Trademark Registration – Register a Trademark Online in India

Importance of Registered Trademark

Registration for Trademark becomes necessary to protect your unique mark, sign, or logo to shield your business’ credibility and reputation. Failure to register your Trademark might lead to other businesses using the same brand or logo. Registration of all Intellectual Property is important, for it saves a lot of time and money in prolonged litigation.

Trademark Registration will protect it from any future infringement. It will not only offer unique brand recognition but will also create an asset for your business enterprise. It also forms a strong base for international trademark registration, as it will be quite easy for you to register your trademark in different countries.

A Trademark Logo is a design, pattern, or drawing, that is used to represent (in its entirety) a brand or an organization. A simple example of this would be the missing bite from Apple or the golden arches from McDonald’s. Unlike simple words or slogans, a Trademark Logo has a tool and artistic work of creativity.

This creativity triggers uniqueness, which in turn creates brand awareness amongst the market consumers. This creativity also aids in brand recognition, which is why it is equally important to register a Trademark Logo. 

It uses design elements other than just words to achieve the essential prerequisites. Trademark Logos are a graphic representation of a company’s identity and its products or services, which include:

  1. Words
  2. Symbols
  3. Colours
  4. Fonts
  5. Images
  6. Letters or Acronyms
  7. Fictitious Characters

Steps to Register for a Trademark Online-

Before filing a Trademark online, you need to conduct extensive research to ensure your brand name or logo is unique. Avoid using common brand names or logos to avoid conflicts with other businesses using a similar name or logo. 

Trademarks can be registered online in a few simple steps.

  • Online filing – Earlier, Trademark filing was done in the Trademark Registry India. However, nowadays, it is done online. Once the application is filed on the official website, you shall receive an official receipt.
  • Examination process- The examiner shall scrutinize your application for any discrepancies. This process usually takes a few months- it may take up to 8-12 months (sometimes even more than that).

Your trademark will be published in the Trademark Journal if your application is accepted unconditionally. If not accepted unconditionally, the objections will be mentioned in the report, and the conditions need to be fulfilled by the Trademark owner within a month.

  • Opposition – Businesses that want to oppose your Trademark will have 3 months post-publication to do so. The Registrar of Trademarks shall provide you with a copy of the notice of the opposition. You need to reply to the opposition within 2 months- by filing a counter statement.

You must also submit proper evidence in support of your reply. The Registrar will give you and the opposing party an opportunity for a hearing after submission of evidence.

  • Registration Certificate – Once the application moves forward for Trademark registration (after publication in Trademark Journal), a registration certificate is issued under the seal of the Trademark Office.    

Although the process of registration is simple, it could be cumbersome nonetheless. It would help if you had the right legal advice and efficient work to expedite the registration process. A proper understanding of the registration process, filing of oppositions, counter statements, and documents is necessary to carry out the process without any inconveniences. 

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