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Trademark Registration Online

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A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services. By registering a trademark, you can prevent others from using your trademark without your permission, and you can also use the trademark registration as evidence of your ownership of the mark. In India, trademarks are registered with the Office of the Controller General of Patents, Designs, and Trademarks, which is a part of the Indian Intellectual Property Office (IIPO). To register a trademark in India, you will need to file a trademark application with the IIPO.


Documents Required

  • Business Brand Name and Tagline, if any

  • Business Activity

  • Address Proof of the Applicant

  • Signature and Photo of Applicant

  • Business Address

  • JPEG Format Brand Logo

  • Form-48 Signed

  • Incorporation certificate/Partnership Deed/MSME – If registered as a Company



Advantages of Trademark Registration in India:

  • Legal protection: A registered trademark provides legal protection to the owner of the trademark, allowing them to take legal action against anyone who uses the trademark without their permission.

  • Exclusive rights: Trademark registration gives the owner exclusive rights to use the trademark in connection with the goods and services for which it is registered. This means that others cannot use the same or a similar trademark for their own goods and services without the permission of the trademark owner.

  • Increased credibility: A registered trademark can enhance the credibility of a business, as it demonstrates that the business is committed to protecting its brand and its products or services.

  • Increased value: A registered trademark can increase the value of a business, as it can be licensed or sold to others for a fee.

  • Simplified legal proceedings: In the event of a dispute over the use of a trademark, a registered trademark can simplify legal proceedings, as it establishes the ownership of the trademark and the rights associated with it.

  • International protection: Trademark registration in India can serve as a basis for obtaining trademark protection in other countries through the use of international treaties such as the Madrid Protocol.

  • Increased marketing power: A registered trademark can help a business to build and maintain a strong brand identity, which can increase the marketing power of the business.

  • Increased customer loyalty: A registered trademark can help to build customer loyalty, as it allows customers to easily identify and distinguish the products or services of a particular business.

  • Simplified business expansion: A registered trademark can make it easier for a business to expand into new markets, as it can serve as a basis for obtaining trademark protection in those markets.

  • Increased business value: A registered trademark can increase the overall value of a business, as it can be included in the business's intangible assets and can be used as collateral for loans or other financing.



Procedure for trademark registration in India:

  • TM Search: The first step is to search the Trademark Registry's database to ensure that the desired trademark is available for use and registration.

  • Filing of trademark application: The next step is to file a trademark application with the Trademark Registry. The application must include a clear and accurate representation of the trademark, as well as a list of the goods and services for which the trademark will be used.

  • Examination: After the application is filed, it will be examined by a trademark examiner to ensure that it meets all the necessary legal requirements. If the examiner has any objections or issues with the application, they will be communicated to the applicant.

  • Publication: If the trademark application is accepted, it will be published in the Trademarks Journal, which is a weekly publication that lists all accepted trademarks. This gives other parties an opportunity to object to the registration of the trademark. 

  • Opposition: If any party wishes to oppose the registration of the trademark, they must file a notice of opposition with the Trademark Registry within four months of the date of publication.

  • Hearing: If a notice of opposition is filed, a hearing will be scheduled before the Intellectual Property Appellate Board (IPAB). Both the applicant and the opponent will have an opportunity to present their case before the IPAB, and the IPAB will make a decision on whether to allow or refuse the registration of the trademark.

  • Registration: If the trademark is not opposed or if the opposition is unsuccessful, the trademark will be registered and a certificate of registration will be issued.

  • Renewal: A registered trademark must be renewed every ten years to remain in effect. The renewal process involves filing a renewal application and paying the renewal fee.

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