Trademark registration in India is a kind of legal procedure that protects the brand name of an individual and business. Thus, no other person can use a similar name for identical goods and services. In addition to conferring legitimate ownership of the name, a trademark also creates brand identity and consumer confidence. This article will walk you through the process of trademark registration in India.

What is a Trademark?

A trademark is a symbol, word, logo, or a combination of these used to identify and distinguish the goods or services of one business from another. Trademarks serve an essential function to guarantee that a consumer would be able to identify the source of a product or service and confer exclusive rights to the trademarked name within the country. Section 2(zb) of the Trademarks Act, 1999, defines a trademark to include any word, name, device, label, numerals, or combination of these used in connection with goods or services to distinguish them from others.

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Why Trademark Your Name?

Trademarking one's name grants the individual legal protection and exclusive rights to prevent others from using a similar mark. It can also contribute to brand recognition and consumer trust in business endeavours.

• Legal Protection: Trademark registration gives the owner legal protection by offering exclusive rights to use the name for business purposes.

• Brand Recognition: It will establish your brand identity so that consumers will easily identify your goods and services.

• Prevent Infringement: Registration of trademarks will prevent others from using a name or mark similar to yours, so that confusion will be avoided, and loss of customers will be prevented.

• Monetary Benefits: A registered trademark enhances the value of your business and can be commercialized through licensing or franchising.

Step by Step Guide to Trademark a Name in India

Trademarking your name involves a series of legal steps, including selecting a unique name, conducting a search, filing the application, and responding to any objections. Here’s a step-by-step process.

Step 1: Select a Unique Name

The first step is to pick a name that is distinctive and less likely to cause confusion with existing trademarks. A descriptive or generic name cannot be trademarked under Section 9(1) of the Trademarks Act, 1999, as marks are not registrable if they are either:

• Deceptively similar to an existing trademark

• Descriptive of the goods or services, for instance, "Best Shoes" for shoes

• Generic terms or names

Tip: Do not use common or generic words unless combined with a unique design, logo, or stylized text.

Step 2: Trademark Search

Before you start, ensure that the name you want to trademark is not already registered. This can be done through a trademark search on the official Indian Trademark Registry portal. According to the Trademark Rules, 2017, applicants are expected to verify the existence of similar or conflicting trademarks before making an application.

Tip: Even if your desired name isn't registered, make sure to check for phonetic similarities, as these could cause confusion and lead to objections during the examination process.

Step 3: Determine the Class of Goods or Services

Class According to the Indian Trade Marks Act, of 1999, trademarks are categorized in classes. The Nice Classification or International Classification of Goods and Services divides trademarks into 45 classes—34 in categories of goods and 11 in categories of services. The class under which the goods or services fall needs to be determined.

Tip: Be strategic when choosing the class. If your business sells a variety of products or offers various services, you could file in multiple classes. It will cost you more money to file in more than one class.

Step 4: File Trademark Application

When you have determined that your name is available and which class to use, you are now ready to prepare the trademark application. The application demands the following information:

• Applicant information: Applicant name, address, and country of origin (personal or corporate applicant)

• Mark details: The logo, wordmark, or design you would like to register

• Description of goods or services: Brief description of the goods or services associated with the mark

• Class of goods/services: Class to which the mark belongs

The application is submitted using Form TM-A as per Rule 23 of the Trademark Rules, 2017.

Step 5: Submission of Application

Trademark applications can be filed online through the IP India portal or in person at the Trademark Office. Section 18 of the Trademarks Act, 1999, states that the application has to be filed within the territorial jurisdiction of the Trademark Office depending upon the applicant's address.

Filing Fees:

• For individuals, startups, and small businesses: ₹4,500 per class

• For companies and large businesses: ₹9,000 per class

The fees are regulated under Rule 21 of the Trademark Rules, 2017.

Tip: Ensure all details are accurate and complete when submitting your application. Mistakes can delay the process or result in the rejection of your trademark.

Step 6: Examination of the Application

Once submitted, the application will be examined by the Registrar of Trademarks. Under Section 18(1) of the Trademarks Act, the application will be subjected to examination to ensure that the requirements of law are complied with. Once no objections are raised, it shall be published.

However, if there exist any problems in the application (like conflicts against other trademarks or not complying), the registrar will issue a First Examination Report (FER), according to Rule 24 of the Trademark Rules, 2017. Such objections will be responded to within a month by the applicant.

Tip: If you receive a FER, respond immediately and make sure you address all of the objections. A failure to respond within the prescribed period may result in a now-abandoned application.

Step 7: Publication in the Trademark Journal

If the examination is passed, then the trademark will be published in the Trademark Journal. The publication provides an opportunity for third parties to oppose the trademark if they think that your trademark is identical or similar to theirs. The opposition period is four months under Section 21 of the Trademarks Act, 1999.

If no opposition is filed, or if the opposition is successfully overcome, then your trademark will be registered.

Step 8: Trademark Registration

After successful opposition clearance, your trademark will be registered, and you will get a Certificate of Registration. According to Section 25(1) of the Trademarks Act, 1999, the trademark will be protected for 10 years from the date of registration. The trademark can be renewed indefinitely every 10 years.

Also, Get to Know Trademark Infringement Under Section 29 of the Trade Marks Act, 1999

Maintenance of Your Trademark

After the registration, it's essential to keep the trademark alive by its continued use. According to the Trademarks Act, 1999, non-use of the trademark for five years or more can be a ground for cancellation under Section 47.

In addition, trademarks need to be renewed after every 10 years, as stated in Section 25(3). You can renew your trademark up to six months before its expiry date.

Know the Key Differences between a Patent and a Trademark

Common Mistakes to Avoid

Avoid common pitfalls like not conducting a trademark search, choosing a generic name, or failing to respond to objections. These can lead to delays or even rejection of your application.

• Not Conducting a Proper Search: Failure to conduct a comprehensive trademark search may result in a conflict with an existing trademark.

• Choosing a Generic Name: A name that is too descriptive or generic is unlikely to be accepted under Section 9(1) of the Trademarks Act.

• Failure to Respond to Objections: If you fail to respond to the First Examination Report (FER) or objections within the time frame given, then your application can be rejected as per Rule 24.

• Not Watching Over Your Trademark: Once it's registered, one should monitor the usage of one's trademark and initiate an action in case of infringement.

Summing Up

Trademarking a name in India is the very first step towards securing and legally protecting your brand. By following the steps outlined above—thorough trademark search, correct application filing, and responding to objections—you will ensure your trademark is registered successfully. A registered trademark gives exclusive rights to your name, ensuring no one else can use it. Regular monitoring and timely renewal will help maintain the validity of your trademark and protect your brand in the marketplace.

FAQs

Q1. What is a trademark?

A trademark refers to a symbol, word, or design that allows you to differentiate the products or services of one company from those of others.

Q2. Why trademark my name?

Trademarking your name protects your brand and gives you exclusive rights, preventing others from using a similar name.

Q3. How to trademark a name in India?

The cost to register a name as a trademark in India is found by doing a trademark search and filing the application at the Trademark Office followed by the registration process.

Q4. What is the cost of trademark registration in India?

Filing fees for registering trademarks in India are: ₹4,500 for individuals and start-ups for each class ₹9,000 for companies

Q5. How long does a Trademark Last in India?

Trademark in India lasts for 10 years, and further renewals are possible without any limits.

Q6. Can I trademark a generic name?

No, generic names or those that describe the product or service cannot be trademarked according to Indian law.