20 Mar 2019, 16:36 — 10 min read
Background: A trademark is an insignia, phrase or symbol that distinguishes your brand and products from the rest in the market. Having a trademark gives you the lawful right to protect your product, change or modify it and also prevents the misuse of your product and brand by some other person or company.
In recent times, while Trademark is emerging as an important asset for business entities to establish their presence in India and abroad, it is at the same time becoming vulnerable to copy by competitors. Therefore, it is crucial for business owners to have knowledge about trademarks and the procedures involved to register the same. Here is an effort to highlight the process to register a trademark in India and incidental matters related to registration.
Understanding the term 'Trademark'
A Trademark (popularly known as logo or brand) can be termed as a symbol, a mark, a label or an expression which represents an entity or goods or service and which is capable of distinguishing the goods and services than those of others in the industry.
It not only gives the registered owner an exclusive right to use such mark but also prevent its identity from being used by other competitors. Registration of trademark is now a necessity as it may become a valuable asset for the entity or an individual getting it registered.
Types of Different Marks
Validity of a trademark once registered
A trademark registered in India is valid for 10 years from the date of its registration, once expired, it can be renewed for further 10 years from the date of expiration by filing Form TM-R.
Procedure of renewal of a trademark
The Registrar of Trademark sends a notice to the registered owner of trademark to get the trademark renewed before expiration of trademark. In case the registered owner fails to renew within the time limit, the trademark can be renewed within further 6 months from expiration date after paying a late fee along with renewal charges if still the registered owner fails to renew then s/he gets extension of 6 more months in which s/he can restore the trademark by paying restoration fees.
Effect of registering a trademark
Once a trademark is registered with Registrar of Trademark, the registered owner gets an exclusive right to use such trademark. It is important to note that the conferred right is only limited to republic of India. If an entity wants to get the global protection, then it needs to apply for the registration in every country individually.
Steps to be followed to Register a Trademark in India
Important Details to be entered in Form TM-A
Different Marks used in Form TM-A and its meaning
Status of the Trademark Application:
Once an Application is filed, the applicant gets an Application number which enables him to check the status. One is required to check the status of Form from time to time at the Intellectual Property India government website under head Trademark Application / Registered Mark.
Following are the different types of Status:
Time Duration to register a Trademark
In the best cases the minimum time to be taken to register a Trademark is 8-12 months, in case there is Objection raised, it may lead to delay of a year and if there is opposition filed by a party then the Application may take nearly 2 years to get registered.
Fees to be paid for Trademark Application
Making Application for Correction to the Application
When some clerical error is required to be corrected in the filed Form, TM–M can be used to make such correction. Column (a) of Part B of is required to be filled in Form TM-M and can be filed within 30 days. Fees to be paid is INR 900 via online mode and INR 1,000/- via offline mode.
Trademark Application in multiple Classes
Multiple Trademark can be applied in one Form TM-A, important to note that fees for each class is to be paid separately. One Application number is generated for all Applications.
Author Disclaimer: Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, author is not responsible for any errors or omissions in the article therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not professional advice and is subject to change without notice. The author assumes no responsibility for the consequences of the use of such information.
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By Varun Bhagat