Trademark Registration

The registration of a trademark is valid only for a period of 10 years. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration.

Step 1: Trademark Search

Having a unique brand name in mind is not good enough reason to avoid a TM search. TM search helps you to know if there are similar trademarks available and it gives you a fair picture of where your trademark stands, sometimes, it also gives you a forewarning of the possibility of trademark litigation.

Step 2: Filing Trademark Application

The first step is to file a trademark application at the Trademark Registry India. Once the application is filed, an official receipt is immediately issued for future reference.

Step 3: Examination

After a trademark application is filed, it is examined by the examiner for any discrepancies. The examination might take around 30 to 90 days. The examiner might accept the trademark absolutely, conditionally or object.

If not accepted unconditionally, the conditions to be fulfilled or the objections would be mentioned in the examination report and a month's time would be given to fulfill the conditions or response to the objections.

Once such response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a hearing. If in the hearing, the examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark Journal.

Step 4: Publication

The step of publication is incorporated in the trademark registration process so that anyone who objects to the registering of the trademark has the opportunity to oppose the same.

Step 5: Registration Certificate

Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued.

Step 6: Renewal

The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually.

Government fees are

1. Rs. 4,500/- in case of Individual/ Startup/ Small Enterprise
2. Rs. 9,000/- In all other cases.
3. Hence it is better to take a Startup Certificate or MSME Certificate to avail the benefit of reduced registration fees, ie Rs 4,500

1. TM 48 in the name of Agent
2. Proof of Identification and Address
3. Brand Name to be registered with Logo (if any)

1. Word Mark - Word Mark indicates a name written as Text or a word or Letter or group of letters.

2. Device Mark - Logo, Combination of Words, Pictures, or Drawings. A wordmark with a specific written style is considered as a Device Mark, if we need to register that Word Mark in that specific style. For eg. The word IBM is a word mark. But when the same is artistically, it’s a Device Mark

3. Colour Mark - A colour mark can be registered only if the colour is a new invention and the consumers directly link the colour with the brand. Unless the colour as such identifies the product, it will be difficult to prove distinctiveness with just a single colour.

4. Shapes of Goods - Shape Mark are capable of distinguishing the goods with its shape or packaging.

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