How To Register Trademark in India: Easy Steps To Follow in 2024

Introduction

If you're a business owner looking to safeguard your brand's identity and secure exclusive rights over elements like logos, brand names, and slogans, it's crucial to understand how to register a trademark in India online and apply for a trademark. Registering a trademark grants you ownership and the ability to take legal action against any unauthorized use by third parties.

What is a trademark?

Trademarks are distinct and exclusive symbols utilized to distinguish products or services offered by a particular company. These symbols can take the form of designs, images, symbols, or even phrases. Their significance lies in their ability to set your products apart from those of your competitors.

A trademark holds a vital role in distinguishing a brand's offerings from those of its competitors. Generally, consumers connect a brand's products and services with its logo, unique characteristics, and overall quality.

The process of trademark registration entails the official registration of a trademark's name, logo, or symbol with the registrar of trademarks under the purview of Intellectual Property India. In India, the administration of trademark registration falls under the Trademarks Registration Act of 1999. So, now we will see how to register a trademark in India online.

Step-By-Step Procedure to Apply for Trademark Registration

Here's a complete breakdown of how to register trademark in India:

Step 1: Evaluate Trademark Eligibility

Before initiating the trademark registration process, ensure your proposed trademark aligns with the Trademarks Act of 1999. It must be distinctive, non-descriptive, and distinct from existing trademarks. Evaluate its uniqueness and potential for confusion with others. Conduct a thorough search using the Government of India's Trademark Electronic Search System (TESS).

Step 2: Perform a Trademark Search

Confirm your trademark's availability by conducting a comprehensive search on the Intellectual Property India website. Check for existing trademarks similar to yours to prevent conflicts and enhance the registration process.

Step 3: Submit the Trademark Application

Submit your trademark application online through the Controller General of Patents, Design, and Trademarks' (CGPDTM) e-filing system. Provide applicant details, trademark specifics, and any priority claims.

Step 4: Examination of the Trademark Application

Once your application is filed, the Registrar of Trademarks undertakes a meticulous review to ensure its compliance with all legal prerequisites. It is imperative to select a brand name that possesses distinctiveness and avoids any resemblance to existing or pending trademarks throughout the registration process. This is why we recommend opting for a unique and distinctive brand name.

Step 5: Trademark Journal Publication

If your trademark application is accepted, it progresses to the publication phase. The approved application is published in the Trademark Journal and is open to the public. This publication allows the public to raise objections if the proposed trademark seems to conflict with existing ones.

Step 6: Addressing Opposition

In the event of opposition to the trademark application, the applicant is required to respond within a timeframe of 2 months. The response should include a counter statement asserting that the opposition lacks validity and that the trademark does not infringe upon any existing trademarks. Subsequently, the registrar re-examines the application and determines acceptance or rejection.

Step 7: Settling Fees

Upon submission of the trademark application, associated fees must also be settled. The fees are contingent on various factors, including the applicant's type and the scope of goods and services covered by the trademark. Following the submission of the trademark application, the prescribed fees can be remitted through online channels, net banking, credit/debit cards, or by using a demand draft.

Step 8: Receipt of the Trademark Registration Certificate

Upon completion of a trademark application process, the Registrar will approve if there are no oppositions raised within the specified 4-month period or following the acceptance of your application after a trademark opposition hearing. This moment marks a significant milestone, as the Registrar issues the Registration Certificate, adorned with the official Trademark Registry seal.

From the moment you receive your certificate, you gain the privilege of using the registered trademark symbol (®) alongside your brand name, signifying its official registration.

Conclusion

In summary, grasping the concepts of what is a trademark and how to register a trademark is crucial for small business prosperity. Registering a trademark safeguards your brand, proves legal ownership, and builds trust with customers. It's like putting a protective shield around your business name, logo, or slogan, making sure no one else can use them without your permission. While trademark registration is crucial, effectively managing your business's financial aspects is equally vital for sustained growth and success. If you are a business owner aiming to transition into online sales or facing challenges in establishing a substantial online presence, GoNukkad offers an excellent solution!