Trademark Application

• Power of Attorney (duly executed)
• PAN card, address proof and certificate of registration of the applicant
• Brand Name and Logo
• If a specific date is to be claimed as use date, An affidavit along with documentary proof (invoices, registration certificates, etc. with the brand name proposed to be registered)
• Certificate of registration under MSME or Start-up India scheme (if applicable) to avail 50% rebate on the Government fees.

Any mark that is identical or deceptively similar to an existing registered trademark, or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registrable. The names which are listed under “Prohibited marks” and “Well known marks” are not registrable.

Controller General of Patents, Designs, and Trademarks has classified various goods and services under 45 classes for the purpose of trademark registration. The application must mention the class/classes that the goods/services of the applicant represents. For each class, a separate application is required to be filed. We will help you to find appropriate class(es).

The registration application filed under the Trademark Act is verified and registered in India and it remains valid only in India.

Application for logo registration can be done online. Post such application, one can start using a “TM” symbol. Once a trademark registration process is done, “R” symbol can be applied. The registration is valid for 10 years with an option for renewal. TM registration process is a time consuming process and may take around 8 months to 2 years and the process is broadly stated below.

• Preparation and filing of Trademark application in the right class, with all the correct details.
• Send it to Vienna Codification – As soon as a new trademark application is filed, a Vienna Code is assigned if the trademark comprises of figurative elements/logo. Vienna codification is done by the Registry so that the trademark searches can be conducted for artworks/logos.
• Formalities Check – This is the first step of verifying the Trademark Application whereby the Trademark Registry usually checks if the basic requirements are met. This includes scrutinizing whether the POA has been uploaded (when filed through an attorney) and whether the appropriate translation/transliteration has been filed in case of TM is not filed in English/Hindi.
• An issue of Examination Report from the Ministry – On verification of basic details, the registry examines the application under various sections to see if the Trademark applied for requires any clarification under any of the Legal sections of the Act. When they feel that any information is required, then they would issue an examination report with the relevant section to which a reply MUST be filed.
• Exam Report Issued / Accepted – After acceptance of the Trademark application or submission Examination Reply if the registry is satisfied then they will proceed for the Trademark name or symbol or both to be published in the Trademark Journal.
• “Advertised before acc” or “Advertised” or “Accepted & Advertised” – At this stage, the trademarked name or logo or both are advertised in the Trademark Journal. These are kept open for Objection for 4 months for any third party to oppose the published Trademark. When any such objections are received, the status would change to Opposed – to which a proper reply should be filed.
• Registration– If there are no other objections, clarifications, or oppositions, the trademark application would be accepted and marked as ‘Registered’. This is when the Trademark applicant can start using the ® symbol.

No. An application containing a Logo and a Brand name is considered as a single application, unless submitted separately by the applicant. Separate filings are advisable only in cases where the applicant anticipates a change in one of two in future and retain the other.

For Registry, the fees are levied based on ‘Number of Classes Applied’ and not ‘Number of Applications’. For individuals, MSMEs and start-ups, the fees shall be of Rs. 4,500 per class and in all other cases, the fee is Rs. 9,000 per class.

Yes, a registered trademark can be removed if not used for a continuous period of five years from the date of registration and the application for removal is made three months after the expiry of such five years.

Legal Terminus can help you with the filing of an application for your organisation for trademark registration in India, as and when required, in a hassle-free manner within a reasonable time span and for a competitive professional fee. To know more, please book a telephonic appointment with one of our consultants free of charge.