REGISTRATION OF TRADEMARK FOR COMPANY
- Trademark is a visual symbol which may be a Name, Phrase, Logo,
Graphic, Label, Device, Word signature,
combination of colors or numerical.
- Trademark identifies and distinguishes the source of the goods or
services of one business entity from those of others.
- A “trademark” is the symbol which separates a business from the
other business. If anyone uses your trademark, you can sue him/her provided
that trademark is registered.
- Registering a trademark is a legal process provided for under the
Trade Marks Act, 1999.
- Trademark registered in India will not be valid all over the
world. We should register our trademark in individual countries, depending upon
STEPS TO REGISTER A TRADEMARK
Searching for a Trade Mark
- Before starting the trademark registration process, a person needs to conduct a search. Trademark search will help us
in providing information about a similar trademark that has already been
registered with the trademark registry.
- An online database is available on the website of Comptroller
General of Patent, Design, and Trademarks where search can be done. The database contains all the applications submitted to the concerned office including applied, objected, registered and expired Trade Marks. Trade Marks search provides valuable information to the user.
- The Government has specified 45 different classes under which
service product of a business fall. We should know before applying for a
trademark under, which class product/service of the business falls.
- A single trademark can be used for services belongs to
different class, for that we have to file a single application for different
class of services but fees for filling in each class will increase every time
just like we are filling a single application for one trademark.
- Based on the search results, a person will come to know the
availability of that particular “mark” and he can proceed for filing
application for registration.
Filing of Trade Mark Application
After completion of Trade Mark search, the application can be filed with the Trade Mark Registrar office. This application should be filed along with a fee for the Trade Mark registration by hand or online (using digital signatures). Trade Mark application requires
- Name and Address of Trade Mark owner
- Description of Goods or Services
- Classification of Trade Mark
- Date, since Trade Mark is used
After filing Trade Mark application with
registrar, an allotment number is provided within one to two working days but in
case of e-filing of application, an application allotment number is allotted
immediately. After getting a trade mark allotment number, the owner can
affix the TM symbol next to the logo. Application status can also be tracked online
through the online trademark search facility.
Trademark Journal Publication
When the application is accepted by Trade Mark registrar, the proposed trademark
gets published in the Trademark Journal. If no objections are filed within 90 days
of that publication, the Trademark will be registered within 12 weeks.
If there are no objections or oppositions for the Trademark registration
application filed, the Trademark registration certificate will be issued and
this Trademark will be considered as a registered Trade Mark of the owner. The ® symbol can now be placed next to a logo or Trademark.