There are two ways of filling for trademark registration, one is manual filling and other is e-filling. If you decide to go for manual filling then you’ll have to go and hand over your application for Trademark Registration personally to the registrar’s office of trademarks. The office is situated in major big cities like Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad. After applying, there’s a waiting period of at least 15 to 20 days for receiving the receipt of the acknowledgment.
However, if you decide to go for re-filling of the application you will receive the receipt of acknowledgment quite instantly through the government website. Once you receive your receipt of the acknowledgment, you are now eligible for the use of your trademark name along with (TM symbol) beside the name of your brand.
Step 4- The process of examining the brand name application of trademark registration.
After dispatching application, the registrar will check if you’ve followed certain terms and conditions that your brand name complies with the existing law. There should also not be any conflict or dispute with the already existing or pending brands there for their trademark registration.
Step 5- Publication of brand in the journal of the trademark in India.
After examining, the registrar shall publish your brand name in Indian trademark journal. This is the most important part of all of the trademark registration and if there’s no opposition for 3 months after publication and sometimes 4 months then the brand name proceeds to acceptance.
Step 6- The issue of a certificate of trademark registration.
The registrar shall accept your trademark application if there hasn’t been any opposition from anywhere then the registrar will issue your trademark registration certificate with registry seal on it.