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How to E-Register Your Trademark in 6 Simple Steps

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Last Updated on May 27, 2024 by Swetha LLM

Safeguarding the identity of your brand is crucial in the current competitive landscape. Defending your brand against opponents or rivals is difficult. To keep protects your trademark from violation, you must e-register it. It will stop third parties from using your brand name without consent.

Through the website, you can file online for trademark safety. When an application is submitted electronically, the recognition is received immediately, as opposed to when it is filed manually. This suggests that you can start using the ™ sign instantly as the application process is complete.

What is a Trademark?

A trademark is everything you use—words, colours, logos (device marks), product shapes, sounds, and three sizes—to distinguish your products from those of your rivals. Alternatively stated, A trademark might be any word, phrase, logo, symbol, picture, design, or combination of these that designates the company that is the owner of the rights to a certain good or service. A trademark offers a unique identification to a product, service, or entity. Because of their distinct identity, they stick out from the throng.

Complete registration of a trademark is possible for both a person and a company. The legal process for registering a trademark online was created by the Trade Marks Act 1999.

Why is E-registration of Trademark Necessary?

The experts have recommended that you e-register your trademark for a number of reasons. Among the main explanations are the following:

  • You can electronically register and submit your application with only a computer click.
  • It will require less work than physical registration and will save you time and energy.
  • You do not need to shop around. You are not allowed to enter government department windows.
  • It is simple to complete and requires minimal money and time.
  • Once your application for e-registration has been submitted, you can check the status online.
  • You do not need to charge more for your work than the necessary government fees.
  • Online payment processing is available.

An Electronic Application Filing

To electronically register your trademark through the online portal of the Trademark Registry, you must have the following information.

  • Name of applicant
  • Evidence proving the applicant’s identity and company type (also the class)
  • Business goals
  • Name of brand, logo, or slogan (preferred trademark)
  • Address of registration

In order to monitor the progress of their registration, applicants are provided with a trademark number and application number.

E-Register Your Trademark in 6 Easy Steps

Follow the six simple steps enumerated below to complete the e-registration of your trademark in India:

Step 1: Select a Trademark and Determine the Class

Selecting a valuable trademark is not a simple task. To make sure it is not presently being used by someone else, a good trademark needs to be carefully considered and thoroughly researched. Seeking advice from an expert can be a good idea when choosing a trademark.

It’s important to determine which category your trademark of the business will go into after deciding on a catchy name for your beans. You must determine which of the 45 trademark classes—which are divided into distinct categories for different goods and services—when your trademark is appropriate.

This has been recommended since, as a payment, you are not familiar with trademark searches and other related matters; a professional can assist you here as well.

Step 2: Search for Trademarks

Searching for trademarks is the first step before submitting an application for trademark registration. To find out if the trademark you have selected is distinctive, carry out a trademark search. You must alter it prior to moving forward if a comparable or identical trademark has already been registered. You can move on to the process in the event that the trademark is found to be unique and free of objectionable and expressly protected symbols. Obtaining registration will become very difficult if the trademark is opposed. Consequently, a comprehensive trademark search must be carried out before e-registering your brand.

Step 3: Get the application ready and submit it

Prepare a good application and include all necessary documents with it in order to e-register your trademark. Check the application twice after it is finished to ensure that there are no errors. After everything is finished and attached, submit the application with the necessary fees in front of the trademark registrar.

Step 4: Examining Trademarks

After completing the tasks outlined in the preceding three steps, the trademark registrar will examine or verify your application. You will have to wait while they thoroughly inspect everything, which will take some time. A query will be triggered if something is missing from your application, which will be published in the trademark register if everything checks out. The time allotted to you to answer the question is limited.

Step 5: Publication of Trademarks and Opposition

The trademark application becomes public domain upon publication in the trademark journal. A trademark is published so that third parties may contest it if they so want. The application will be available to the general public for a brief period of time. Objections may be raised within this time, but they cannot be raised after the publication period has ended.

Step 6: Registration of Trademarks

Once the aforementioned stage is finished and it is determined that no objections were made or that the objections that were filed have been resolved, you will be granted trademark registration and receive a trademark registration certificate.

In conclusion

The six procedures listed above will make it simple for you to e-register your trademark in India. Registering a trademark is one of the most important procedures in starting a business. E-registration and physical trademark registration are the two accessible choices. You can choose which option to use, but we always advise e-registering your trademark.

Please don’t hesitate to reach out to us for our professional guidance if you feel that you are still lacking anything or not receiving what you need.

FAQs

  1. Describe a trademark.

To differentiate products and services from those of competitors, businesses utilize trademarks as distinctive symbols. It may consist of identifiers connected to a particular brand, such as designs, idioms, or symbols.

  1. What justifies trademark registration?

You retain your rights to use and receive legal protection against infringements by registering a trade mark. It shall be valid for a period of ten years and shall be valid for an unlimited period of time.

  1. In India, who can apply to register a trademark? 

Individuals, companies, partnerships, sole proprietorships, limited liability companies, foreign and Indian undertakings, trusts or societies are all allowed to register a trademark.

  1. Why is it required to do a trademark search?

A trademark search finds already existing trademarks in the market, assisting in ensuring the exclusivity and distinctiveness of your business. For this search, Kanakkupillai offers resources and assistance.

Swetha LLM

Swetha, LLM, a lawyer with skills in writing legal content, is passionate about simplifying complex legal concepts and engaging readers with her insights of nuanced legal ideas. She is able to preserve the accuracy of legal material while adjusting the tone and style to fit the audience.