Ultimate Tips to Register Trademarks in India

By: Shanker Rungta

To register a trademark in India, one has to apply to the registration office of intellectual property of the respective state to start the process.

The total process takes about a year then the application undergoes several stages of examination.

Trademarks are the reputation of any business compose and identify with the goods or services. It is a sign which distinguishes a business from the other and comes with exclusive rights for the proprietor.

For what reason do you need a Trademark?

Trademark protects your brand and make it easier for the customers to relate and recall. It builds trust, altruism and provides an edge over others in the industry.

It usually is a sign, name, logo or a gadget which is perceived by the symbol 'TM' or 'R' and provides a brand name to the business. Any business compose can apply for a trademark, and the proprietor possesses the privilege to use his/her brand name to produce profits economically.

Once a trademark is registered, no other outsider can use a similar or indistinguishable mark.

How to register a Trademark?

Trademark Registration is a multi-step procedure which is administered by the Controller General of Patents, Designs, and Trademarks.

A registered trademark has legitimacy for 10 years, and the candidate can use a 'TM' mark with his/her brand name from the date of applying.

Here is the total process in detail –

Trademark Search

This is the underlying step in the process of registration, wherein the proposed trademark is checked for its distinctiveness. Trademark Search allows the candidate to search for similar trademarks.
The information includes registered, connected, opposed and protested trademarks which assist the substance with judging for the authenticity of the connected trademark.

Filing the application

When you select a trademark, you require applying with the Trademark Registrar. Ensure that you say the right class while applying for the trademark.

Trademark Class represents a set of distinct goods and services, and it is necessary to say the right class while applying.
Allotment of the following a number
At the point when the application is recorded successfully, an application number is allocated to the candidate by the Trademark Registrar. This number helps you to track the status of the trademark online.
You can use a 'TM' mark with the proposed trademark simply after you have gotten the application number.
Note: In case your trademark consists of any figure, design or shape then it will be sent for Vienna Codification according to the Vienna Agreement 1973.

Reviewing the application

This is an essential stage in the total application process wherein the analyst considers the application for its correctness. The decision depends on the registrar who can acknowledge, reject or protest the application.
Note: If the application is protested or dismissed by the inspector then the candidate has to show up before the officer and address to the reasons. In case the officer is not satisfied with the response then you can engage the Intellectual Property Appellate Board.

Publication in Trademark Journal

Once the Registrar acknowledges the trademark application, he/she sends it to publish in the Trademark Journal. In this stage, the proposed trademark is available to opposition by the outsider for about 90 days.
In case, nobody opposes the mark then the connected mark will be registered.

Note: When any outsider opposes a trademark application
a trademark application is opposed by any outsider, at that point both the parties need to show up in the court to justify their reasons on which the Registrar decides his/her last judgment.

Certificate of Registration

The total process takes about 18-24 months to finish contingent upon the time taken during an examination at each step.
Once the registration process is finished, the candidate receives a manuscript and endorsement of registration.
In the wake of accepting the testament, the candidate becomes a rightful proprietor of the trademark and can use the symbol 'R' alongside it.