Trademark Registration

Any mark that is identical or deceptively similar to an existing registered trademark, or a trademark for which the application for registration is already in process, such trademarks cannot be registered. Also, a mark that would likely cause a deception or confusion, or that appears offensive may not be registered. Geographical names, common names, common trade words and common abbreviation are also not registrable.

The registered trademark is valid for a period of 10 years from the date of application registration. It can be renewed every 10 years, perpetually. In India, renewal request is to be filed within Six months before the expiry of the last registration of trademark.

Usually, it takes at least 15 to 18 months for Trademark registration in India once applied. Post which the owner can use (R) symbol beside the Trademark. However, as soon as the online Trademark Application is filed, the applicant can start using the (TM) symbol. The registration may get delayed due to the verification procedure.

The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.

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.

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.

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.

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.