2018-08-08 23:58:55Starting a Business: Business Registration and SetupEnglishCompany trademark is a valuable asset that your small business owns. This article deals with everything you need to know about trademark...https://quickbooks.intuit.com/in/resources/in_qrc/uploads/2018/08/Indian-business-owners-work-in-office-while-discussing-trademark-registration.jpghttps://quickbooks.intuit.com/in/resources/starting-a-business-business-registration-and-setup/trademark-registration/Trademark Registration India: What You Should Know?

Trademark Registration India: What You Should Know?

7 min read

There are two ways through which an applicant can file Trademark Registration application. These include Manual Filing and E-filing.

Let’s understand how to file to file trademark registration application through both these methods.

1. Pre-Filing Search

The first step in application for trademark registration is to conduct a trademark search. This search can be done online with the help of the trademark database provided by intellectual property website.

For this, you need to simply visit intellectual property website http://www.ipindia.nic.in/ . Under the trademarks category on the home page of the website, simply select ‘Related Links’ Option from the primary drop down. Then further select ‘Public Search’ from the secondary drop down.

This will take you to an external website of intellectual property india https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx . Thus, this link helps you to publicly search whether the selected trademark is available or is already taken.

Further, you need to follow the steps below to conduct public search for your trademark:

  • In the ‘Search Type’ box at the top of the page, select “wordmark” as the search type option in the dropdown.
  • Then, choose a relevant option out of “Start With”, “Contains” and “Match With” to search for the trademark from the trademark database.
  • Next, specify the class of trademark that applies to your product or service. In order to know the classification of goods and services, check edition of “The International Classification of goods and services (NICE Classification)” provided by the World Intellectual Property Organization (WIPO).
  • Click on the search button to start the trademark search. If no matches are found for your trademark, this means that there is no company registered with your selected trademark name. Undertaking this search is extremely important before submitting the application for registration. This is to avoid rejection of your selected trademark on the grounds of its similarity with an existing trademark.

2. Application in Form TM – A

An applicant can apply for trademark registration both electronically and manually.

Following is the process of both online and offline application for trademark registration.

  • Manual Application

An applicant seeking to get registered the trademark of his brand manually can do so by making an application for the same. Such an application should be made in Form TM – A at the Office of Trademarks Registry. This application must be submitted in Trademark Office located within the territorial limits of the principal place of business of an applicant.

Here is the link to Form TM – A for trademark registration application.
http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/FORM-TM-A.pdf

The Trademarks Registry acts as a facilitator with regards to the issues related to trademark registration in India. Its main function is to register the trademarks that qualify for registration as per Trademarks’ Act and Rules.

Following are the territorial jurisdictions of the Trademarks Registry Offices across India.

TMR OfficeTerritorial Jurisdiction
MumbaiStates of Maharashtra, Madhya Pradesh, Goa and Chattisgarh
AhmedabadStates of Gujarat and Rajasthan and Union Territories of Daman, Diu, Dadra and Nagar Haveli
KolkataStates of Arunachal Pradesh, West Bengal, Orissa, Bihar, Assam, Meghalaya, Mizoram, Manipur, Sikkim, Tripura, Jharkhand and Union Territories of Nagaland, Andaman and Nicobar Islands
New DelhiStates of Jammu and Kashmir, Haryana, Punjab, Uttar Pradesh, Uttarakhand, Himachal Pradesh, Delhi and Union Territory of Chandigarh
ChennaiStates of Andhra Pradesh, Telangana, Kerala, Tamil Nadu, Karnataka and Union Territories of Pondicherry and Lakshadweep Island
  • Electronic Application

1. Go To Intellectual Property Website

2. Sign Up For Registration

In case you are a new user, you need to create your account in order to login to the Intellectual Property website for e-filing of trademark registration application. On clicking the ‘Sign Up’ button, the screen showcases the steps to register for trademark electronically.

Those steps are as follows:

  • You need to obtain a Class III or Class II digital signature from any of the Indian Certifying Authorities and install the same on your computer.
  • Then, as per the instructions given in the Digital Signature Manual link, you need to download and install the Signing Component. The link for the Signing Component is provided on the page itself for you to download.
  • Once this is done, you can click “Proceed For Registration” button.
  • Then, a screen appears that asks you to select the ‘Type of Applicant’. You can choose “Proprietor”, “Agent” or “Attorney” as per your need. Then, in the “Enter Code” field you need to generate a code if you are a first time user. To generate the code, click the “Search” button adjacent to the “Enter Code” field. Then, enter the name of the applicant in whose name the trademark needs to be registered and click “Submit. The next screen that appears shows a list of parties already registered with the same trade name with their respective codes. In order to generate a code for your name, click “Add New” button. Fill the details in the fields that appear on the screen like sole proprietor category, name, address etc and click submit. The screen will show a code and make a note of it. Now, go back to the page you were asked to fill the “Enter Code Field’. Enter the code and click “Process”.
  • On clicking “Process”, the screen displays the applicant name as well as the code. Further, you need to upload digital signature, create a password and enter details like email address, mobile number etc and then click “ Register”. These details will be sent to your registered email address as well as mobile number for future login.

3. Login To Your Account

On registering successfully on the Intellectual Property India portal, you need to go back to the Login page and enter the login details.

You can login both with the help of password or your digital signature.

4. Fill Form TM – A

Upload the above mentioned documents after filling the requisite details. Further, click “Digitally Sign and Submit” button. The screen will display that your signed data has been stored on the server successfully. Then click “Go Back”.

Once you login to your account, you need to select “New Form Filing” category on the left side of the screen. Then, choose “Form TM – A under this category and follow the instructions to fill this form.

After filling the requisite details, you also need to upload the relevant documents. Following are the documents that you need to upload according to the category of applicant you belong to.

Type of ApplicantDocuments Required
Individual or Sole Proprietor
  • Trademark Logo
  • Power of Attorney (in case an advocate files on behalf of sole proprietor)
  • Copy of Aadhaar Card
  • Copy of PAN Card
Company or LLP or Partnership
  • Trademark Logo
  • Certificate of Incorporation or Partnership Deed
  • Udyog Aadhaar Certificate
  • Power of Attorney (in case an advocate files on behalf of the company)

5. Digitally Sign and Submit The Form

Upload the above mentioned documents after filling the requisite details. Further, click “Digitally Sign and Submit” button. The screen will display that your signed data has been stored on the server successfully. Then click “Go Back”.

3. Fees For Application

  • In Case of Manual Filing

The Fees for physical filing of application for trademark registration is Rs 5,000. Form TM – A along with the prescribed fees must be made at one of the five offices of the Trademarks Registry mentioned above.

Once you click “Go Back” in the last step of electronic filing as mentioned above, click “Payments” category on the left side of the screen. Under “Payments” category, choose “Make Payment”.

The screen will display the details with regards to your trademark application saved on the server for registration. These details would include the class, form type, description, branch details, date of creation of the application and the fee for application. This amount is Rs 4,500.

Then, click on the make payment button. The screen will display the application number and the amount of fee payable. Check the box against “Agree Terms and Conditions” and make payment.

  • In Case of Electronic Filing

Information may be abridged and therefore incomplete. This document/information does not constitute, and should not be considered a substitute for, legal or financial advice. Each financial situation is different, the advice provided is intended to be general. Please contact your financial or legal advisors for information specific to your situation.

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