A trademark, in simple words, is a sign, logo, or phrase used by a company or organization to identify its services or products in a non–competitive sphere. It is generally regulated under the Trademarks Act of 1999, which legalizes the protection of brand names with respect to their logo, name, figure, and even sound or shape. The owner, by virtue of trademark registration, is granted the right to use the trademark exclusively, and he or she avoids using the same by other unauthorized persons, which helps preserve the worth of the brand.
Trademark registration process in India normally includes filing an application with the Registrar of Trademarks followed by examination and publication of application for objections and registration if no objection is made. A registered trademark is for ten years, and it can be renewed for a lifetime. This system of registration and protection of trademarks is a favourable one in the running of businesses as it enhances confidence, brand loyalty, and recognition of the market. It also protects businesses in cases where such laws are violated.
The trademarks are among the tools that account for the intangible assets of every business and in this manner, encourage growth of the business. Therefore with the world commitments of India like classification of Nice and within law regimes, the trademarks promote competition without any monopoly and economic development.
How to Apply for a Trademark Registration?
Section 2(1)(zb) of the Trade Marks Act, 1999 defines a “trade mark” as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours; and –
(i) In relation to Chapter XII (other than section 107), a registered trademark or a mark used in relation to trade goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services as the case may be, and some person having the right as proprietor to use the mark; and
(ii) In relation to other provisions of this act among used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services as the case may be and some person having the right either as a proprietor or by way of the permitted user to use the Weather with or without any indication of the identity of that person and includes a certification trademark or collective mark.
To apply for trademark registration, there are two types of processes – Manual or physical filing of the application and other is digital or online. In a physical filing process, the application is to be filled out manually and physically submitted to the Front Office Counter of the Registrar of Trademarks along with payment and the acknowledgement receipt, which shall be received after fifteen to twenty days. While e-filing the application, the acknowledgement is received instantly.
The Head Office lies in Mumbai, while offices are also located in Delhi, Kolkata, Chennai and Ahmedabad.
- Trademark Search – Firstly choose a name for your trademark which is unique and different and is in line with the product, business or process. It should have a relation with the product or business of the company. After selection, it is important to search the proposed name in the Trademark Registry to ensure that the proposed name does not conflict with any existing registered trademark or any trademark, even where the registration application is pending.
- Find the classification of the proposed application – There are different and several classifications of trademarks and applications are also made and filed according to the said classification. Different forms are filed for different classifications. So, the next step is to check in which class of trademark the application needs to be made to the Registrar for registration.
- Submission of Documents – Documents such as identity proofs, address proofs, company details, details of the product or process for which trademark is obtained, bank account details, object and purpose, etc need to be prepared and kept ready for upload.
- Fill the Application – The application is filled out online in Form TM-A on the official website of the Controller General of Patents, Designs and Trade Marks (CGPDTM) which is www.ipindia.gov.in in the trade mark section of the website.
- Payment and acknowledgment – After successful submission of the application, payment needs to be made online and instantly the acknowledgment receipt is generated and sent to the applicant. The reference number in the acknowledgment receipt can be used for tracking the status of the trademark application.
- Trademark Examination – After the application has been lodged, the Registrar conducts a search regarding the mark to ensure it is free to comply with legal requirements and also free from potential conflicts with existing marks. If the Registrar comes across any discrepancy, it will serve notice of refusal if grounds exist for refusal. The applicant is given only one month in which to respond to the objections.
- Trademark Journal Publication – If the application passes the examination or has no objections, the trademark shall be advertised and published in the Trademark Journal. This stage allows the members of the public to lodge any objections within four months from the issue of advertisement or publication.
- Trademark Opposition – The Registrar allows a period of four months to invite any objection or claim or opposition from the public at large and entertains the case of opposition if proved, then the applicant and the opponent will plead before the Registrar of Trademarks. The registration proceeds if the judgment is in favour of the applicant.
- Trademark Registration – The Registrar shall issue a Trademark Registration Certificate in the event that the oppositions or objections do not exist or they are settled in a favorable light. Subsequently, the said trademark shall be inserted into the Trademark Register, and full rights to use this trademark shall be granted to its owner.
- Validity and Renewal – A registered trademark is valid for ten years from the date of its registration and can be subsequently renewed by making an application of TM renewal in the prescribed form to the Registrar.
