How to register trademark in India

Registering a trademark in India is a process governed by the Trade Marks Act, of 1999. A trademark is a sign, design, or expression that identifies products or services of a particular source from those of others. The registration provides the owner with the exclusive right to use the mark for their goods or services. Here’s a detailed step-by-step guide on how to register a trademark in India:
1. Preliminary Steps
a. Understanding Trademarks
A trademark can be any word, symbol, logo, brand name, packaging, or any combination of these, that helps consumers identify and distinguish the goods or services of one entity from another. Trademarks serve as a badge of origin and guarantee the quality of the products or services.

b. Types of Trademarks
Product Mark: For goods.
Service Mark: For services.
Collective Mark: Used by an association to indicate membership.
Certification Mark: Indicates that a product meets certain standards.
Shape Mark: Identifies the shape of the goods or their packaging.
Pattern Mark: A design pattern associated with a product.
Sound Mark: A sound associated with a product or service.
c. Pre-Filing Search
Before filing a trademark application, it is crucial to conduct a thorough search to check whether a similar or identical trademark already exists in the registry. This helps in avoiding potential objections and rejections by the Trademark Registry. The search can be conducted on the Indian Trademark Office’s official website.

2. Application Process
a. Choosing the Right Class
India follows the Nice Classification, which categorizes goods and services into 45 classes. You need to choose the appropriate class for your product or service. For example, Class 25 covers clothing, footwear, and headgear, while Class 41 pertains to education, providing training, entertainment, and sporting and cultural activities.

b. Filing the Application
The application for trademark registration can be filed either manually or electronically through the e-filing portal of the Controller General of Patents, Designs, and Trademarks (CGPDTM).

Steps for Filing:

Fill in the Application Form: For online filing, the form TM-A is used, and it must be filled out with the required details.

Details to be Included:

The applicant's name, address, and nationality.
A description of the trademark.
A list of goods or services for which the trademark will be used.
The class or classes of goods/services.
Power of Attorney, if the application is filed through an agent.
Priority claim details, if any.
Submission of Documents: Along with the form, the applicant must submit:

A soft copy of the trademark.
Proof of identity and address of the applicant.
Power of Attorney, if applicable.
Payment of Fees: The fee for filing the application varies depending on the type of applicant (individual, startup, small enterprise, or others) and the number of classes selected.

c. Application Number
Once the application is filed, the Trademark Registry assigns an application number. This number is used to track the status of the application.

3. Examination Process
a. Examination by the Trademark Office
After filing, the Trademark Office examines the application to ensure compliance with the requirements of the Trade Marks Act. The examination includes a search for prior identical or similar trademarks.

b. Examination Report
Based on the examination, the Trademark Office issues an examination report which may accept the application unconditionally, object to it, or request further clarification. The applicant must respond to the objections within one month from the date of receipt of the report.

c. Hearing
If the examiner is not satisfied with the response to the examination report, a hearing is scheduled where the applicant or their authorized agent must present their case.

4. Publication in the Trademark Journal
If the application is accepted after examination or the hearing, the trademark is published in the Trademark Journal. This publication allows the public to oppose the registration of the trademark within four months from the date of publication.

https://www.compliancecalendar.in/trademark-objection