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Trademark Protection in India-Procedure, Fees & Timelines.

Updated: Apr 13, 2023



 

Trademark protection is an essential component of any business in India. It provides legal protection to a company's unique identity, preventing others from using its name, logo, or slogan without permission. In this blog post, we will discuss the trademark procedure, applicable fees, forms, and timelines involved in obtaining trademark protection in India.


Trademark Procedure:


The trademark registration process in India involves the following steps:

Step 1: Trademark Search

The first step is to conduct a trademark search to determine if the proposed mark is already registered or if there are any similar marks. It is crucial to ensure that the mark is unique and distinctive.

Step 2: Filing of Trademark Application

The next step is to file a trademark application with the Trademark Registrar. The application can be filed online or offline. The application should contain the following details:

  • Name, address, and nationality of the applicant

  • Description of goods or services for which the trademark is sought

  • A representation of the trademark

  • Date of first use of the trademark (if any)

  • Power of attorney (if the application is filed through an agent)

Step 3: Examination of Application The Trademark Registrar examines the application to ensure that it complies with the provisions of the Trademark Act, 1999. The Registrar may raise objections, which must be addressed within one month.

Step 4: Publication of Trademark

If the Registrar is satisfied with the application, it is published in the Trademarks Journal. The public has an opportunity to oppose the registration within four months from the date of publication.

Step 5: Registration of Trademark

If there is no opposition, or if the opposition is unsuccessful, the trademark is registered, and a registration certificate is issued. The trademark is valid for ten years, and it can be renewed indefinitely for successive ten-year periods.


Applicable Fees:

The fees for trademark registration in India vary depending on the mode of application and the number of classes of goods or services for which the trademark is registered. For online applications, the fee is lower than the fee for offline applications. The fee for registration of a trademark in a single class of goods or services is INR 4500 for Individual / Startup/Small Enterprise.


Forms:

The following forms are used in the trademark registration process:

  • Form TM-A: Application for Trademark Registration

  • Form TM-O: Opposition of Trademark Application

  • Form TM-R: Renewal or Registration of Trademark

Timelines Involved:

The trademark registration process in India takes approximately 18-24 months. The timeline may be longer if there are objections or oppositions to the registration. Once the trademark is registered, it is valid for ten years from the date of filing. It can be renewed indefinitely for successive ten-year periods.


Conclusion:

Trademark protection is vital for any business operating in India. The trademark registration process involves conducting a trademark search, filing a trademark application, examination of the application, publication of the trademark, and registration of the trademark. The fees for trademark registration in India vary depending on the mode of application, applicant and the number of classes of goods or services for which the trademark is registered. The trademark registration process takes approximately 18-24 months, and the trademark is valid for ten years from the date of filing, with the option to renew it indefinitely for successive ten-year periods.


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