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May 21, 2022

What is a Trademark and How to file it Online

It’s very sad to see the brand name you thought about being taken by someone else in the market. All your time, energy and money could be wasted.

In simple words, trademarks are the special and unique signs, symbols, logos or a particular name for identifying goods or services from a particular brand or company. This means that no one can use the name, logo or the symbol of that particular company to sell their own products, goods or services while doing business.

What is a trademark?

What is a trademark? In simple and easy words, trademarks are special and unique signs, logos or any other symbol to identify goods or services from a particular brand, company or organization.

Trademarks can be pictures, logos, designs or even expressions. Trademarks are classified as intellectual property and therefore are protected from infringement.

The Trademark Act, of 1999, protects trademarks and their rights.

The concept of the trademark was established in the year 1940 then the Trademark Act came into power in 1999. Currently, the trademark registry works as the operation or functional body of the act.

How to Register a Trademark

The registration process of a trademark is done by the registry of the trademarks. If you want to trademark something, then there are some steps and criteria involved. The trademark application can be submitted online or offline to the trademark office of India. But we recommend you go with the online trademark filing process to save your time and physical efforts.

Choosing a Trademark

Always remember to choose a unique and distinctive mark which will represent your company, brand, product etc. Another important point to identify is which class you belong from. Currently, there are a total of 45 classes of goods and services that comes under the trademark rule. Classes from 1 to 34 are for goods, and classes from 35 to 45 are for services.

Mark search

Once you have chosen your trademark, it is advised to search to check whether your chosen trademark is similar to an already registered trademark. The trademark should be unique. You can do the mark check process by visiting the official website of the Controller General of Patents, Designs and Trademarks.

Filing application

The next step is to apply for multiple classes or series of trademarks, or for a collective trademark. For this, you have to fill out the form TM-A. This is the form for registering your trademark beyond one class. Form filling has 2 different brackets with different charges. Which are below.

Rupees, 9000 or Rs 10,000

This price bracket is basically for those who are already a well-established company. If you are a startup, small business owner or individual then you will not fall into this price bracket. For this, you will have to pay Rs 9,000 for the e-filing of the form or Rs. 10,000 if you file the form in person with the office of trademarks.

Rupees 4,500 or Rs. 5,000

If you are a startup, small business owner or individual then you will fall under this price bracket of the trademark. You have to pay rupees 4,500 for the e-filing of the application form or Rs 5,000 if you fill the form physically and submit it physically in the office.

 

While filling out the application form for trademark registration, make sure to double-check all the details precisely so that your trademark doesn’t get rejection. Mistakes in the application form can result in delays or even rejection of the trademark application.

Fill all the necessary details with an image of the trademark with the dimensions of 9 by 5 cm. You also have to attach 5 more copies of the trademark which you are going to register. Submit the trademark registration file with 2 copies.

You can file the trademark online by yourself or with the help of an agent, depends on you which method is more comfortable for you. The trademark confirmation is done immediately if you choose the online method to file a trademark online and if the process is done physically it may take 15 to 20 days.

Online Trademark Registration Procedure

Step 1 – Choose a brand name

Step 2 – Prepare a trademark application

Step 3 – Filling the application for the brand name registration

Step 4 – Examining the process of the brand name application

Step 5 – Publication of your brand in the Indian trademark Journals

Step 6 – Trademark Opposition

Step 7 – Hearing on Trademark Opposition

Step 8 – The Trademark registration certificate issuance

Trademark Registration Fees

The trademark registration fee for individuals is –  5,499* INR

The Trademark fee for companies is – 11,499* INR

So this was a brief guide on how to register a trademark online. For offline filing, you have to visit the trademark office with 2 copies of the trademark file and submit the application form there with the necessary documents and pictures of the mark.

 

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About Shubham Butola

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