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Steps involved in Registration of Trademark in India

Hello friends, today we shall discuss the basic steps involved in registration of trademark.

Broadly speaking, in order to protect the name of your business entity, one needs to get their name registered. In other words, get the trademark registered. Trademark generally be classified as a WORD mark or a logo i.e., referred as DEVICE mark. Although there are other types of trademark types like shape, sound, color etc. But the most common are Wordmark and Logo.

The online fees fixed in case of individual/sole proprietorship/small enterprise is 4500/- rupees and in case of a company / partnership and others is 9000/- rupees.

The trademark can be registered through online mode by paying the requisite fee and filing the form TM-A available on the official website accompanied by power of attorney in case the said mark is filed through an agent/attorney.

Once the application is filed, an application no. is generated which is used for future correspondence.

Following are the stages from which the application goes through before finally it is registered: -

1. The application goes through initial screening and thereafter in case of the word mark it shows the status ‘formalities check pass’ and in case of device mark this stage is preceded by status ‘send to Vienna convention’

2. Then in case the mark is found to be unique and distinctive, the same is deemed to be accepted and advertised. On the other hand, in case the said mark is objected by way of an examination report, then the applicant needs to file a reply to the same within period of 30 days from receipt of the same. Failure to file the reply within stipulated period, may deem it abandoned. In case, the reply is not satisfactory, it may further require a hearing which can be done either physically or through video conference and the same needs to be mentioned in the reply to itself.

3.  After a mark is accepted and advertised, then the same is listed in the journal and is open to opposition from general public within 4 months. In case no objection is received, then the said mark is said to be registered. 

4.When the application is filed, since that day onwards, the applicant can use the said mark by writing ‘tm’ along with the mark. Once it is registered, in such a scenario the applicant can use the symbol ‘r’ enclosed in the circle along with mark symbolizing that the mark is registered.

In case, there arise any error during filing of the application, the same can be rectified by filing a form TM-M along with requisite fee of 900/- rupees.

It is important to note that for filing the online applications you are required to have a valid attorney code and a digital signature to sign the said application.

I hope the above information will be useful for filing the trademark application in India.

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