Trademark Registration in India 2022: Documentation, Procedure & Advantages

Well if you are planning to start a business or product, and you want to trademark registration in India, then this article will help you understand every aspect of it.

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trademark registration in india

Trademark Registration in India

A company is identified by its branding and name. It’s a mark of quality that distinguishes the products and services offered by an organization from similar services, which are often a source of confusion in the marketplace. 

The logo and name of a company are also acknowledged and trusted by consumers, and that is why many companies seek trademark registration at the beginning of their existence. There is no doubt that competition is a reality in business. 

The success of your business can only be achieved by the effective implementation of business strategies and plans that give you an advantage edge over your competition. The term “competition” refers to the growing demand for your product or service, which triggered an increase in competition.

Well if you are planning to start a business or product, and you want to trademark registration in India, then this article will help you understand every aspect of it.

Why Is Trademark Registration in India Necessary?

Trademarks are a symbol that can help you differentiate the products manufactured by your business from those of other companies. Every famous company across the world has particular trademarks that they own. 

A trademark could be a word, a name, or even a symbol. If you trademark your company’s name, it is now guaranteed that nobody else will ever sell your products using your name. If someone does it is done, the laws of your nation will protect you.

Benefits of Trademark Registration in India Protection

Trademark registration in India is always an excellent idea since it provides you with a variety of advantages. 

Here are the top advantages of trademark registration:

  • When you register your trademark, it will keep rivals from using your identical name. 
  • By doing this, you’ll be able to protect your business from the additional costs related to settlements for claims and damage. In today’s business world there is a multitude of counterfeiters that try to earn money by copying designs of brands that have been successful. 
  • This could damage your brand’s image and the trust of your customers. If your products are counterfeited, it is easy to demonstrate your identity as the genuine producer, if your company or brand is licensed as a trademark under the Trademark Act.
  • The trademark registration in India also alerts you of any existing brand on the marketplace. This ensures that you don’t get caught in any false accusations made against your company. Additionally, it will save you from the stress that comes with rebranding and resetting your business.
  • trademark registration in India will create a feeling of accountability within you. As the owner, you’ll be able to continue your hard job to offer high-quality products to your customers.
  • Furthermore, trademarks are an asset to your company that can be purchased, sold, or licensed. You may also ask for fees if a retailer or shopkeeper would like to use your trademark.

Steps to Trademark Your Business in India

steps to trademark your business

There are a few businesses and their owners who insist on putting off trademark registration in India until there is a serious issue in their business. This could be risky as another person could be able to trademark the name you’ve created the brand.

Instead of not waiting until it’s too late, start the trademark registration in India process early as you can. 

Here’s the outline of the procedure:

Step 1:- Search

It is necessary to conduct a thorough search of your trademark’s logo and the name of your brand before proceeding with registration.

Step 2:- Class 

Marks used in different industries are classified into various classes. There are around 45 categories of goods and services. Following the nature of your business, you may apply to have your business registered under different trademarks at the same time.

Step 3:- Application

According to the outcome of the searches, If the trademark is registered applicants can apply for the mark and begin by using the (TM) symbol along with the logo of their company after receiving an acknowledgement of your trademark request.

Step 4:- Registration 

The trademark office first performs an all-around review based on your application to make sure there isn’t an objection. If the verification is successful, and there isn’t a single objection, or the request is legitimate.

The trademark office will then publish an announcement in the Trademarks Journal. If there isn’t any opposition from any other business owners 4 months from now, then they move ahead to register your trademark about six months later.

Documents Required to Trademark Your Business

The documents you will need to supply when filling out an application for trademark registration in India for your company are:

  • The logo for your business/brand.
  • It is essential to provide them with an overview of your company. It is important to define the trademark class of which your company is a part.
  • A certified copy of the Power of Attorney.
  • Aadhaar card or driving license passport of the owner of the business as proof of identity.
  • The proprietor of the business is also required to present the company with a certified copy of its address proof documents.

Cost of Trademark

The trademark registration in India costs are:

  • For startups, Rs, 4500/- is the minimum amount for small and individual companies.
  • Rs, 9000/- For other situations.

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Conclusion

Registration of your trademark is always an excellent idea since it provides you with a variety of advantages. Instead of not waiting until it’s too late, start the registration process early as you can. 

If you’re still having questions regarding trademark registration in India, we are ODINT Consultancy. We are here to assist you in every way.

FAQ’s

Trademarks are overseen through the U.S. Patent and Trademark Office (USPTO). There is no legal requirement to sign up for trademarks. A business name may confer common law rights even without having to register it.

The process of registering trademarks is a lengthy procedure and can take between 18-24 months to get a trademark registration straightforwardly, without opposition or objections. 

All trademarks registered to trade have validity for a period which is 10 years starting from the date of registration. When the time comes to expire, validity, a trademark can be renewed through the payment of the Government fee to register it.

It is not possible to trademark your name to use for business purposes. You’re only allowed to trademark a brand name you use in your business or plan to use in your business in the near future. 

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