Trademark Registration Online In India

Trademark is the brand name, symbol, mark, logo, etc. of the business and it is very important and essential to protect the brand name or trademark so that it can become the goodwill of the business and generate profit and the most important thing is that the brand name can be saved from any unauthorized use. Trademark registration in India takes around 1 year to 18 months to get the procedure completed and once it is completed it will be valid for 10 years. If an applicant wants to save its brand name then every 10 years a renewal application has to be filed to the trademark officers for the continuation of trademark registration. The applicant is any person whether it is an individual or any company, body corporate, government department, trust, ngo, etc. anyone can apply for the trademark registration. A registered brand name provides many benefits like customer attraction, business value enhancement, no one can copy or misuse the name, it is easy to get name approval for private limited registration or other company registration, and many others.

Documents for trademark registration:

There are two types of applicants one is the individual or sole proprietor and the second one is other than an individual or sole proprietor and the list of documents are below according to the applicant:

INDIVIDUAL/SOLE PROPRIETOR

• Power of attorney
• Identity proof
• Logo, if any

OTHER THAN INDIVIDUAL/SOLE PROPRIETOR

• Power of attorney
• Registration certificate
• Small enterprise certificate, if registered for the same
• Startup India certificate, it registered under this initiative
• Logo, if any

Procedure for trademark registration:

The procedure is quite time-consuming in comparison to other registration like GST registration or company registration, MSME registration etc. it takes around one year to get the procedure complete if no objection or opposition is raised on such brand name. The procedure is as follows:

1. Check the availability of the name: It is very important that the name which is going to be registered is unique and not similar to any other registered or applied mark, so before going to file the registration application the Trademark availability should be checked.
2. Drafting of the forms: It is always better to go for registration if the name is available, if it is available the form shall be drafted in which all the details of the applicant and trademark shall be mentioned and the relevant documents will be uploaded like a logo, power of attorney and other documents as per the type of the applicant. After completion of drafting the forms will be signed and submitted to the examiner for further proceeding.
3. Examination of the form: The examiner will check all the documents and the name which is applied and if there is any mistake in the documents or details or if the examiner found any similarity in the name or logo which is applied then the examiner will raise objection on such application. The applicant has to file the reply regarding such objection, if the applicant fails to file the reply the application will get abandoned.

If the application is accepted by the examiner then he will publish such application in trademark journal for 4 months, in this period if any third party has any kind of objection then he can file an opposition against such application to the examiner. And if no opposition is received then the examiner will issue a trademark certificate which will be valid for 10 years without any restriction or any objection.