The process for trademark registration in India is governed by the Trade Marks Act, 1999. Below is a step-by-step guide to register a trademark in India:
1. Trademark Search
- Conduct a trademark search to ensure that your desired trademark is unique and not already registered.
- You can search the Indian Trademark Registry database online (IP India website).
2. Prepare Trademark Application
- Gather the required information, including:
- Trademark logo or wordmark
- Applicant details (name, address, nationality)
- Trademark class based on goods/services
- Date of first use (if already in use)
- Power of Attorney (if filed through an agent)
3. Application Filing
- File the trademark application online through the official IP India website or physically at the Trademark Registry office.
- Form TM-A is used for trademark registration applications.
Filing Options:
- Online through the official portal: IP India
- Manual submission at designated registry offices
4. Trademark Application Number
- Upon successful submission, you will receive an application number that allows you to track the status of your application.
5. Examination by Trademark Office
- The Trademark Office reviews the application to ensure it complies with legal requirements.
- They may issue an Examination Report, which may either accept the mark or raise objections.
6. Response to Examination Report (if any)
- If objections are raised, a response must be filed within 30 days.
- In some cases, a hearing may be required.
7. Publication in the Trademark Journal
- If the application is accepted or objections are resolved, the trademark is published in the Trademark Journal for public opposition.
- The opposition period is 4 months from the publication date.
8. Opposition (if any)
- If no opposition is filed or if opposition proceedings are resolved in favor of the applicant, the application proceeds.
9. Registration and Issuance of Certificate
- The Trademark Office issues a Registration Certificate if no opposition is filed or if opposition proceedings are resolved.
10. Validity and Renewal
- The registered trademark is valid for 10 years and can be renewed indefinitely every 10 years by filing Form TM-R.
Documents Required
- Trademark logo (if applicable)
- Identity proof of the applicant (Aadhaar, Passport, PAN, etc.)
- Business registration proof (if applicable)
- Proof of trademark usage (if already in use)
- Power of Attorney (if an agent files the application)