Trademark Registration is the process required for getting your trademark ready for use. Like any other registration process, getting a trademark registered might also look like a daunting task but we are here to lessen up the burden. This article will work as a guide to get you prepared for all things necessary for a trademark registration.
General Requirement From The Applicant
- Documents must be in English;
- Documents must be neatly handwritten or typewritten or printed upon strong paper of good quality and approximately 33cm x 20cm and shall have a margin of not less than 4cm;
- Contents of the document must be on one side of the paper in deep permanent ink and must be in large, legible characters;
- The signature of the persons signing the document and the date of the signature must be placed immediately at the end of the document;
- An alteration made in a document before it is filed at the Trade Marks Registry should be initialled in the margin by the person signing the document.
Requirement As To Content
The application, notice or request should include the following details:
- Trade mark number(s) in relation to which certain actions is to be taken;
- Name and address for service of person(s) making the application;
- Name of the proprietor of the trade mark if the proprietor is not the person making the application;
- Proprietor code or agent code if allotted;
- Date and place of filing;
- In case of online filing of the document. Digital signature will be considered as signing of the document.
Who Can Sign?
- A legal practitioner or a registered trademark agent or a person in the sole and regular employment of the principal can sign the document;
- A document on behalf of a partnership firm shall be signed by at least one (1) partner stating that he is signing on behalf of the firm;
- A document on behalf of a body corporate shall be signed by the director or secretary or other principal officer and his capacity shall be stated below his signature.
Applicant should supply an address for service
A person making an application, who has no principal place of business in India, must supply an address for service in India. Indian applicants may also mention address for service in India. While filing the document, the applicant/ agent should provide email address for electronic communication from the Registry.
Who Can File Trade Mark Application?
A person who claims to be proprietor of the trade mark in relation to goods and services may apply for Trade Mark. In the case of registration of trade mark, “Person” includes:
- A Natural Person,
- A Body Incorporate,
- A Partnership Firm,
- HUF, Association of Persons,
- A Trust,
- A Society,
- A Government Authority/ Undertaking.
When two or more persons who use a trademark independently or propose so to use it, as joint proprietors, they may apply for registration of trade mark as joint proprietors.
Details Required From The Applicant
In case of Individual:
The full name of the applicant is required. A trading business name or trading style is not acceptable as the name of an individual.
In case of Joint Owners:
The full name of each joint owners, whether individuals or companies, is required.
In case of partnership Firm:
The names of all the partners are essentially required to be mentioned in an application filed by a partnership firm.
In case of Companies:
The name under which a company is incorporated is required. A trading style or business name will be recorded separately.
Clear Specification of Goods/ Services
Specification of goods or services shall not be unrealistically broad otherwise it will effect the use by others. In such cases, the Registrar may require a declaration to confirm the intended use of the trade mark.
Information Required In The Application Form
- Name of the proprietor(s)
- Valid email id
- Principal place of business
- Address for service
- Type of mark
- For Conventional Applications, single priority date should be claimed; separate applications should be filed if different priority dates are claimed for different goods or services
- Two additional representation of the mark,
- Description of the trade mark, including whether it is a shape mark or a colour trade mark,
- Class numbers under which description belongs,
- Specification of goods and services,
- Translation and transliteration of the mark if it is not in English/ Hindi and the characters are not in Roman/ Devnagari,
- Signature and full name of signatory,
- Designation of signatory and the capacity under which he signed,
Size And Representation Of Trade Mark
The size of the representation of the trade mark should be no longer than 8cm x 8cm. The representation must show all the features of the trade mark clearly, shall be suitable for reproduction. Black and white or colour photographs of shape trademarks will be acceptable as representations of the trade mark. They must be able to be reproduced for the purpose of advertisement.
Form and Fees
|DESCRIPTION||PHYSICAL FILING||E- FILING|
|For new trade mark registration (Individuals, start-ups, small enterprises)||Rs. 5,000||Rs. 4,500|
|For specification of goods or services||Rs. 10,000||Rs. 9,000|
|For renewal of registration of a trade mark||Rs. 10,000||Rs. 9,000|
|For extension of time, certified copy, duplicate registration certificate, inspection of document||Rs. 1,000||Rs. 900|
|For registration of a person as a trade mark agent||Rs. 5,000||Rs. 4,500|
|Expedited process fee for trademark registration (individuals, start-ups, small enterprises)||Rs. 20,000|
|Expedited process fee for others||Rs. 40,000|
|For opposition or rectification||Rs. 3,000||Rs. 2,700|
|In case of renewal or restoration of elapsed registered trade mark||Rs. 20,000||Rs. 18,000|
|For expedited issue of search certificate||Rs. 30,000|