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In today’s competitive marketplace, protecting your brand identity is essential for the long-term success of your business. One of the most effective ways to safeguard your brand is by registering the trademark of your brand or business. A trademark is a name, logo, design or symbol that helps distinguish your brand from those of others in the market. Getting your trademark registered provides legal protection for your mark, helps differentiate your brand from others, builds brand identity and establishes your rights to use the mark exclusively.

If you own a business and are wondering how to protect your mark in India, this guide will walk you through the entire process. We’ll explore the importance of trademarking, the steps involved, and how to ensure your logo is protected under Indian trademark law.

Before diving into the trademark application process, let’s first understand why protecting your trademark is important, especially in the Indian market:

  1. Legal Protection: By registering your trademark in India, you gain exclusive rights to its use in commerce. This means no other business can use a name, logo, symbol, or design that’s identical or confusingly similar to yours, reducing the risk of brand confusion and infringement.
  2. Brand Recognition and Trust: A registered trademark enhances your brand’s credibility. It assures customers that your business is legitimate and protects them from counterfeit products or services. A distinctive mark helps build brand loyalty and trust over time.
  3. Monetary Value and Asset Protection: Your trademark is not just a legal tool; it’s also an asset. A strong, mark can add significant value to your business, especially if you plan to expand, license, or sell your brand in the future.
  4. Nationwide and International Protection: Registering your mark with the Trademark Registry gives you nationwide protection within India. You can also use international systems like the Madrid Protocol to extend your protection to multiple countries, securing your brand globally.

Steps to get protection over your Trademark in India

The process of trademarking in India can seem overwhelming, but breaking it down into steps can make it much simpler. Here’s a detailed guide to help you through the process:

1. Ensure Your Mark is Unique and Distinctive

The first and most important step in trademarking is ensuring that it is distinctive. A trademark must be capable of distinguishing your business from others. If your mark is too generic, common or descriptive, it may not be eligible for trademark protection.

Tips for creating a distinctive logo:

  • Avoid generic terms or symbols that might be commonly used by others in your industry.
  • Avoid using marks that are similar to those of other known brands, whether visually or phonetically.
  • Avoid choosing marks that convey geographic locations, have religious elements or conveys directly what your business is.
  • Incorporate unique design elements (such as original fonts, colours, or symbols) that represent your brand’s personality.
  • Make sure that your mark doesn’t infringe on the trademarks of others.

2. Identify the correct class of goods or services under which your mark falls

Trademarks are classified into several classes which represent different bundles of goods or services. This classification is known as the ‘NICE Classification.’ This system of classification is uniform globally. It is essential that you classify your trademark amongst these classes. The class will be dependent on the nature of your business.

You can access the NICE Classification here: https://nclpub.wipo.int/enfr/. You can go through the classes to identify the correct class in which your mark falls. If your business deals in multiple goods/services, you can choose to file your trademark under all the relevant classes.

For example, if your business is of manufacturing clothing items, it will fall under Class 25, or if you have a restaurant business, it will fall under Class 43.

After rightly classifying your mark, you must perform a comprehensive trademark search to ensure that your mark does not conflict with existing trademarks in India. The Trademark Registry of India allows you to conduct a free online search through its official website.

Here’s how you can perform the search:

  • Visit the official Trademark Search portal available on the Office of the Controller General of Patents, Designs and Trademarks website (ipindia.gov.in).
  • Search for existing trademarks by entering your mark in the search bar and using words closer/related to your mark in the classes you wish to register your trademark.
  • Ensure that your mark is not similar to any trademarks in the search results in the same class of goods or services.

While you can perform this search on your own, it’s highly advisable to consult with an IP professional or trademark expert to help you navigate the search process thoroughly.

3. Prepare Your Trademark Application

Once you confirm that your mark is unique and free of conflicts, you can proceed to prepare the trademark application. Your application must include the following details:

  • Business Information: Provide the name, address, and nature of your business. If you are applying as a company, include the company’s registration details.
  • Your Trademark: Fill in the proper spelling of your mark in the application.
  • Logo Image: In case you have a logo, provide a clear and precise image of your logo. The logo must be in a format that is easy to view, usually JPEG or PNG.
  • Trademark Classification: You will have to choose the class under which you are filing the application. Generally, it is advised that you file separate applications in case of having multiple classes.

Description of Goods/Services: You must specify the goods or services for which you intend to use the mark which fall under the class selected for the application.

4. File Your Trademark Application with the Indian Trademark Office.

Once your application is ready, the next step is to file it with the Trademarks Registry of India. You can file the trademark application online via the official website of the Office of the Controller General of Patents, Designs and Trademarks (www.ipindia.gov.in).

The cost of filing a trademark application in India is relatively affordable. As of now, the government fee for a single class application is:

  • For individuals/startups: ₹4,500 per class.
  • For businesses or companies: ₹9,000 per class.

Do note that if you plan to file your trademark across multiple classes, you will need to pay a separate fee for each class.

5. Trademark Examination

Once your application is submitted, it will be examined by the Trademark Examiner at the Trademarks Registry. The examiner will check if the mark complies with legal requirements and whether it conflicts with any existing trademarks.

If the examiner is satisfied with your application, it will be published in the Trademark Journal. If not, the Examiner will issue an ‘Examination Report’ stating the objections raised in your application. You have to respond to this report in 30 days defending the objections raised.

If the examiner is satisfied with your reply, your mark shall be Published in the Public Trademarks Journal.

6. Publication of Trademark and Oppositions (if any)

Once your trademark is published in the journal, third parties have four months to oppose the registration if they believe it infringes on their existing trademark rights. If a third party files an opposition, you will be notified and the opposition proceedings will start.

If no opposition is received within four months, the mark proceeds to registration.

It is to avoid such opposition that the initial trademark search is absolutely essential.

7. Receive Your Trademark Registration Certificate

If there are no oppositions on your trademark or if any oppositions are decided in your favour, your trademark will be officially registered.

The Trademark Office will issue a Trademark Registration Certificate, which serves as proof of your exclusive rights to use the mark.

Your trademark is valid for 10 years from the date of registration and can be renewed indefinitely as long as you continue to use the logo.

8. Maintain Your Trademark

To keep your trademark rights active, it’s essential to:

  • Use the Trademark Continuously: Ensure that your logo is being used in commerce. Non-use for three consecutive years can make your mark liable for cancellation.
  • File Renewals: You must file a trademark renewal application every 10 years to keep your registration active.

Common Mistakes to Avoid When Trademarking

  • Neglecting the Trademark Search: Failing to check for conflicting trademarks can result in the rejection of your application or lead to legal issues, such as objections and oppositions as mentioned above or even infringement suits in relevant court of law.
  • Choosing a Generic Mark: Generic logos are unlikely to be granted trademark protection.
  • Improperly Classifying Goods/Services: Incorrectly categorizing your logo under the wrong class can lead to delays or rejection.
  • Not Renewing Your Trademark: Forgetting to renew your trademark every 10 years may lead to losing your exclusive rights.

Conclusion

Protecting your Trademark in India is a vital step in protecting your brand, ensuring that it stands out in the marketplace, and safeguarding your business from infringement. By following the steps outlined in this guide, you can secure exclusive rights to your mark and establish a strong, legally protected brand identity.

For businesses across India, Brainiac IP Solutions can assist you with all aspects of trademark registration. Whether you’re starting from scratch or need help navigating complex legal requirements, our expert team is here to guide you through the trademark application process, ensuring your mark is properly protected.

Ready to protect your trademark? Contact Brainiac IP Solutions today for professional and reliable trademarking services.

Get in touch with the Brainiac Team

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