Every business needs a logo and a name to get recognition. It is that name or your signature that differentiates you from other businesses and competitors. The best way to create a brand for yourself which no one else can copy is by getting it registered under the Trademarks Act, 1999. A trademark is a unique name, logo, symbol, signature, sound, shape, number, alphanumeric number, combination of words or letters etc. that once registered cannot be used by anyone else other than its owner or proprietor. Trademarks offer an exclusive right of usage to the person under whose name it is registered. Trademark registration in Delhi is an easy task but it takes time to complete the whole process before it is allotted.
How to get trademark in India
To get a trademark registered an application in Form TM-1 must be submitted online. The application form must be filled completely and submitted along with a soft copy of the logo or signature, Form TM-48 which provides authorization of use, date from which the trademark is being used, name and address of the proprietor or owner. The applicant also needs to pay a nominal government fee, that is, trademark registration cost of Rs. 4000 (expected to be increased to Rs. 8000).
The application is submitted at one of these offices, viz. Mumbai, Delhi, Ahmedabad, Kolkata and Chennai, depending upon the place of business. Before submitting an application for registration of trademark, the proprietor or owner must make a pre-registration search to check the mark’s availability. To prevent infringement and similarity, Trademarks Office prefers to register only unique marks.
After months of deliberation the Registrar from the Trademarks Office will get in touch with you and ask you to give some clarifications. Once all the questions are answered, the registrar will get your application published in the Indian TradeMarks Journal. If no objections are received within the next 3 months, the trademark will be registered in the name of the proprietor or owner.
Every trademark is registered for a period of 10 years, post which it needs to be renewed. Every renewal is done for a term of 10 years and a proprietor or owner can get it renewed any number of times.
How to get trademark in India
To get a trademark registered an application in Form TM-1 must be submitted online. The application form must be filled completely and submitted along with a soft copy of the logo or signature, Form TM-48 which provides authorization of use, date from which the trademark is being used, name and address of the proprietor or owner. The applicant also needs to pay a nominal government fee, that is, trademark registration cost of Rs. 4000 (expected to be increased to Rs. 8000).
The application is submitted at one of these offices, viz. Mumbai, Delhi, Ahmedabad, Kolkata and Chennai, depending upon the place of business. Before submitting an application for registration of trademark, the proprietor or owner must make a pre-registration search to check the mark’s availability. To prevent infringement and similarity, Trademarks Office prefers to register only unique marks.
After months of deliberation the Registrar from the Trademarks Office will get in touch with you and ask you to give some clarifications. Once all the questions are answered, the registrar will get your application published in the Indian TradeMarks Journal. If no objections are received within the next 3 months, the trademark will be registered in the name of the proprietor or owner.
Every trademark is registered for a period of 10 years, post which it needs to be renewed. Every renewal is done for a term of 10 years and a proprietor or owner can get it renewed any number of times.
