Trademark Registration - Online Filing
A trademark is a visual symbol, which may be a word, name, device, label or numeral used
by a business to distinguish its goods or services from other similar products or
services originating from a different business. A trademark is a protectable asset
under Indian laws and regulations. To protect a trademark from being copied by others,
the inventor of the word or symbol must apply for trademark registration with the Office
of Controller General of Patents Designs and Trademarks. The process for trademark
registration has various steps, and it is essential to hire an Expert for trademark
filing to maximise chances of registration.
Eligibility & Requirements
Any person or legal entity can file a trademark application in India. There is no
requirement for the mark to be used before applying. Hence, a trademark application
can be filed under the category of "Mark proposed to be used" if the inventor of the
word or mark wants to protect it before advertising the brand.
There is also no requirement for the trademark applicant to be an Indian citizen or
Indian business. Hence, any foreign national or foreign entity interested in
securing a trademark registration in India can file a trademark application
without any other requirements.
Trademark Registration Fundamentals
Before beginning the process of filing a trademark application,
the applicant needs to understand some basic concepts relating to trademark filing.
Trademark Class
The World Intellectual Property Office or WIPO has organised all goods and
services under 45 different classes. Hence, when a trademark application
is submitted - it must fall under one or more class. For example, the
trademark application for a bike called "FastSpring" would be filed under
Class 12, which pertains to vehicles. If the mark is registered under Class 12,
then no other person would be eligible to register an identical or similar mark
under the same class. On the other hand, if an applicant makes a trademark application
for "FastSpring" under a different class, if there are no conflicts - then the mark
would be registered under the different class. In case an applicants product or
service spans across classes, then multiple classes can be included in the trademark
application at an additional cost.
Jurisdiction
For a trademark to be legally protected in India, it must be registered in
India. Similarly, just because a mark is registered in India will not ensure
that the trademark is protected in other countries across the world. If the
trademark owner plans to take a brand international, then multiple trademark
applications in the respective countries must be filed.
Documents Required
To register a trademark the following documents should be uploaded on Ex-Legal Solutions platform:
1. Logo, if applicable.
2. Identity proof of the trademark owner
3. Incorporation certificate, if company or LLP
4. Address proof
Trademark Registration Process
At Ex-Legal Solutions, the process for registration of the trademark begins with a trademark search.
We can help you conduct a trademark search using the tool below to find marks across classes.
The Government trademark search tool can also be used to find identical or similar trademarks
under the same class. Once the trademark search is completed, you will have to determine whether
to proceed with the trademark application based on the details of identical or similar trademark
applications already filed with the Government.
In most cases where the mark is unique, on filing the trademark application, the Examiner would
verify all details and approve for the publishing of the mark in the Trade Marks Journal.
When the mark is published in the Journal, any person or entity would have the opportunity
to oppose registration of the mark. If the mark is not opposed, then the trademark certificate
is issued to the applicant with a validity of 10 years.
In case there are identical trademarks, then the process for registration could be lengthy and
costly - involving various legal procedures and hearings. If there are similar marks,
then the process could be quick or include objections and hearings - based on the Examiners
decision. If the Trademark Examiner determines that the mark is identical or similar to an
existing trademark application, he/she will issue a notice of objection. The objection notice
must be responded within 30 days. On responding to the notice, a Hearing date would be provided
for the applicant to present proof of use and submit arguments for registration of the mark.
In case your trademark application is objected by the Trademark Examiner, Ex-legal Solution can help
you with filing an objection reply or appearing on your behalf at hearings - at a nominal
additional cost.
Avoiding Trademark Application Rejection
To avoid the trademark application from being rejected, the following checklist can be helpful:
1. The mark is not similar to an existing application
2. The mark is not a well known or generic term like "Milk" or "Chair"
3. The mark is not deceptive or misleading people
4. The mark contains bad or offensive words
5. The mark contains words like Government or President or other well-known personalities
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