How to Register Trademarks in India? By: Naina Agarwal

[1] The Trademark Act, 1999, Section 2(zb).

[2] The Trademark Act, 1999, Section 25.

[3] The Trademark Act, 1999, Section 18.

[4] The Trademark Act, 1999, Section 23.

[5] The Trademark Act, 1999, Section 28.

What is a trademark?

Simply, trademark is a symbol or logo which represents one’s business. Hence, it can be a symbol, brand, logo, label, tagline or combination of these which are used by service providers or manufacturers in order to identify their product or service in plethora of other manufacturer’s product or services. Therefore, it helps to distinguish owner’s product or service with those of the competitors.[1]

For example, Coca Cola and Pepsi are two different trade marks in beverages category which helps in distinguishing their background, source or origin of product in order to indicate different quality.

Trademarks not only helps in identifying the product but it also ensures guarantee as to quality and helps in advertisement of the product or service.

Trademarks in India

In India, trademarks are registered under Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry. Such trademarks are registered under Trademark Act, 1999 and it provides the right to owner to sue for damages in case of infringement. Hence, it is cautioned that the trademarks close to or similar to existing ones are not registered as they become deceptive in nature and might confuse general public.

Who can apply for trademark?

Any person, individual, proprietor, company or any entity having legal identity of its own can apply for such trademarks. The application can be filed within a short period and one can start using Ô symbol. All the formalities are basically completed within 18-24 months. One can simply use Ò next to the trademark after the registration certificate is issued. Once, a trademark is registered, it is valid for 10 years from the date of filing and can be renewed whenever required.[2]

Different types of trademark

1. Name
2. Invented word or new coined catchy terms
3. Sound marks in audio format
4. Alphanumeric or letters or combination of those
5. Symbol, logo, shapes etc.

What are the documents required for filing a trademark in India?

1. Trademark copy
2. Details of applicant like name, address, nationality
3. Product or service to be registered
4. In case of prior application, the first date of use of trademark
5. Power of attorney signed by the applicant.

Registration of trademark

Following are the steps required for filing of trademark:

1. Trademark Search: The following search is conducted in order to assure that the logo or symbol that is being aimed to get trademark is unique and not similar, deceptive or registered earlier. This is to be done by trademark agent or attorney through trademark office. Such can be done through both online and offline modes. It is also recommended that it should be done in both ways in order to avoid chaos. Once, the symbol or logo is found unique, one can move to next step.

2. Trademark Application[3]: The trademark attorney will draft a trademark application after the search is being conducted. Such can be done only when the symbol is found unique, or one rightly claims it to be rightfully yours since it is being in use since a long time period. Following documents are to submitted:

1. Business registration proof
2. Soft copy of trademark
3. Power of attorney signed by applicant
4. Proof of claim of proposed mark can be used in another country

3. Filing of application of registration of brand name: There are two ways of filing the registration: manual and online. In case of manual, one has to personally hand over the application to registrar office of trade marks. In case of online mode, receipt for such can be acquired instantly. Hence, after receiving acknowledgement one can start using Ô symbol. It usually takes 2-3 days to complete the process.

Why should one file an application for trademark?

Filing of application provides numerous benefits. Some of them are:

1. One gets an exclusive right over it.
2. Protect the brand and other assets belonging to one’s country.
3. It helps in earning goodwill for the business.
4. One can refrain others from advertising his product in their names.
5. It provides nationwide protection to trade.

4. Examination of application for symbol: The trademark office will check if the symbol is unique or already in use. A trademark objection can be issued in case it is being in use by some other individual or entity.
5. Publication in Trademark Journal: If there is no objection, then such logo or symbol will be published in Trademark Journal. Further, if other business does not object within 4 months, then such can be registered within 6 months.

In the process of registration, following are the steps to be fulfilled:

1. Authorize a trademark agent to represent oneself.
2. Trademark attorney conducts a search.
3. Trademark attorney drafts trademark application and checks that such symbol is not being used by any other person or entity.
4. The trademark attorney will file trademark application with trademark office and send the receipt.
5. After, few days, trademark agent will send the original representation sheet of trademark has been filed with trademark office.

It usually takes around 18 months to 2 years for trademark office to decide whether such can be granted or not. In case of objections, it might take a little longer.  

Cost for registration:

6. Issuance of trademark certificate: If there is objection, then the Registrar issues the certificate of trademark with trademark registry seal.[4]

Once, the certificate is issued, one is eligible to use Ò symbol besides the brand name[5].