Getting a Trademark Registration in India

When you’re applying for trademark registration in India, you’ll need to provide some key details. This includes information about the applicant, a list of the goods and services the trademark will cover, and a clear image of the trademark itself. If you want to claim that you’ve been using the mark earlier, you’ll also need to submit an affidavit to support that.

A Power of Attorney (POA) from the applicant is required as part of the application, and all these documents must be submitted in English.

What You’ll Need to Apply

To file a trademark registration application in India, you’ll need the following:

1. Applicant Information: The name, address, and nationality of the applicant. It’s important to note that different fees apply depending on whether the applicant is an individual, a group of individuals, a partnership firm, or a company.
2. Goods and Services List: A list of all the goods and/or services for which the trademark will be used.
3. Image of the Mark: The trademark image in PDF or JPG format.
4. Translation for Non-English Marks: If your trademark includes non-English words, you’ll need to provide a translation into English.
5. Priority Claims: If you’re claiming priority from an earlier filed application, you’ll need to provide all relevant details.
6. Affidavit for Earlier Use: If you’re claiming that you’ve been using the trademark before applying, you’ll need to submit an affidavit with the first date of use in India.
7. Power of Attorney: For foreign applicants, a simple signature is enough (no need for legalization or notarization). Indian applicants need to execute the POA on 100 Rupees stamp paper.

Remember, if you’re claiming earlier use of the trademark, you need to submit this claim with the application. If you don’t, it will be treated as a fresh claim.

Why Register a Trademark?

Registering a trademark in India provides intellectual property protection over various elements like names, symbols, logos, and more. A trademark is essentially a unique sign that distinguishes your goods and services from those of other businesses. It’s not just about identifying your products—it’s also about signaling their origin as being from your business.

Since trademark registration in India works on a first-come, first-serve basis, it’s wise to register your trademark as soon as possible. This ensures that no one else can register your trademark and claim it as their own.

Benefits of Trademark Registration

When you register your trademark in India, you get several advantages:

• Ownership Proof: It provides prima facie evidence of ownership of the trademark.
• Valuable Asset: Your trademark becomes an important asset for your business, contributing to its goodwill.
• Enforceable Rights: You gain stronger rights to prevent others from using your trademark in connection with the goods or services it’s registered for.
• Flexibility: Trademarks can be sold, licensed, or assigned.
• National Coverage: Registration typically covers the entire country.

Even though you can have rights over an unregistered trademark, registering it gives you additional legal benefits, like exclusivity across all of India and the ability to use your trademark as a basis for filing in other countries.

The Registration Process

The process of registering a trademark begins when you file your application. You’ll receive an official receipt with a filing date and number. The Indian Trademarks Office then formally examines the application to ensure it meets the registrability criteria and doesn’t conflict with existing trademarks.

If there are any objections, you’ll get an examination report. To address these objections, you might need to file a written response, present evidence, or even have a hearing with the examiner. If everything is in order, you’ll receive a Letter of Acceptance, and your trademark will be published in the Trademarks Journal.

If no one opposes your trademark within four months of its publication, you’ll receive a trademark registration certificate. The whole process can take about 18-24 months, assuming there are no objections or oppositions.

Once registered, your trademark is valid for 10 years, starting from the application date. You can renew it indefinitely by paying the renewal fees every 10 years.

Filing for International Trademark Registration

If you’re looking to protect your trademark internationally, the Madrid System is a great option. It allows you to register your trademark in multiple countries through a single application. India has been a part of the Madrid Protocol since July 8, 2013.

To file an international application under the Madrid Protocol, you’ll need to have already filed a corresponding trademark application in India. The fees for international registration depend on the number of classes and countries you select.

Once you apply, the trademark will be examined by each member country you’ve designated. If all goes well, your trademark will be registered in those countries.

Advantages of International Registration

There are several advantages to filing an international trademark application under the Madrid Protocol:

• Lower Costs: It’s usually less expensive than filing separate applications in each country.
• Easy Management: Managing renewals, changes in address, or ownership is simpler and more cost-effective.
• Flexibility: You can designate additional countries later if needed.

Protecting Your Trademark

Trademark protection ensures that your mark can’t be used commercially by others without your consent. This protection usually lasts for 10 years, but you can renew it indefinitely.

In the broader sense, trademarks reward business initiative and enterprise by giving trademark owners recognition and financial profit. They also help prevent unfair competition, like counterfeiting, by ensuring that only the rightful owner can use the trademark.

Conclusion

Registering your trademark, both in India and internationally, is a critical step in protecting your brand. It gives you exclusive rights, helps prevent others from using your mark, and can be a valuable business asset. With the right protection, your trademark can become a powerful tool for your business, both locally and globally.

Written by Mahesh Bhagnari, Patent & Trademark Attorney in India.