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India Trademark Registration

About the Service

In India, trademark law is regulated by The Trademarks Act, 1999, and the Trademarks Rules, 2002. A trademark is any mark capable of graphic representation that distinguishes goods or services, such as shapes, packaging, and color combinations. Section 7 of the Act aligns with the NICE Classification system, categorizing goods into classes 1-34 and services into classes 35-45. While trademark registration is not legally required, it is highly advisable to protect your mark from unauthorized use.

Trademarks differ from patents in that they have no fixed term; registration lasts for 10 years and can be renewed indefinitely. This offers perpetual protection for your brand. Maxinov provides expert assistance in navigating the trademark registration process and ensuring ongoing protection for your intellectual property.

Process of Trademark Registration in India

STEP 1

Selecting a Trademark

When embarking on the journey of trademark registration, the first crucial step is to select a unique and distinctive mark that effectively represents your product or company. Following this, it’s essential to determine the appropriate class for your trademark. There are 45 different classes under which a trademark can be registered, with Classes 1-34 dedicated to goods and Classes 35-45 reserved for services.

STEP 2

Trademark Search

Selecting a trademark is a critical step in establishing your brand identity. We emphasize the importance of conducting a thorough trademark search to ensure your chosen mark is unique and not already registered. Our experienced Trademark Agents and Attorneys perform comprehensive due diligence and availability searches at the Indian Trademark Registry. We meticulously examine whether any similar trademarks exist within the relevant class or related classes, ensuring your mark’s registrability under trademark law.

STEP 3

Filing Trademark Application

Following the analysis of the trademark search report, our trademark experts will prepare and draft a comprehensive trademark application to advance the registration process. In cases where the proposed mark is not distinct or bears similarities to existing trademarks, we will work closely with the client to amend or modify the mark before proceeding with the filing.

STEP 4

Application Allotment

After submitting a trademark application, it generally takes about one to two business days to receive an allotment number. Once this number is issued, the applicant gains the right to use the ‘TM’ symbol next to the trademark, indicating that the application is in process and signaling your claim to the mark.

STEP 5

Vienna Codification

The Registrar of Trademarks employs the Vienna Classification system to systematically categorize marks according to their figurative elements. This classification helps streamline the trademark examination process by organizing visual components into specific categories.

STEP 6

Publication in TM Journal

Once a trademark registration is approved by the registry, it is published in the weekly Trademark Journal by the Trademark Registry. This publication provides an opportunity for the public to conduct an opposition search and file any objections against the trademark registration within a 4-month period.

STEP 7

Registration of Trademark

Once your trademark application is submitted and registered with the Indian Trademark Office, our team at Maxinov ensures that it undergoes a thorough examination by trademark examiners. Following their review and approval, your trademark is officially registered. At this stage, you are authorized to use the trademark symbol alongside your mark, signifying that your trademark or service mark is officially recognized and protected by the Indian Trademark Office.

Details Required

  • Trademark/Logo you wish to Register.
  • Date of first use of the Trademark in India or confirmation that the Mark is ‘proposed to be used’.
  • Name, Address, Nationality, and Particulars of the Applicant (whether Individual, Society, Trust, Partnership Firm, or Company).
  • Details of Goods or Services for which registration is required.
  • Address for correspondence with Name, Phone Number, and Email id.
  • Power of Authority.

Timeline

1 - 2 Hour Consultation
2 - 3 Days Filing of the Mark
2 Hours Search Report
6 - 12 Months Registration

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FAQs

Trademark registration is not legally required, but it is strongly recommended. Registering your trademark provides prima facie evidence of ownership, which is crucial for asserting your rights. Additionally, having a registered trademark significantly strengthens your position if you need to pursue legal action against any infringement.

Yes, anyone can perform a public search for trademarks. To do so, visit the IP India website and navigate to the public search section for trademarks. A new window will open where you can enter the necessary details to conduct your search. However, given the complexities involved in trademark searches, it is advisable to obtain a detailed search report from a professional to ensure accuracy and comprehensiveness.

A trademark may indeed be subject to removal if it is not actively used. Specifically, if a trademark has not been utilized for a continuous period of five years from the date of its registration, it can be challenged and potentially removed due to non-use.

A trademark remains valid for a decade from its registration date. After this initial period, it can be renewed for subsequent 10-year terms by submitting a renewal application. This renewal process can continue indefinitely, ensuring the ongoing protection of your brand’s identity and assets.

A few exemplary benefits of a registered Trademark are given below:

  1. Provides Exclusive Right to the owner to use the mark in relation to his Goods and Services.
  2. Prevents and restricts others from using the same or similar mark.
  3. Provides remedies to the owner in case of infringement

Following marks can be registered under the Indian trademark law:

  1. Names
  2. Invented / Coined Words
  3. Numerals
  4. Letters
  5. Devices
  6. Combination of colors
  7. Shape of goods
  8. Slogans
  9. Signature
  10. Sound Marks

Yes, under Indian Trademark Law, three-dimensional (3-D) marks can indeed be registered in India. At Maxinov, we specialize in navigating the complexities of trademark registration, including 3-D marks, ensuring that your unique brand elements receive the protection they deserve.

Yes, sound marks can be registered in India in accordance with the Trademark Rules, 2017. To register a sound mark, it must be submitted in MP3 format and should not exceed 30 seconds in length. The sound must be clear, audible, and recorded using a proper sound medium. Additionally, it should be accompanied by a graphical representation of its notations.

Yes, domain names can indeed be registered as trademarks or service marks. To qualify for such registration, the domain names must function as source identifiers for the goods or services they represent, rather than merely serving as a URL or web address.

Descriptive trademarks generally cannot be registered on their own, as they often lack distinctiveness. However, a descriptive trademark may qualify for registration if it has developed secondary meaning through long-term use and widespread recognition. This means that, over time, the trademark has become uniquely associated with a specific source or brand in the minds of consumers.

Absolutely. Foreign proprietors are eligible to apply for trademark registration in India. The Indian Trademark Law adheres to TRIPS standards, ensuring protection for well-known trademarks and acknowledging their trans-border reputation.

In India, it is not mandatory to use a trademark before registering it. You can register trademarks that are intended for future use, even if they are not yet in use. This flexibility allows businesses to secure their brand assets in advance.

A trademark search can be conducted using the Indian Trademark Registry’s Website. This process allows you to check for existing trademarks that might be similar to yours, helping to ensure that your brand is distinct and avoid potential conflicts.

An action for Passing Off can be initiated to address the misuse of an unregistered trademark. This legal remedy helps protect the rights of the trademark owner by preventing others from using a similar mark in a way that could cause confusion or deceive consumers. Even without formal registration, an unregistered trademark can still be defended through this action to safeguard the brand’s reputation and market position.

The trademark registration process typically spans 6 to 12 months. This timeframe assumes that no objections are raised by the trademark registry during the evaluation of your application. If objections or issues arise, it may extend the duration of the registration process.

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