How to Apply for Trademark Registration in India?

Narendra Kumar

05 Jan, 2021

A trademark can be registered on name, word, or symbol. Trademark reflects the goods or services of the applicant. It is mainly a mark associated with the goods or services. It distinguishes the products of one from another. Apply For Trademark Registration.

It gives an exclusive right to the owner of the trademark. It also prevents others from using the same trademark. It gives an identity to the product of the owner.

What Is The Process of Trademark Registration?

• Trademark Search

To verify the availability of the desired mark or logo, a trademark search is done by the professionals on the basis of its class. If the desired mark has neither been taken or similar with an existing mark, then one can proceed for the trademark registration. However one can apply for existing registered trademark under the different class. Trademark search is done from here.

• Trademark Application

One can apply for trademark registration by filing an application (TM-A) with the prescribed fees. An application is filed with the trademark authority (http://www.ipindia.gov.in/) by the trademark attorney.

Here are some of the examples of registered trademark:

Disclaimer: Images source Google

Trademark Registration Flow Chart

What Are The Documents Required For Trademark Registration?

Following documents are required for filing Trademark Registration Application:

1. ID Proof (Copy of PAN and Aadhaar Card/ Voter ID Card/ Passport/ Driving License);
2. Address Proof (Latest Bank Statement/ Utility Bill not older than months);
3. Copy of Logo/ Mark;
4. Power of Attorney (To authorize consultant to file an application on the behalf of the applicant);
5. Board Resolution (In the case when the applicant is a company).

Who Is Eligible To Apply For Trademark Registration?

The following can apply for a trademark:

• Individual
• Sole Proprietorship Firm
• Partnership Firm
• Company
• LLP
• Joint Owners

Which Symbol Will Be Used After Trademark Registration?

A “TM” symbol is a provisional symbol which is used for unregistered trademarks. Under this application is under process and potential infringers can claim for the mark.

Whereas the “®” symbol is used for a registered trademark. It is used when the authority approves the applied application.

How Much Time Is Used For Trademark Registration?

Usually, trademark registration takes 8 months to 2 years from the date of filing application.

What Is The Validity of Registered Trademark?

It is valid for the period of ten years however it can be renewed for the further period of ten years on the payment of the prescribed renewal fees. Whereas the registered trademark is valid in the home country only because India has its own rules & regulations regarding trademark registration.