We have already discussed the need and necessity of a trademark for any business venture, enterprise or any products and services offering Individual or entity. Trademarks serve the purpose of providing a distinguishable Identity to the product or service being offered along with the right to sue for infringement or damages if a third party uses your trademark.
Registration of trademarks is done by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry (Government of India) in India. The registration has been provisioned by the Trademarks Act 1999.
Eligibility To Register For A Trademark
Under the Trademark Act 1999, any person claiming to be the owner or intends to own or use a particular trademark can register for it. Hence, it can be done by –
- Any individual
- Body of Persons (BoP)
- Partnership Firm
- Government Company
- Small enterprises etc
Steps To Register For A Trademark For A Company
The steps for registration of a trademark by a company are given as follows –
- Come up with a unique trademark and determine the class. This is one of the most quintessential steps as it will determine the acceptance or rejection of your trademark application.
- Conduct an availability search. The government has provided the facility on its portal to run an availability search to ensure that you are applying for a unique trademark and avoid any objections to your application. Visit the online database provided by Indian Controller General Of Patent Designs and Trademarks on their
- Proceed to register for it through Form TM-A. The fee that is charged for this form for Companies is ₹9,000. However if a company is registered under Startup India Scheme, the fees will be revised to ₹4,500 only.
- The following documents have to be attached with the application at the time of submission-
- Details of directors (in the case of multiple owners) which include address and identify proof
- Description of goods or services (in maximum 500 words)
- Image of your trademark (logo design)
- Date of incorporation
- Power of attorney (signed by applicant)
- The date of first use of the trademark in India if it has been used before
Also Read: How To Search Availability Of A Trademark?
- Online filing and physical filing both options are available as E-filing is simpler and acknowledgement of submission of application is immediately notified whereas in manual filing the acknowledgement comes within 15-20 days.
- Once you have submitted your application, the concerned officers will review it to the extent to ensure that there isn’t any other mark that is already registered and similar to yours or in any pending applications. If it is completely unique, this process will be much easier for you as it isn’t likely to invite any objection or opposition. In the event that any objection or opposition is raised, your application is heard by the concerned authorities and further decision is
- Once you have successfully come out of the scrutiny, your trademark is published in a reputed trademark journal and if there isn’t any opposition raised within 90 to 120 days, you can be assured of a successful
- Once this has been done, the Certificate of Registration will be provided to you that bears the seal.
Registering Trademark For A MSME
The steps to register for a small enterprise or startup, specifically an MSME are similar except for a major difference – Fee that is charged for the application is ₹4500.
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