Trademark Registration in India 10. FAQ

 

Trademark Registration in India 10. FAQ

There are many questions that may arise while intending to register your trademark. This blog highlights the top 10 questions from companies seeking trademark registration in India.

Once the company decides to protect its trademark, it starts with trademark registration and obtains the trademark registration certificate before starting the business. These are some of the frequently asked questions that can help you through the process.

1. What is the meaning of a brand?

Generally, a brand is a logo or trademark that you can use to differentiate your products from those of your rivals in the market. The term trademark is the legal term for intellectual property (intellectual property). You can also say that a brand is a name, a logo, a word, a symbol, an image, a design or a combination of these components. A trademark recognizes the trademark owner of a specific product or service.

2. What is trademark registration?

There is a definitive registration process in India, enshrined in the Trademark Act 1999. With the help of trademark registration or logo registration or trademark registration, the trademark or logo can be protected by restricting the use of the name by of other people.

3. How can a trademark be registered in India? What is the trademark registration process?

Here is the step by step guide with which an entity or person can register a trademark.

Choose or propose a name / logo / brand for the particular product or company name;

Choose which name / brand / logo / device you want to register as a trademark.

Trademark search: the first step in this direction can be done through the trademark search to make sure that there are identical trademarks already registered or not. It would help you overcome any grounds for refusing or rejecting a trademark application. You can also do a trademark search online.

4. How to file a trademark registration application?

Once the trademark search has been completed, it is possible to submit a trademark application with trademark registration. This request can be made offline by visiting the trademark office or online.

Inspection - once the application has been submitted it will be reviewed by the trademark examiner. Typically, this process takes 12 to 18 months to complete. The examiner may also ask for clarification of the application if there is a discrepancy, and this must be justified by the applicant.

Publication: after the exam, it must be published in the brand magazine. The purpose of the publication refers to any objection raised, if any, by any person or entity.

Registration: generally, after 3-4 months from such publication, the trademark office issues a registration certificate. It is possible to renew a trademark position within 10 years of its applicability, guaranteeing continuous protection.

5. What fee must be paid for trademark registration?

- When the applicant is a new / individual / small business, the rates for electronic submission will be Rs. Four thousand five hundred, while for physical filing the fees will be Rs. 5000.

- In all other cases, the electronic shipping costs would be Rs. 9000, and for the physical presentation, it would be Rs. 10,000.

6. Where should the registration of the trademark be requested?

The application for trademark registration can be presented in person at the counter of the office concerned or sent by post. These can also be submitted online through the electronic submission gateway available on the official website.

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7. Is trademark registration an online procedure?

Yes, the trademark can be registered online through an electronic submission gateway available on the official website. However, it can be physically mailed to the front office counter in the appropriate office or mailed. Additionally, it is highly recommended that you hire commercial services professionals who can help you navigate the right path to trademark registration.

8. How can you check the status of your trademark registration?

With the help of the following steps it is possible to check the status of the trademark;

Step One: Go to the IP INDIA website.

Step Two: Choose your national or IRDI number.

Step Three: Provide the trade mark application number.

Step Four: View Trademark Application Information.

9. What are some of the documents required for trademark registration?

Below are the necessary documents;

- Electronic copy of the trademark.

In the case of a HUF or an individual.

- Proof of identification.

- Verification of the address.

- Citizenship.

- Commercial registration document (if any).

In the case of LLP / company.

- Commercial operating license.

- Proof of company address.

- Certificate of incorporation.

In the case of the collaborating company.

- The act of association.

Apart from the cases mentioned above, there are no specific documents to submit. Different forms must be submitted for the different types of trademark registration applications.

10. How long does it take to obtain trademark registration?

Trademark registration is a very long and time-consuming process. It would take 18 to 24 months before its completion, without any opposition or objection. However, the trade mark application number will be assigned within one or two days of filing.

Extra: Can the ™ symbol be used in your logo after the trademark application has been filed?

Yes, the ™ symbol can be used when the trademark application is filed with a registration. Therefore, the ™ symbol is used to indicate that the trademark application has been completed and serves as a warning to offenders and counterfeiters.

Contact us for trademark registration

96, Sukhdev Vihar, New Delhi - 110025

    + 91-11-41085620

    + 91-11-46714072

    support@trademarkclick.com

   www.trademarkclick.com