Trademark Registration
The process for filing and obtaining approval for a trademark in India involves several steps. Here’s a detailed overview:
Trademark Filing & Approval Process in India
1. Trademark Search
- Conduct a preliminary search to ensure that the trademark you intend to register is not already in use. This can be done through the online trademark database provided by the Controller General of Patents, Designs, and Trade Marks.
2. Filing the Application
- Prepare and file the trademark application (Form TM-A) with the Indian Trademark Registry. The application can be filed online or physically.
- Required details include the applicant’s name, address, and nationality; a representation of the trademark; a list of goods or services; and the class of the trademark (according to the NICE Classification).
3. Acknowledgement and Examination
- After filing, you will receive an acknowledgment with an application number.
- The Trademark Registry will examine the application for any discrepancies and to ensure compliance with the Trademark Act, 1999. This includes checking for any conflicts with existing trademarks.
4. Examination Report
- The Registry issues an examination report, which may raise objections based on absolute or relative grounds.
- The applicant has one month to respond to the objections. If necessary, a hearing may be requested to clarify and defend the application.
5. Publication in Trademark Journal
- If the objections are resolved, the trademark is published in the Trademark Journal.
- The purpose of this publication is to allow third parties to oppose the registration. The opposition period lasts for four months from the date of publication.
6. Opposition (if any):
- If an opposition is filed, the applicant must respond with a counter-statement.
- Both parties present evidence and arguments, and a hearing is held before the Registrar makes a decision.
7. Registration
- If there is no opposition, or if the opposition is decided in favor of the applicant, the trademark is registered, and a registration certificate is issued.
- The trademark is valid for 10 years from the date of application and can be renewed indefinitely for successive periods of 10 years.
Fees for Trademark Filing in India
In the last two months, we have filed and got a 100% successful grant of 50+ German Patent which has a validity of 10 YEARS, and the best part is that it’s granted in about a month.
EITHER OF THE TWO FEES IS APPLICABLE
1. Individuals/Startups/Small Enterprises:
- Online filing: INR 4,500 per class.
- Physical filing: INR 5,000 per class.
2. Others (including companies and large enterprises):
- Online filing: INR 9,000 per class.
- Physical filing: INR 10,000 per class.
Renewal Fees
The renewal fee for a trademark is INR 9,000 for online filing and INR 10,000 for physical filing per class.
PROFESSIONAL FEES
- Filing: INR 2500 + GST
- Response to Examination Report: INR 2500 + GST
Additional Costs
- Opposition Fee: Filing a notice of opposition: INR 2,700 online and INR 3,000 physical.
- Counter-Statement Fee: INR 2,700 online and INR 3,000 physical.
- Hearing Fees and Professional Charges: If objections arise, additional legal or professional fees may be incurred for representation.
Timeline
The entire process from application to registration typically takes 18 to 24 months, provided there are no significant objections or oppositions
Key Points to Remember
Classify the goods or services correctly according to the NICE Classification.
DOCUMENTS REQUIRED
Proof of documents required for Trademark registration.
Proof of Applicant’s Identity:
- For individuals: PAN card, Aadhaar card, passport, or driving license.
- For companies: Certificate of incorporation and address proof of the company.
- For partnerships/LLPs: Partnership deed and address proof.
Proof of Applicant’s Address:
- For individuals: Utility bill, rent agreement, or bank statement.
- For companies: Utility bill, rent agreement, or bank statement of the registered office.
Trademark Representation:
A clear image or depiction of the trademark (logo, wordmark, etc.) in JPEG format (minimum size of 8cm x 8cm)
List of Goods or Services:
A detailed list of goods or services for which the trademark is to be used, classified according to the NICE Classification.
Priority Document:
If claiming priority from an earlier filed application in a convention country, a certified copy of the priority document must be submitted.
Startup/SME Certificate (if applicable):
If the applicant is a startup or a small enterprise, the relevant certificate to claim reduced fees should be provided.
List of Goods or Services:
An affidavit attesting to the use of the trademark in India before the date of application, along with supporting evidence like invoices, advertisements, etc.
