How To Get Trademark in India

Posted by Akshay Sharma on December 26th, 2016

Trademark registration in India – how to get it done?

If you are a business owner, you would like to get a trademark to distinguish your offerings from others. It is registered by Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India under the Trademark Act, 1999. The act authorises the owner to sue anyone causing an infringement to the trademark.

How to get a trademark in India?

Steps for registration:

Step 1: Search for a brand name

As most of the generic names are all the way taken, try to come up with some really unique brand names. Before zeroing in on a brand name, it is advised to do a quick search – online as well as offline – to ensure its uniqueness. Generally, trademark attorney or agent helps with this search. Once you are assured that the name you have chosen is unique, you can move ahead with the next step.  

Step 2: Application and filing

On the basis of the search results, which if found unique, the trademark attorney drafts the application. If already taken by someone else in the same domain, you have to make changes in yours. With the application, you have to submit below documents:

  • Your details – name, address, nationality
  • The state of incorporation of your company
  • Copy of logo or trademark
  • Service or products to register
  • Date of first use of the trademark in India (if already in use)
  • Power of attorney

You can file the registration in two ways – manual and e-filing. In manual filing for trademark registration in Delhi, you have to personally walk to the Delhi office of the Registrar of Trademarks. You receive the acknowledgement of the application and receipt usually after 15-20 days of filing.

With online filing, you get the acknowledgement instantly. After you have the acknowledgement, you can start using the TM symbol next to your logo or brand name.

Step 4: Application processing

It starts with examining the application and brand name. The registrar checks if the name complies with the law, and doesn’t conflict with other brands. An objection is raised if it is found to be disputed.

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Akshay Sharma

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Akshay Sharma
Joined: December 26th, 2016
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