A trademark is the legal identity of your business. It can be a special sign such as a word or logo or symbol that helps other people to identify your business and their products. It represents that specific products belong to a particular company and not to be part of others in any way. For example, brand names or logos or slogans can all be considered as trademarks. 

In simple words you can say that your identity can be your registered intellectual property(IP) by registering for a trademark. It helps to build trust and value in the competitor market.

In this article, we try to explain trademark registration process India step by step guide.

What Is a Trademark?

Basically Trademark is one of the types of Intellectual property rights and you can trademark such as business brand names or logos or slogans etc., that helps to uniquely identify your business among others. By registering for a trademark, it becomes your valuable IP of your business.

After a successful registration of a trademark you will get exclusive rights of ownership so that only you can use or sell or license it. It ensures protection against any unauthorized access.

Why Is Trademark Registration Important?

Most common and major importance of Trademark Registration are followings:

• Brand Identity Protection

• Legal Ownership

• Uniquely Recognition

• Protection Against Misuse or Copying

• Helps to Improve Your Business

To avail these benefits you have to register trademark online in India

Types of Trademark ™

Different Types of Trademark are listed below:

Word Mark

It is the text name of your brand.

Logo Mark

It is a design a symbol of your brand

Service Mark

It represents your business services not products or goods.

Collective Mark

It is a mark used by any organization.

Step-by-Step Procedure of Trademark Registration

Now, time to understand the proper steps of ™ Registration:

Step 1: Trademark Search

First step is trademark search where you need to search whether your trademark already exists or taken or any similarity, if any one of these already present in existing trademark your trademark application can be rejected.

These steps are useful to prevent future legal problems.

Step 2: Choose the Right Class

Every Trademark belongs to a particular class based on type of goods and services. There are a total of 45 classes.

For example:

• Class 1 is for chemicals or industrial goods

• Class 5 is for pharmaceutics or sanitary products

• Class 45 is for Legal, Security or Personal Services

According to your business or service, you have to select a trademark that comes under the same category.

Step 3: File the Application

When you complete all the above steps, now you can file for a trademark. For trademark ™ filing, you need following details:

• Applicant Name

• Trademark such as logo or word

• Goods or services description

• Trademark Class

Now, you are ready to file for a trademark, whether you file yourself or through an IPR consultancy India. 

After successful submission, you will receive an application number.

Step 4: Examination by Authority

Once you file a trademark application, the trademark office will examine your application. They will check following details majorly:

• Is a trademark is unique

• Is there any similarity with existing one

• Is follows the legal compliances

If they find any issue, you will get an objection notice regarding your trademark application.

Step 5: Reply to Objection (applicable only if objected)

If an objection is raised by the examiner, you need to reply within a given time period. Mostly in the general case it is 30 days.

As a trademark Objection Reply, you need to explain points specifically e.g., why your trademark should be accepted. In some of the cases they scheduled a hearing.

If the examiner raises objections, you must reply within a given time.

You need to explain why your trademark should be accepted. Sometimes, a hearing may also be scheduled. If they are satisfied with your response, then your trademark will move for the next step.

Step 6: Publication in Trademark Journal

In this step, your trademark is finally published in the Trademark Journal.

This is a waiting window of 4 months where the trademark will be seen by the public, during this period anyone can object.

Step 7: Opposition (If Any)

If someone opposes your trademark during the waiting period, both parties need to present their arguments. After the arguments presented by both parties, trademark authority will decide whether your trademark will register or not.

If no one opposes during the waiting period or you win the cases or arguments, your trademark application will move forward.

Step 8: Trademark Registration Certificate

Finally in these steps, the trademark office will issue a trademark registration certificate. Now your trademark is formally registered.

From now on you can use the ® symbol for your trademark. This symbol helps to recognize others that your trademark is officially registered.

Validity of Trademark

A trademark is valid for 10 years, subjected to renewal every 10 years.

Documents Required for Trademark Registration

List of documents that are required during the process of Trademark Registration.

• Applicant Identity Proof

• Address proof

• Logo (if have)

• Business registration proof (in the case of “company”)

• Power of attorney (if filed by professionals)

Benefits of Registered Trademark

Legal Protection

Get legal rights to take action against misuse.

Exclusive Rights

It means only you can use it.

Brand Recognition

It helps to gain brand identity.

Business Value

A trademark helps to improve brand value and their presence in an Indian marketplace.

Conclusion

As we talked earlier about Trademark registration is important for any business to be successful and get registered as a uniquely present and identified by other competitors. 

Yes, it takes some time to complete the trademark process because it has multiple processes of approval, but once you register a trademark, it helps to strengthen legal rights and benefits for the future as well.

As last I would suggest with my knowledge if you are new in a business or startup, you should go for a trademark that helps to grow and authentic among the marketplace.