Yes, you can apply for trademark registration online easily by just following a few simple steps.
Currently, the most valuable asset for any company entity is a trademark.
Most of us are aware of how crucial it is to register a trademark as soon as feasible. However, many people still have questions about how to register a trademark online in India.
As a result, we will cover every aspect of the trademark registration procedure in this post as well as how to submit an online trademark registration application in India.
How to register a trademark in India using an online application?
The steps listed below must be followed to submit an online trademark registration application in India.
Step 1 - Select Trademark Categories
Under trademark registration, there are numerous different sorts of trademarks.
Therefore, choosing the right trademark kind for your firm is the first step in registering a trademark. You can select from a variety of trademark types, including product, service, collective, certification, shape, sound, and pattern marks.
Step 2 - Prepare the Trademark Registration Documents
The preparation of the paperwork is one of the most important processes when submitting an online trademark registration application in India.
The paperwork that you might require to apply for trademark registration is listed below.
- Identity proof of the trademark owner
- PAN Card
- Aadhar Card
- Certificate of Incorporation ( In case you have a Private Limited Company or an LLP)
- Udyog Aadhar Certificate
- Logo if it is applicable and available
- Address proof
Step 3 - Mark or Trademark Search
Once you've chosen a mark, it's a good idea to look to see if it is similar to a mark that has already been registered.
You can do this on your own by going to the website for patents, designs, and trademarks maintained by the Controller General.
On the official website, there is a search option for the general public. You must choose your class and explore the entire website after choosing this choice.
However, hiring a lawyer is a preferable choice because it is more affordable and secure.
Step 4 - Create the Trademark Registration Application form
The application for the Trademark Registration Application Form is the next step. There are two options available when requesting a trademark.
Submit a trademark application for the "one" class. In other words, the trademark will only be registered for the class you have chosen. In this case, you need to provide Form TM-1.
One more choice is to submit applications for numerous classes, series, or group trademarks. For this, the TM-A form must be furnished. You can register your trademark in more than one class using the TM-A form.
Step 5 - Await the approval of the government.
The government begins processing the trademark application once it has been filed.
Also, the trademark application's status needs to be carefully examined.
Additionally, if an objection is made, you have one month to respond.
In conclusion, you can register your trademark if all the aforementioned stages are completed successfully.
Step 6 - Opposing a Trademark
The Registrar of Trademarks will provide you with a copy of the notice of any opposition if it is made by a third party within three months after the trademark's publication in the trademarks journal.
Within a certain amount of time, you must submit a counter statement in response to the opposition notice. You will be given two months to submit the counter statement or the trademark application will be deemed abandoned and refused.
Its phase will not apply to you, however, if there is no objection within 3 months, and your brand name is moving closer to being accepted for the issuing of a Trademark Registration Certificate.
Step 7 - Hearing on Trademark Opposition
If there is no trademark opposition, you will not be subject to this phase.
The Registrar of Trademarks will, however, provide your copy of the counter-statement to the third-party opposing trademark registration if your trademark is opposed by a third party and you send your counter-statement within two months.
You and the third party must both provide supporting evidence for your claim. After the submission of the evidence, the Registrar will offer you and the third party the chance to be heard.
The Registrar will issue a decision regarding the trademark application's acceptance or denial following a hearing from both parties and consideration of the available evidence.
If your trademark registration online application is approved by the Registrar of Trademarks, they will issue a certificate.
Using a Brand Name to Trademark
By trademarking the name of your business, you are safeguarding your ideas, the brand, and its reputation, all of which you certainly spent a lot of blood, sweat, and tears developing.
Nothing would be worse than failing to protect your brand and possibly being subject to an infringement action from a larger company.
The trademarking process itself will take time, all things considered.
You can now easily and quickly register a brand trademark in India for any of the following items, or even a combination of the items listed below:
- Letter
- Word
- Number
- Phrase
- Graphic
- Logo
- Sound mark
- Combination of colors
- Smell
Who May File a Trademark Application?
Once the trademark is officially registered, the person whose name is included as the applicant on the Trademark Registration form will be identified as the trademark's owner. Any person, business, or LLP may submit an application for the registration of a certain trademark as an applicant.
Trademark is the kind of intellectual property that comprises a recognizable sign, design, and other particulars, identifying a service and a specific source.
Trademarks are used to distinguish the services that are popularly known as “service marks”.
The Trademark Act 1992, can be represented as a logo, design, phrase, and services along with a combination of shapes and colors that shows the uniqueness of a brand and differentiate it from other products.
With a unique trademark, customers can easily recognize the products or services from various competitor products.
This article is all about Trademark Class 3, here we will discuss all the points that this Trademark relates to.
Trademark Class 3 is all about registering items like perfumes, cosmetics, soaps, essential oils, hair oils, and dentifrices.
For filing a trademark application, no need to visit trademark registry office.
Now you can easily apply for trademark registration by sitting at your place.
Meanwhile, you can simply file trademark application for registration online.
