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REGISTRATION PROCESS OF TRADEMARK IN

INDIA
Trademarks are the best way for businesses to secure their brand amid competitors and big
names. In today’s modern world, perfecting only a business product and services is not
sufficient, trademarks aids in the enhancement of brand recognition amongst varied consumers
in the market. And, when you register a trademark, you are legally ensuring that you have proof
of ownership over your brand, exclusive rights, Protection against ​trademark misuse and
imitation, flag a trademark infringement, and monetize the trademark​.

Registration of a trademark can be done either offline, i.e., by physically going to the
trademark registration office based on the jurisdiction and filing the documents, or through
online mode, i.e., by ​E-filing or online ​trademark registration service in Noida and Delhi which
is the most practiced method in the contemporaneous times. In India, the trademarks are
registered by the Controller General of Patents, Designs, and Trademarks. A few simple steps
are explained below for E-filing –Online Trademark Registration Process in India:-

STEP1​: Register on the Trademark Office Portal,i.e.,


https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx​. The next step in the
online trademark registration process can be followed by the user by logging in using User ID or
the Digital Signature.

STEP 2: Trademark Search-


Before registration of trademark starts, you have to know if other similar registered trademarks
are available corresponding to your business name, brand, or logo in the ​Trademark Registry,
India​. This step (trademark search) can be completed at
http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx​.

STEP 3: Filing Of Trademark Registration :


Once the trademark search is complete, you can opt for registering the same by filing the
application for trademark registration with the ​Trademark Registrar​. The applicant has to
submit the trademark application in the prescribed manner along with supporting documents
and the prescribed government fee. At this stage, the applicant can start using the ™ mark over
the trademark. As soon as, the TM application is filed, a receipt is generated and the said
application is classed as a new application. This newly generated Trademark application is
reviewed by the ​trademark department and if the application is found complete in all respects,
then the next step of trademark examination is followed otherwise trademark department would
raise objections and seek clarification from the applicant for which requisite time will be provided
to the applicant. In the meanwhile, the applicant can see the trademark status of their
application online.
Note: Read more about ​Online GST Registration Service In Noida and Delhi​.

STEP 4: Trademark Examination-


The newly generated TM application is examined by the examiners of the trademark. The
examiner might accept the trademark absolutely, conditionally, or object.
If the application is found appropriate by the examiner, then it is accepted unconditionally and
the application is advertised in the trademark journal. However, if the application is not accepted
unconditionally, then the objections for refusal or conditions to be fulfilled would be mentioned in
the examination report. The objections must be resolved or the requirements must be fulfilled
within the prescribed time limits by the applicant.

STEP 5 : Trademark Publication-


After examination, the trademark is published in the Trademark Journal. If after four months of
publication, there is no objection raised by the Third-party, the trademark application proceeds
for registration. In case of opposition, a fair hearing process is conducted by the Registrar and a
decision is henceforth delivered by the Registrar.

STEP 6: Registration Certificate:


Once the trademark application proceeds for trademark registration after publication in the
trademark journal, a registration certificate under the seal of the Trademark office is issued. Now
the applicant can use the registered trademark symbol( R ).

TIMELINE AND RENEWAL PROCESS:


The entire procedure of online trademark registration takes 12-18 months. The registered
trademark is valid for a period of 10 years from the date of the application filed with the
Trademark Registry after which, the trademark needs to be renewed in the prescribed manner.
It should be noted that if the trademark is not renewed before six months of its expiry date then
it gets removed from the register of Registrar.

As seen above online trademark registration process is simple and easy. We at Digital CA, help
you with the entire process of trademark registration and can help you in protecting your
trademark in India.

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