A. Introduction

Trademark registration process in India is required if a company/individual intend to possess the complete ownership of the mark and intend to protect it from the misuse by the third party. Trademark registration gives legal right to take appropriate action against the third party against an infringement of the trademark. Registering a trademark gives the owner exclusive right to use it for its products or services.                                                     

B.Trademark Benefits

Trademark registration has many benefit once your brand gains attraction. The little of yours will preserve a trademark for generation and develop in a identity, that associates the people with the spice brand. It gives you the ability to establish your right to the trademarked word, logo, and sound, graphic or an even color combination. It protects your “mark” by preventing similar names from being registered by other businesses operating in the space. It is an intangible asset to the business and builds the confidence of investor on the company.

C. Procedure for trademark registration in India

Trademark Registration

Step 1: The step is the selection of a trademark.

Step 2: It is advisable for the applicant to search the trademark records registry and ensures that the intended trademark does not resemble or identical the registered mark.

Step 3: The search can be done online or through the trademark.

Step 4: It is advisable to consult an experienced lawyer as they are well-versed in their profession and are be able to conduct an exhaustive search. Hire a lawyer if you think you have right on a particular trademark but if it is already registered. After thorough research, the application for registration in the trademark can be made in the prescribed form.

Cost: Rs.3,000 (per application per class) + lawyer’s fees

 a: The application for the registration of the trademark should contain the following particulars:Mark chosen to be registered, Trademark owner’s information.List of goods or services for which the trademark will be used.

 b: The application for a trademark can be made both Online application: A Class III Digital Signature is required. An application to the of the Trademark Registry is required.

 c: Once the application for the trademark registration is made, the Registrar will search for the uniqueness of name and will check the registered marks and pending applications to ascertain whether any such marks exists and to know the register-ability  of proposed mark as per the law.

 d: In case, of objection by the registrar for acceptance of application or propose to accept the application with certain term and conditions, amendments, limitations, etc. the same is communicated in writing to the applicant and the applicant has to communicate back regarding their cation within a period of three months.

So now, that you have your name, on to ling of Form TM-1. Each such form would contain only one application. So if you are registering the trademark in two classes (i.e. sectors): let’s say Relentless Garments and Relentless Computer, as well as having a separate logo for each, you would be making four applications. With government fees Rs.4,000 /-per application, the total would amount to Rs.12,000. Lawyer’s fee starts at Rs.200/- per application will amount to at least Rs.8,000-for 4 applications.

D.Issue of Examination Report

Time to Complete: 3 to 6 months.Cost: Free, but Rs.2000 to Rs.6000 in the case of any objection.

Now begins the process of questioning your claim to the trademark. First, the government will verify whether the application has any objections: Here’s what happens if there is:

No Objection: If there is no objection against the application made, then a letter of acceptance will be issued commonly known as TLA.

If there is an Objection Obscene unlawful and may hurt the sentiment of particular religion /religions.

If you wish to challenge the objection, then an additional fee Rs.3,000 as well as lawyer’s fee which is a minimum of Rs.3,000 to Rs.5,000 depending on the lawyer is charged. The lawyer will frame a response to the objection that has arisen and will present the distinctiveness of the trademark. Hence, it is required for a lawyer to be well informed and aware of business activities. If a government discarded the objection, the trademark will be eligible for advertisement in trade Mark journal.

E.Advertisement in Trade Marks

The trademark will be advertised in trademark journal once the application for registration of a trademark is accepted. It will give a third party an opportunity to oppose the published trademark.

The entry of a trademark will entail the date of registration, a list of goods or services for which it is registered and other particulars. The trademark registration generally will be 10 years and can be further renewed. No one opposes the particular trademark within four months of its publication in Trademark Journal, then a trademark registration certificate will be issued within 6 to 10 months. However, if there is any opposition by the third party, the process of obtaining certificate may extend to many more months. Both parties will get the opportunity to be heard.

F.Trademark Registration

Time to Complete: Up to 6 months. Cost: N.A

Approximately, average months of six months period will be required to issue a trademark certificate after the publication of advertisement in Trademark Journal.