Trademark Registration Process

Trademark registration process begins with you choosing a unique and distinctive mark that will represent your company while also being easily identifiable for the growth of your business.

It is advisable for you to search the trademark records registry and ensure that the intended trademark does not resemble or identical to any other already registered mark.
You can search the online website of the Controller general of patents, designs and trademarks.

While registering your trademark, you need to apply it under the right classification of classes. The trademark offers you the right to sell under a particular brand name within a certain sector in the economy.
Goods and services are classified under a class/sector. In total, there are about 45 classes. Classes 1-34 are for goods and classes 35-45 are for service.

There are two options you can take while filing for a trademark-
File for a trademark under “one” class. In this case, you have to fill in form TM-1. The Government fee payable per class for TM-1 is Rs. 3500.
The other option is to file for multiple classes or series trademark, or collective trademark. For this, you have to fill in form TM-A. The Government fee payable per class for Individuals/Start-ups is of Rs. 4500 and for all other cases Rs. 9000 under TM-A e-filing. You can find all the amounts payable for the corresponding forms here.

Subsequent to filing application with the trademark registrar, a trademark application allotment number is provided within one or two working days. The online trademark search facility helps you track the application. On obtaining the allotment number, you can affix the TM symbol next to the logo.

The Vienna codification established by the Vienna agreement (1973) is an international classification of the figurative elements of marks. Additionally, the trademark registrar will apply the Vienna classification to the trademark based on the figurative elements of marks to the trademark application filed by you. While this work is in progress, the trademark application status usually reflects as “sent for Vienna codification”.

The trademark registration application will be allotted to an officer in the trademark registrar office when the Vienna codification is complete. The trademark officer would then review the trademark application for correctness and issue a trademark examination report. The officer will either accept the application and allow for journal publication or object the same.

You have the right to appear before the officer and address any objections raised by the trademark officer from your Trademark application. If the officer is satisfied with your justifications, the trademark would be allowed for trademark journal publication. If the officer is not satisfied with the justifications, you have the right to appeal the decision of the Trademark officer before the Intellectual Property Appellate Board.

Subsequent to the acceptance of your trademark registration application by the registrar, the proposed mark will be published in the trademark journal. All the trademarks that have been accepted by the registrar are published in the trademark Journal weekly. The public also have an opportunity to object to a particular registration, if they believe their business will be damaged by that registration. The mark will be registered, within 12 weeks’ time if there are no objections filed within 90 days of that publication.

The trademark hearing officer will then call for a hearing if a third-party opposes your trademark registration application. Both you and the opposing party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application. Following which the hearing officer will accept or reject the application based on the hearings and the evidence presented. The hearing officer’s decision can be challenged in the Intellectual Property Appellate Board if not satisfied.

If there are no objections or oppositions to the application, the trademark manuscript and trademark registration certificate will be prepared and issued. This gives you an exclusive right to use the mark once you receive the certificate. As a result, you can place the symbol R next to the logo.