How To Register Trademark in India Online? in Just 10 Steps

You can register your Trademark in India successfully if you follow these 10 Steps

Step 1

Choosing a unique brand name while naming your business

Do not make a blunder by naming or designing your company logo that appears to be like any other company name or logo, you may face legal action. Never copy any name or logo from the internet, it may be a registered name or logo, protected under trademark law. You must choose a unique name that represents your business and does not infringe any other registered trademark or under-process trademark applications.

Trademark Search

If you have followed step 1 thoroughly then there is no need to worry about step 2. Still, a trademark search must be done, and it is very important before filing the trademark application. This step is very crucial before filing for trademark registration because conducting a detailed trademark Search will help you know if your trademark is unique and distinct in nature. It also gives you a fair idea of your trademark registration chances and risk.

Step 2

Filing the Trademark Application

After conducting a trademark search, now you are ready to file an application for trademark registration. A trademark application can be filed by a registered lawyer, agent, or applicant. Being an applicant, you can file a trademark application on your own or you can hire a legal professional – a lawyer or agent. The trademark application must be filed in FORM TM-A either online at IP India’s official website or physically at the Trademark Registry Office according to your relevant jurisdiction.

Step 3

Allotment of Trademark Application Number

You will be allotted a trademark application number once your trademark application is submitted successfully. This trademark application number will help you track your trademark status online through the Trademark Online Search facility. Now you can keep a track of your trademark status and registration procedure.

Step 4

Trademark Examination

The Trademark examination stage comes when your trademark application is submitted successfully. After completion of the Vienna Codification, your trademark registration application will be thoroughly examined by Trademark Examiner for any discrepancies or objections. Your trademark might be accepted absolutely, conditionally, objected, or rejected, depending on your trademark application.

Step 5

Trademark Objections

After examining your trademark application, the trademark examiner will prepare an examination report.  A copy of this report will be sent to you to let you know if your trademark is accepted, conditionally accepted, objected, or rejected.

Step 6

Reply filing to Trademark Objections

If your trademark application is accepted absolutely by the Registrar of Trademark, the trademark will be published in the next Trademark Journal. If it is accepted conditionally, rejected, or objected to, you have the right of appearing before the Trademark Officer to respond to the concerns. If the registrar is satisfied and feels that the trademark should be allowed to register, your trademark would be allowed to publish in the next Trademark Journal.

Step 7

Publication in the Trademark Journal

When your trademark application is accepted, it will be advertised and published in the Trademark Journal for a period of 4 months to invite the general public to file an opposition against the registration of the proposed trademark. The general public has an opportunity to object to your trademark registration if they believe that your trademark will damage them. Anyone can file an objection with the trademark office.

Step 8

Registration of your Trademark

If no objections or opposition comes within the stipulated period of 4 months from the date of advertisement and publication in the Trademark Journal, The Trademark Registrar will issue a trademark registration certificate. A Trademark Registration certificate will grant you the trademark owner exclusive use of the mark. The ® symbol can now be placed with TM symbol next to the logo or trademark.

Step 9

Renewal of Trademark Registration

In India, trademark registration is valid for 10 years from the filing date of the trademark registration application, after that, it is required to be renewed within the prescribed period. The fees of trademark registration also become due and payable every ten years, w.e.f. the date of the filing of applications. Trademarks can be renewed indefinitely every 10 years. The registration of your logo or brand name is therefore permanently protected.

Step 10