Trademark Registration

Step 1: Search for a brand name

To search for a brand name the owner can surf the internet and can pick a brand name as per the choice and liking. It can be tough to find the exact brand name, as most of the generic or popular names are already taken by others. Trademark applicants can visit the Government’s official website to check the availability of brand names or can invent a new brand name by mixing words or phrases.

Step 2: Arranging trademark application

Below mentioned are the supporting documents to be submitted along with the application form:

• Soft copy of trademark
• Proof of claim of the proposed trademark to be used internationally
• Business Registration Proof – Company type, Address proof of company and directors, ID proof of proprietor, PAN card and Aadhar Card of the owner, entrepreneur or director

Step 3: Filling application form

Application form can be filled in two separate ways, such as manual filling or e-filling. In case of manual filling the trademark applicant needs to manually fill in the application form and needs to deposit the same at Registrar Office of Trade Marks located in the following Indian cities, such as Delhi, Ahmedabad, Chennai, Mumbai and Kolkata. Time involved in this process is approximately 15-20 working days. However, in case of e-filling the applicant can visit the Government’s official website and fill the application form. Acknowledgement receipt is provided to the applicant instantly and further he/she can use TM symbol next to the brand name.

Step 4: Examining the process

An examination check is performed by the registrar once the application is dispatched. The registrar examines that there is no conflict over proposed brand name with the existing brand name. The authority also checks whether the applicants have followed the terms that his/her brand name complies with. Therefore, trademark applicants are suggested to choose unique or customized brand name.

Step 5: Publication of brand

This is the most important step in the trademark registration process as in this step the registrar publishes the proposed brand name in the Indian Trade Mark Journal. Once the brand name is published, then there should not be any opposition from the Indian Trade Mark Journal in 3 months or 120 days from the date of publication. No opposition signifies that the application is on the verge of approval and the proposed brand name shall be registered.

Step 6: Trademark registration certificate issuance

If there is no opposition from the Indian trade Mark Journal within the period of 90 days, the registrar issue the Registration Certificate with the seal of Trademark Registry. After receiving the certificate the trademark owner can use the registered mark next to the brand name.

Other Company Registration Process in India
Private Limited Company Registration	Public Limited Company Registration	Partnership Firm Registration
LLP Registration	Nidhi Company Registration	Proprietorship Firm Registration
Copyright Registration	ISO Certification	NBFC Registration

To ensure your trademark registration application is not rejected, consider the following:

• Proposed mark should not be similar or identical to existing mark
• Mark should not be deceptive or convey negative message
• Proposed mark should not have generic or common words, chances are that they must already have been taken
• Mark should not contain bad or offensive words

Mark should not contains words related to government or renowned personalities

• Identity Proof of trademark applicant – Passport, Voter’s ID card, Driving License, Aadhar card
• Company/Business Type – Private Ltd, Public Ltd, Sole Proprietorship, Partnership, LLP
• Business Objective/Plan – Well framed business plan with aims, vision, objectives, strategies
• Address proof of applicant/business
• Brand name, logo, or symbol, if applicable
• Incorporation certificate of company/business
• Registration address
• Signed form TM – 48
• MSME/Start-up recognition

I haven’t started my business right now, can I register a trademark?

Yes, you can register a trademark even before the start of a business.

Is the trademark registration valid in other countries?

No, trademark registration is valid in India only.

For how long can I use the registered brand name?

You can use the brand name for 10 years from the date of application submission.

What should I use as a symbol ‘TM’ or ‘R’?

You can use TM at the time of filing trademark application and once the application is approved then you can use registered mark besides your brand name.

What is NICE classification under World Intellectual Property Organization (WIPO)?

NICE classification is an international system that classifies good and service for the purpose of trademark registration. NICE classification system possesses 45 classes, out of which 1-34 are meant for products and 35-45 are used for brand registration of services.