Procedure to registered a trademark

what exactly does trade-marking a brand name mean?

Trademark registration of a brand name means nothing but brand name registration. It basically means, “this brand name is ours! And if you dare to use it to sell your products, we can sue you!”

In India, you can trademark any of the following or even a combination of these things:

Letter, Number, Word, Phrase, Logo, Graphic, Smell, Sound Mark or a Combination of Colors

So, what is the procedure of registering a trademark?

Step 1: Search for a “crazy-enough” brand name

You get the point, don’t you? Come up with a whacky and quirky brand name, because all the generic ones are any which way taken. Before zeroing in on one name, you might want to do a quick search to make sure that no one else is already using the name. And your best bet would be to use invented or coined words, in a combination with generic words.

Step 2: Making the trademark application

Now that your name is finalized upon, fill in the trademark application i.e. Form- TM 1. The application costs INR 3500 and is a one time fee.

Along with the application, you will need to submit a couple of supporting documents:

1. A Business registration concern: Depending on what type of a registered business you have, say sole proprietorship, etc. you will need to submit an identity proof of the directors of the company and an address proof.
2. An image of your brand logo in a standard size of 9 x 5 cms
3. If applicable, proof of claim of the proposed mark being used before in another country.

Step 3: Filling the brand name registration application

There are 2 ways to file the registration – manual filing or e-filling.

In case of manual filing, you will need to personally walk down and submit the application for registration to any one of the offices of the Registrar of Trade Marks located in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. After which you receive the acknowledgement of the application and the receipt, usually within 15-20 days of the filing.

But in e-filing system, the acknowledgement of the application is issued immediately.

And after you receive the acknowledgement, you can start using the (TM) symbol next to the brand name!

Step 4: Examining the brand name registration application

After receiving the application, the Registrar checks whether the brand name complies with the law and does not conflict or dispute with other existing registered or pending brands. That’s why we said, quirky brand name, people!

Step 5: Publication in the Indian Trade Mark Journals

After examination, the logo or brand name is published in the Indian Trade Mark Journal. If no one raises an opposition within 3 months i.e. 90 days or in some cases 120 days, from the date of publication, the brand name proceeds to acceptance.

Step 6: Issuance of the trademark registration certificate

If no one raises any opposition, within the stipulated 90 days period, the Registrar accepts the trademark application! Woohoo! And issues a Certificate of Registration under the seal of Trademark Registry.

You may now be allowed to use the registered trademark symbol (®) next to your brand name, once the certificate has been issued.