Trademark registration in India is similar like in China, below we will share how to register trademark and why you need do it in India.
What is trademark?
A trademark is one symbol like a word signature, name, label, numerals or combination of colors used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses.
A trademark can be a word, symbol, logo, combined words and symbol, wrapper, tagline or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.
A registered trademark is an important asset for a business to protect the company’s investment in the brand.
Who can apply trademark in India
Anyone or any organization worldwide can apply trademark in India country.
- Government organization
- Non-government organization
- College or schools
What documents you need to prepare
You need parepare belwo information.
- You ID information. Your name and id number or passport number.
- Your business Registration Proof: On the basis of your registered business (for eg: sole proprietorship), an identity proof of the company’s directors and an address proof have to be submitted. In case of sole proprietorship business, id proof of the proprietor viz. PAN card, Aadhar card could be submitted. Whereas, in the case of companies, the address proof of the company needs to be submitted.
- Your mark name or design or sound. You can send copy of the logo, preferably in black & white (Optional). In case logo is not provided, the trademark application can be filed for the word.
- The proof of claim (which is applicable) of the proposed mark can be used in another country.
Process for trademark registration in India
Step 1: Do trademark search
With trademark deeply search you can know if your mark is available to register for next steps. Usually one attorney or trademark agent is familiar with this job. You just ask them for professional results. If you do by your own, it may make mistake and waste of your time.
Step 2: Have a trademark name or sign
Based on the search results finially, the trademark attorney will draft trademark application, provided that your application name or symbol found to be unique. If someone already has the same or similar trademark, you need to change yours.
Or if you are of opinion that the trademark is definitely yours and you are using it since long time even before other party trademark registration. You need to apply to cancel the registeration by providing more and more information you used it for long time ago.
Step 3: Trademark registration
In this step, you need find one legal trademark attorney in India who can deal with your documents from the trademark office. You just prepare your mark and information of company or yourself, such as address, name, email and phone number, sometimes your passport ID is needed. The attorney will do all things for you.
Of course, you can choose ‘manual filling’ then you have to personally handover your application for the registration to the Registrar Office of Trade Marks situated in the major cities of India like Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you have to wait for at least 15 -20 days to receive the receipt of the acknowledgment.
If you are fimilar with online submission, you can go to the government website. Once receive your acknowledgment, you are eligible to use your TradeMark (TM) symbol beside your brand name.
Step 4: Examination by official trademark office
Once the application is dispatched, the Registrar will check out whether you have followed certain terms that your brand name complies with, the existing law. Moreover, there should not be any conflict or dispute amongst any existing or pending brands for the registration.
Step 5: Waiting for publication
If your application do not receieve any objection, your mark will be published within 3 months dated from application, it is called publication time. If nobody response or appeal your mark, it will be registered soon in success.
Step 6: Finish the whole procedure
Finally, you will get one trademark certification in India.
Cost of trademark registration in India
|Official Fees (INR)||Professional (INR)||Total (INR)|
|application fees for starter business and individual||4500||3000||7500|
|Charges per class per mark application for other business owners||9000||12000|
|reply to trademark objection||4000/per reply||4000/per reply|
|hearing to overcome the objection||4000/per reply||4000/per reply|
Why you need register trademark in India?
India is another developing country with 1/5 of population in the world. It is fast growing country like China. Each business company need pay attention to this market.
- Big company like apple, Xiaomi, Huawei registered trademark in Inida to protect their property.
- Trademark is one important asset for any company, no matter you are small or big.
- With registered trademark you can stop others from using your trademarked business name / logo etc with regards to goods or services it is registered.
- It guarantees the identity of the origin of goods and services.
- It stimulates further purchase, reminding people remember your brand image in heart.
- It may enable consumer to make a life style or fashion statement, such as Apple or Xiaomi.