What is the procedure to register a trademark

Dated: 2024-03-27 23:55:05

What is the procedure to register a trademark in India and what should the application contain.

Answers by Lawyers

Introduction

A trademark serves as an identification of a business, by distinguishing services provided by one company with regard to other, thereby not causing any confusion. . It provides uniqueness to the services provided by the firm or a company by protecting the use of symbol, word, logo, slogan, design, domain name, etc. The purpose of trademark is to prevent the unfair competition. Since branding has attained a very great value in the economic as well as the advertisement world, today, it is very important to understand the trademark law.

Registering a trademark helps the business prosper by distinguishing it from the other similar services available. It saves the time of the consumer in searching or researching while purchasing goods or services. It helps in identification; indicates the trust, goodwill and the quality of the services or products associated with the trademarks. As the trademark acquires a face value with time, then it provides one a monopoly in the market.

 

Registration Process

Trademark registration in India follows the first come first serve model. So it is very necessary to get a trademark registered as soon as possible.

A trademark can be filed by the person who claims to provide the service or the goods related to the trademark.  It is always suggested and a followed practise that, a trademark chosen should be unique so that it does not face any objections in the future. Trademark search will reveal the all possible similar trademarks which pose as a threat, if any of the others seeks to object to your trademark.

 

Section 9 of the trademarks act, provides some absolute grounds for rejection of a trademark; those area as follows : -

  1. The trademark is decisive or can cause confusion in the public/
  2. Contains any matter which can likely hurt any religious susceptibilities of any class or section of the citizens of India.
  3. Contains scandalous or obscene matter.
  4. The use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950

 

Particulars to be mentioned while filing an application  

• Name, address and nationality of the proprietor;

• Party Type i.e. proprietorship, partnership, individual, HUF, body incorporated;

• Trademark to be applied for i.e. wordmark, device mark, label, composite mark etc.

• Language of the mark;

• Translation or Transliteration of the trademark (if any);

• Class of goods or services in respect of which the trademark is to be filed;

• Specification of goods or services in respect of which the trademark is to be filed;

• User detail of the trademark i.e. Proposed to be used or used since date;

• State of Jurisdiction of the trademark/ appropriate office;

• Address of service details;

• Condition or Disclaimer with the mark (if any);

• Associated trademark (if any);

• In case the application is a priority/ conventional application then priority details of the trademark;

[http://ipindia.nic.in/writereaddata/Portal/IPOGuidelinesManuals/1_32_1_tmr-draft-manual.pdf]

E-filing of trademarks

The below mentioned link provides an guide to file for a trademark online. This information is provided by the official website of  Comptroller General of Patent Designs and Trademarks

https://ipindiaonline.gov.in/trademarkefiling/UsefullDownloads/User_Manual_etrademarkfiling.pdf

Moreover, a very detailed official guide is also provided at;

http://ipindia.nic.in/writereaddata/Portal/IPOGuidelinesManuals/1_32_1_tmr-draft-manual.pdf

 

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