Trademark Registration

Why Trademark?

1. The most valuable asset, the brand name, and the logo will be covered and protected under the trademark registration.
2. Provides nationwide ownership.
3. This grand and official notice on the existence of a trademark in use, which cannot be ignored.
4. Right to publicly advertise the brand name and logo which alerts the prevention from violation.
5. After the registration, the appearance of the trademark will discourage others from copying or opting for a similar name or logo.
6. The National Trademark office in Delhi will refuse any application with a similar or confusing name/logo already registered.
7. The trademark owner can claim up to triple damages from breaching.
8. The trademark owner is given the supposition of the mark owner.
9. Any firm with a trademark can file a dispute resolution for infringement without much complexity.
10. The owner is given the automatic right to sue in any court.

Things to remember in Online Registration

• The Vienna Codification Process

The Vienna Classification or Vienna Codification is established by the Vienna agreement (1973). It is the international classification of marks’ symbolic elements. After applying, the Registrar will apply for the Vienna classification to the Trademark. During this process, the trademark application status usually reflects as "Sent for Vienna Codification."

• Trademark examination

The trademark officer will examine the trademark under certain guidelines and procedures. The officer might accept or reject the application as per his/her discretion.

• Hearing Before Trademark Register/officer

If the application is rejected the applicant can appear before the trademark officer to address the objection or for the hearing. The application will be passed once the officer is convinced by the documents presented. And if not, then the Intellectual Property Appellate Board can be contacted.

What documents are required for registering a Trademark?

Online registration can be completed in 24 hr along with these proofs on the owner:

• PAN
• Passport
• Aadhar Card.
• Incorporation certificate (In case of a Company or LLP)
• Udyog Aadhar Registration
• Logo if applicable and available
• Address proof.

Procedure of Registration

1. Trademark search

2. Preparing the application – form 48 and TM-1 is prepared for approval and the signature of the applicant is made.

3. Filing of the application – for a small-scale entity, the fee starts at 4500/-

4. The final processing by the Government – in case of objection, the applicant must submit an objection reply within 30 days. 

Recent Updates

Sony Playstation 5 Launch May Delay

08th October: The launch of Sony’s Playstation 5 can be delayed in India because a Delhi guy owns the trademark three months back. He filed the trademark on October 29th 2019.

Tata Motors Trademarks The Name 'Timero' for its Upcoming SUV In India

18 September 2020: As per the Ministry of Commerce and Industry's database, the Tata Motors has trademarked the name ‘Timero'. So, it is likely that 'Tata Timero' could be the official name of the company's upcoming micro SUV, due for launch towards the end of 2020. The company filed for the trademark registration last year.

Trademark Registration Webinar Organized by MSME Institute Srinagar

30th July: The Institute of Micro, Small & Medium Enterprise, under MSME Ministry organized a webinar on intellectual property rights. A special focus was on trademark registration and its benefits. Senior officials of the government including Director Industries and Commerce Kashmir were available.

Baba Ramdev’s Anti Covid Drug ‘Coronil’ Refrained from Use: Madras High Court

18th July: Arudra Engineering Private Limited, a Chennai based firm has claimed the ownership of ‘Coronil’. The company claimed it had registered ‘Coronil 92B’ and ‘Coronil-213 SPL’ in 1993.

India Occupies its Place Among Top 10 Nations

01st July: The recent years have seen a sharp rise in intellectual property filings. According to the World Intellectual Property Indicators 2019 Report, India has occupied the 10th position in IP filing activity.

91816 trademarks filed in 4 months

23rd April: From 1st January to April 22, a total of 91816 trademarks have been filed in India. The lockdown has not much impacted the workings of the Indian Trademark Registry.

Apple launches website and app for COVID-19

23rd April: To keep us updated with helping us take protective measures against COVID-19, the renowned company Apple launches a website and an app. In this regard, it has filed a trademark under the international trademark class 9.