How to register a trademark in India

How to register a trademark in IndiaTradeMark India

The procedure for registering the trademark should be as provided in the Trade Marks Act 1999. Any person who claims to be the proposer of a trademark can apply to the registrar to get his trademarks registered in any of the five registries at Mumbai, Chennai, Delhi, Kolkata and Ahmedabad according to the jurisdiction. The trademark application can be made in respect of one or more categories of goods or services prescribed under Schedule IV of the Trademark Rules 2002. The application which is subject to the scrutiny of the Register should be published in the Trademark Journal within six months from the date of acceptance by the Register. When the registrar finds that the mark is not in conflict with any of the pending applications or the previously registered marks and it is satisfied that it is not liable to be opposed under sections 9, 11 and 18 of the Trade Marks Act 1999 it can be registered as a trademark.

The Trademarks can be registered for a period of 10 years which can be renewed for another term of 10 years on payment of a prescribed fee. But if the person is not using the trademark continuously for a period of 5 years then it could be cancelled.

How to register a trademark in Mumbai

The government had made the Trademark office in Mumbai as the head of the trademark registration in India. Maharashtra, Madhya Pradesh, Chhattisgarh and Goa comes within its jurisdiction.

The procedure for registering the trademark in Mumbai starts in with the inquiry of any similar trademark as in every case. The application can be made in the Trademark Registry in Mumbai. The Registrar shall examine the application. After its publication in the trademark journal the third party can make an opposition within three months which can be extended to another 30 days for the maximum which the registrar is bound to decide. When it comes to the knowledge of the Registrar after careful analysis that there is no proper ground for opposition then the Trademark Registration Certificate can be granted.

How to register a trademark in Chennai

The Chennai Trademark Registry has the jurisdiction with respect to the states of Karnataka, Tamil Nadu, Andhra Pradesh, Kerala, Pondicherry and Lakshadweep. The application must be made to the Trademark Registry, Chennai as per the same procedure for registering the Trademark in India.

Trademark Registration in other areas

The Trademarks Registry, Delhi is having jurisdiction over Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Delhi and Chandigarh. Whereas the Kolkata and Ahmedabad is having jurisdiction over Assam, Arunachal Pradesh, Mizoram, Bihar, Orissa, West Bengal, Manipur, Mizoram, Sikkim, Tripura, Nagaland, Andaman-Nicobar islands and Gujarat, Rajasthan, Daman-Diu, Dadra-Nagar Haveli respectively.

Business Trademark Registration

Registering a business or procuring a license to run your business does not automatically grant you protection for your business name. For example, after months of planning, and frantically running everywhere to get your hands on capital, stock and proper furnishing you start your business under “abc proprietors”. With your devoted attention and whole hearted efforts you build up your business within a few years. But when you are ready to demand goodwill in the market, you are startled to find another business with the same business name “abc proprietors” running alongside you or in another locality. What would you do? You waste your precious time; energy and money which you could have put into more fruitful work on verbal arguments with your competitor or engage an expensive lawyer to do that for you.

Business Trademark Registration to avoid legal battles

Why take the risk? Simply registering your business does not grant you any proprietary rights on your business name. Competition would intensify after you start prospering. So armor yourself with trademark registration to protect you from unnecessary, time consuming and expensive legal battles.

Registering your business name alongside when you procure a license would grant you added advantage of planning beforehand years of expansion. Trademark search would protect you from unexpected surprises of finding another equally developed business with the same trade name.

For queries connected to business trademark registration and business trade name registration contact Biz and Legis. Call us on 9847182002.

What is a service mark

A service mark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of a service rather than goods. The term ‘trademark’ is often referred to both trademarks and service marks. If you understand what is a service mark trademark and wish to get a detailed consultation or guidelines on it, just contact our trademark attorneys.

Trademark Registration Procedure in India

Examination of Trademark Application in India

Role of Trademark Attorney in Registration

Do I need to register my trademark

Trademark Registration Need

You can build rights in a mark by authentic or legal use of the mark. However, owning a federally registered trademark would do well to your business. Following are the several advantages you enjoy if your trademark is federally registered.