Different Forms of Trademark Applications
There are plenty of forms for trademark applications that serve different purposes. It is difficult to enlist all of them below; however, the most common and generally used forms have been mentioned below –
- Form TM-A – for a fresh or new application for the trademark.
- Form TM-O – for filing Oppositions, Objections or Counter Statements.
- Form TM-R – for Restoration or Renewal of a previously registered trademark.
- Form TM-P – for adding a subsequent proprietor, extension of time, or registration of related matters or concerns.
- Form TM-U – for entry or cancellation of registered users or users for a registered or new trademark application.
- Form TM-C – is used to request to conduct a search and issue a certificate that the Registrar is satisfied with the search process.
- Form TM-M – for Miscellaneous concerns like applications for opposition or rectification or requests for a certified true copy of the registration certificate or duplicate certificate, etc.
- Form TM-G – for Trademark Agent Examination, Registration and Renewal.
Fees Structure and Payment Guide
The following table will help us to understand how the structure of fees looks for both physical filing and online applications –
| PARTICULARS | PHYSICAL APPLICATION (in Rs.) | ONLINE APPLICATION (in Rs.) |
| New Application (proprietor, startup, individual or MSME) | 5,000 | 4,500 |
| New Application (company, trust, partnership firm) | 10,000 | 9,000 |
| Renewal per class | 10,000 | 9,000 |
| Recording Assignment | 10,000 | 9,000 |
| Addition of registered user | 5,000 | 4,500 |
| For extension of time, CTC of registration certificate or duplicate registration certificate | 1,000 | 900 |
| To expedite the search and issue process | Not Allowed | 30,000 |
| Handling fees for international applications to the International Bureau with MM2(E) | Not Allowed | 5,000 |
| Request to include trademark in the list of well-known trademarks | Not Allowed | 1,00,000 |
| Opposition fee | 3,000 | 2,700 |
| Renewal with surcharge of Registration | 15,000 | 13,500 |
| Renewal with a surcharge with a surcharge of restoration | 20,000 | 18,000 |
| Dissolution of association or change in address of registered proprietors or request for entry or cancellation of entries in register | 1,000 | 900 |
| Request for search and issue under Rule 22(1) | 10,000 | 9,000 |
| Request for division of application or alteration of registration of collective trademarks | 2,000 | 1,800 |
| Variation or cancellation of entries of registered users | 5,000 | 4,500 |
| Review of Registrar’s decision or obtaining an order for an interlocutory matter or any other matter not covered in the forms | 3,000 | 2,700 |
| Registration of a Trademark Agent | 5,000 | 4,500 |
Now, all the above payments can be made via the online payment gateways on the official portal www.ipindia.gov.in by net banking or debit cards or through UPI in case of an online application. In case of a physical application, payment is made through a demand draft and submitted along with the application to the Registrar in the respective office. However, if there is an attorney or a Trademark Agent between the applicant and the Registrar, then payment can be directed through the hired agents as well.
There are per-class fees, and an individual will incur a higher cost if he or she takes up more than one class. Most everything that can be done online tends to be cost-effective and time-saving. One should prepare himself or herself with the right document to avoid any delay or extra cost incurred in the process. One should note that the fees of applying for a trademark by the government are non-refundable, irrespective of whether the government accepts or rejects the application. In this regard, it is very important that applicants provide correct classification and documentation so as not to incur unnecessary costs.
Conclusion
India has specified a process for registration of trademarks under the 1999 Trade Marks Act primarily aimed at safeguarding the competitive character and innovative aspect of various entities. Under this clear process, which involves a prior search followed by application, examination, publication and eventually registration, an applicant can confer legal protection over its trademark. This system is fair and just because it allows public objection to any application of a trademark that is almost similar to a trademark already in existence to prevent dilution of the trademark register.
It would thus be noted that absolute rights would be bestowed upon the owner of the trademark regarding the use of the registered mark based on successful registration of the trademark and enforcement action would be taken against any violation. This protects the brand image, as well as strengthens trust among consumers and, hence, the market share of the company. The trademark registration regime in India has international acclaim in terms of structure, follows all the principles of international practices, and also provides required support for business and contributes to economic growth.
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