1What is an Online Trademark Registration India?
Trademark means any symbol, word, name, device, numerals or combination of both, which can be represented graphically can be registered as a trademark. A trademark is a unique symbol which distinguishes your goods or services from others. A Trademark is registered in India under Trademark Act, 1999, which allows the owner to enjoy exclusive ownership of the Brand Name/ Logo under which it is registered.
2What is a trademark Class?
Controller General of Patents, Designs, and Trademarks has classified goods and services under 45 classes. Your application must mention the class/classes the goods/services represent. The trademark would be registered under those classes only.
3Which trademarks cannot be registered?
Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also, a trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are not acceptable to Register a Trademark.
4Which documents required for Online Trademark Registration India?
A copy of the logo/trademark to be registered along with the address and identity proof of the trademark owner is required. In case of Company, the name of the Company along with its Certificate of Incorporation and Address proof is required along with Board Resolution to authorise the Director. Further, any documents to claim User Date, if any, are to be provided as proof.
5How long does it take for the trademark to get registered?
Usually it takes at least 15 to 20 months for the registration of the Trademark applied, after which the owner can use (R) symbol beside the Trademark. However, as soon as Online TM Application is made, the applicant can start using the TM symbol. According to the verification procedure, the registration may get delayed.
6 Should the trademark be filed in the individual’s name or companies name?
Many start-ups register a Trademark based on the founder’s name, whereas large businesses prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the entity.
7Will the trademark be valid outside India?
The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.
8How does my start-up qualify for a 50% rebate on Government fee?
If you have a valid certificate issued by Start-up India (an initiative by Government of India), your start-up gets qualified to avail 50% rebate on Government fees for brand-name registration.
9What is the process of getting a Trademark registered by the Ministry?
Trademark registration process in India consists of the following main components before the Trademark is granted:
- Trademark application in the right class, with all the correct details.
- Send it to Vienna Codification – As soon as a new trademark application is filed, a Vienna Code is assigned if the trademark comprises of figurative elements/logo. Vienna codification is done by the Registry so that the trademark searches can be conducted for artworks/logos.
- Formalities Check – This is the first step of verifying the Trademark
Application whereby the Trademark Registry usually checks if the basic requirements are met. This includes scrutinizing whether the POA has been uploaded (when filed through an attorney) and whether the appropriate translation/transliteration has been filed in case of TM is not filed in English/Hindi.
- An issue of Examination Report from the Ministry – On verification of basic details, the registry examines the application under various sections to see if the Trademark applied for requires any clarification under any of the Legal sections of the Act. When they feel that any information is required, then they would issue an examination report with the relevant section to which a reply MUST be filed.
- Exam Report Issued / Accepted – After acceptance of the Trademark application or submission Examination Reply if the registry is satisfied then they will proceed for the Trademark name or symbol or both to be published in the Trademark Journal.
- “Advertised before acc” or “Advertised” or “Accepted & Advertised” – At this stage, the trademarked name or logo or both are advertised in the Trademark Journal. These are kept open for Objection for 4 months for any third party to oppose the published Trademark. When any such objections are received, the status would change to Opposed – to which a proper reply should be filed.
- Registration– If there are no other objections, clarifications, or oppositions, the trademark application would be accepted and marked as ‘Registered’. This is when the Trademark applicant can start using the ® symbol.
10 What is covered under Trademark Application service by CCAdvisors.in?
It includes t the drafting of entire trademark application along with the guidance for appropriate classes. Moreover, the final filing using the Ministry Registered Attorney is also covered under the service offering of Trademark Application.
11If I register my Brand Name & Logo, would they be considered as 2 applications or 1 application?
The ministry accepts application containing the Logo & Brand name as 1 application if both are submitted together in one image. Hence, the charge for a single application would apply. Separate filings can also be done in case the applicant wants to change the logo or the brand name of one in the future and retain the other.
12Can a multi-class application be filed in India?
Yes, one can apply for registration under multiple classes in one single application.
13What is the Government fee for a Single Class TM Application vs. Multi Class Applications?
For Registry, the fees are levied based on ‘Number of Classes Applied’ and not ‘Number of Applications’. Individual or Start-ups, for each class the government fees of Rs. 4,500 is to be paid. For all other cases, the Government fee of Rs. 9000 is to be paid. For example, if an individual applies for a trademark application under 3 classes, the Government fee will be Rs. 13,500
14Can a registered trademark be amended later?
Yes, the owner can amend the filed mark as per the provision of Section 22 of the Trademarks Act. This allows the amendment of the mark if it does not amount to a substantial change in the character of the mark. Any superficial or insignificant character or feature of the said mark can be amended on a condition – Filing a request in prescribed format along with the copies of the amended label mark.
15Is the trademark liable for removal on the ground of non-use?
Yes, a registered trademark can be removed because of non-use. If it is not used for a continuous period of five years from the date of registration of the trademark and that the application for removal is made after three months from the expiry of these five years, then it can be removed.