  • Effective notice to the public of the registrant’s claim of the ownership of the trademark.
  • A legal identity of the registrant’s ownership of the mark and his right to use the mark throughout the nation in relation with the goods or services mentioned in the registration application.
  • The ability to bring an action in the federal court with regard to any infringement of the rights over the mark.
  • The right to use the US registration as a ground to obtain registration in foreign countries.
  • The right to file the registration with the Customs service to prevent import of infringing foreign goods.

Need of Registering a Trademark

How long does it take for a trademark to be registered

It takes about 12 to 18 months to get the trademark application processed and registered. It depends on various factors like objection from Registry or third parties.

What is considered a trademark conflict

A trademark distinguishes a business, company, product or service from those of its competitors. Similar trademarks or designs often mislead consumers worldwide.

When a third-party is found to be using a trademark similar to yours, there are chances of the business owner getting involved in a trademark conflict. Thus, it is a conflict between two companies or business over similar trademarks.

Indian Trademark Registry

All the applications pertaining to Trademark is filed at Trademark Registry. The trademark registry is governed by the Central Government. There are five Trademark Registry in India with Mumbai as the head office all others as its branches. The four branches are Delhi, Kolkata, Ahmedabad and Chennai. The government has prescribed territorial limits for the respective Trademark Registry. The register of the Trademarks will contain all the details including names, address, description of registered user etc., the Registrar has full authority to keep the information fully in disks, floppies or any electronic medium.

The Trademark applicant must select the Trademark Registry as per the jurisdiction of the Registry. The jurisdiction of each registry is checked with the applicant’s place of business or residential address. If you wish to know more about Indian trademark registry, or any related topics feel free to call trademark attorneys of Biz and Legis.

Role of Trademark Attorney in Registration

What support Trademark Attorney can do for trademark registration ?

A trademark attorney is a professional who is having extensive knowledge of trademarks and usually deals with all the court matters regarding Trademark. A Trademark attorney assists the Trademark holder. They guide the Trademark owner in proper Trademark registration and also makes sure that there mark does not infringe others marks. Many of the companies have appointed attorneys to take care of the Trademark matters. Trademark Attorney makes sure about all the legal aspects to be taken care while filing a Trademark. Attorney evaluates the risks involved in adopting a mark. The attorney makes the client understand every step of the procedure, if the client wants to go forward with the mark, then the attorney files the application and communicates with the office as required.

Role of Trademark Attorney in Registration

An attorney can represent his client in the infringement or dilution case, which includes preparing of all the paper works and presenting the client in the court. An attorney will also help the client in bringing lawsuit against another party over Trademark infringement. If you have any doubts remaining on role of trademark attorney in registration, simply call our expert trademark service team.

Trademark Registration Procedure in India

What is online trademark registration Procedure in India ?

Trademark registration can be done in many modes, such as filing the application in person to the registry, filing Trademark application by online.

Filing online application is one of the fastest and transparent methods. The initial procedure for filing online Trademark application starts with TRADEMARK SEARCH.

It is necessary and advisable to conduct a Trademark search in the relevant class to make sure that there is no similar or identical mark already registered or application being submitted for registration.

Filing of an application by a person claiming to be the proprietor of a trademark in the office of the Trademark registry, within the territorial limits of the place of business at India.

Trademark Registration Procedure in India

The registry examines the application to check whether there is any conflict with the existing marks and for which the examination report will be issued. if there is any likelihood of conflict an objection letter will be issued if there is no objection  the mark will be advertised in Trademark Journal.For every objection a reply should be given with evidence of usage.

The mark on being advertised in Trademark journal it is open to opposition by any aggrieved party. if the opposition has been heard in favor of the applicant then the mark will be registered. On registration the Registrar will issue a Trademark registered Certificate which is valid for a period of 10 years. Just call out trademark attorneys for getting more details on Trademark Registration Procedure in India.