India - Register a Trade Mark (Brand Name)

ProcedureEdit

The first step to register a trademark is to identify the categories under which you would like to register a trademark. Classes 1-34 deal with goods, while Classes 35-45 deal with services.
Word and logo trademarks have to be filed separately. This means that the name of your brand should be filed under Class X and separately for any graphic representation (your logo) under Class X. Link for form to register design: Form link
You will need to sign a Power of Attorney to authorize your lawyer to act as your agent. A trademark can be filed in individual capacity but filing through a trademark lawyer is the norm.
A trademark search is optional but allows you to go through the process smoothly and identify in advance any conflicts that may arise.
The lawyer will file your trademark application with the Trademark Office and send you the receipt. After a few days, the lawyer will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office.
Once your trademark is approved it is published in the Trademark Journal.
Office locations and contact information: Contact link
For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc.

Apply Online: - India Register a Trade Mark (Brand Name) Online with Images

Applicant can use the following link to apply online for trade mark registration: : online portal link
The site when opened will prompt for user id. If you have user id and password, then can login using the credentials. If you are new user, please sign up and then login to process.
Once logged in please proceed as per prompts and direction to complete the application procedure. As final phase of process user, shall pay online by reaching the payment gateway.
In the payment gateway page, please select the type of payment(Credit / Debit / Net Banking) and provide required details at prompted places and hit make payment to reach the successive page.
User should follow the screen prompt for the payment mode selected to complete online payment transaction.
Once the payment is accepted, user will get a transaction acknowledgement. Please keep it saved or printed for future reference.

Note:

Please keep respective documents scanned before applying online

In some states applicant shall approach over the counter services like CSC centres/e-seva etc to apply.
In some states applicant shall apply using the respective state department online portal.
Find the contact details and application form from the respective state portal procedures by using the link provided under respective states below.

Please select the state name for respective State Procedure.
Andaman and Nicobar – Andhra Pradesh – Arunachal Pradesh – Assam – Bihar – Chandigarh – Chhattisgarh – Daman and Diu – Goa - Gujarat – Haryana – Himachal Pradesh – Jammu and Kashmir – Jharkhand – Karnataka – Kerala – Lakshadweep – Madhya Pradesh – Maharashtra – Manipur – Meghalaya – Mizoram – Nagaland – New Delhi – Odisha – Puducherry – Punjab – Rajasthan – Sikkim – Tamil Nadu – Telangana – Tripura – Uttar Pradesh – Uttarakhand – West Bengal

Required DocumentsEdit

Power of Attorney signed by the applicant. In the case of corporate body, by the Director or Legal representative of company
Graphical representation of the design
Aadhaar Card
Company ROC details
GST details if required

Note:

All original and copy of original with self attestation as advised by respective authorities to be submitted as per requirement.
Apart from the above documents authorities may ask to submit additional information or documents. Please provide them for processing.

Office Locations & ContactsEdit

Intellectual Property India, BoudhikSampadaBhavan,
Antop Hill, S.M. Road, Mumbai-400037
Phone : + 022-24132735 / Fax : + 022-24123322
E:mail : [email protected]

Link for Contact details: link1 AND Link2

EligibilityEdit

Trademarks can be filed either by the company (and hence owned by the company and its shareholders) or by the founder (and licensed to the company).

FeesEdit

Rs 3500/- per mark per class
Lawyers will charge Rs 1000/- to Rs 3000/- per mark per class
Rs 500/- for trademark search

ValidityEdit

The term of registration of trademark, it is valid for 10 (Ten) years, but may be renewed subject to the payment of the prescribed fee, in accordance with the provisions of the Trademarks Act, 1999.
An application for renewal of a trademark can be filed within six months from the expiry of the last registration of trademark.

Documents to UseEdit

Please attach documents that can be used by people. e.g. links

Sample DocumentsEdit

Please attach sample completed documents that would help other people.

Processing TimeEdit

It takes between 18 and 24 months to receive a trademark.

InstructionsEdit

How to select a trade mark:

If it is a word it should be easy to speak, spell and remember.
The best trademarks are invented words or coined words.
Please avoid selection of a geographical name. No one can have monopoly right on it.
Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc)
It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

Who can apply for a trade mark and how :
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney , period of use of the mark and signature. The application should be in English or Hindi. It should be filed at the appropriate office.

benefits of registering a Trademark :
The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.

Required InformationEdit

A list which displays the kind of information which is required to complete the procedure.
e.g.
1. Date of Birth.
2. City or County of Birth.

Need for the DocumentEdit

Protects your hard earned goodwill and others from cashing on your goodwill in the business.
Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm.
Gives products a status of Branded Goods.
The exclusive right to the use of the trade mark and to obtain relief in respect of infringement (misuse by others) of the trade mark.
A trade mark (brand name) is a visual symbol which may be a word, signature, name, device, label, numerals or combination of colors used by one.
The legal requirements to register a trade mark under the Act are:
- The selected mark should be capable of being represented graphically (that is in the paper form).
- It should be capable of distinguishing the goods or services of one undertaking from those of others.
- It should be used or proposed to be used in relation to goods or services for the purpose of indicating.

Information which might helpEdit

It is advisable to conduct a trademark search for the relevant classes before filing the application to register a trademark in order to make sure that there is no identical or similar trademark already registered or for which an application for registration has been submitted.
Generally, one who has filed an application (pending registration) can use the TM (trademark) designation with the mark to alert the public of his exclusive claim. The claim may or may not be valid. The registration symbol, ®, may only be used when the mark is registered.

External LinksEdit

[1]

OthersEdit

More information which might help people.