Trademark is a Word, Logo, Numerals, Slogan which differentiates products and services of one business from that of another Trademark Registration provides the legal right for the exclusive use of the mark to the owner of the trademark. Presently in India Trademark Registration takes around 2 years for the mark to get registered; however, registration is effective from the date of filing of trademark application.
Example of Trademark: Pepsi and Coca Cola are two trademarks from the same industry (beverages) which distinctly identifies the source or origin of the goods as well as an indication of quality.
Stage 1 Trademark Search for Trademark Registration
Before making any step further for a trademark application, a trademark search is a very important thing that is required to be made from the trademark database provided by the trademark department.
Stage 2 Trademark Application Filing Trademark Registration
Once the Trademark Search report is positive, you can proceed for trademark application filing with Trademark Agent/Attorney.
Some of the following information is required for filing the Trademark Application.
Download TRADEMARK QUESTIONNAIRE
- (Please fill in the following table and email us at mail@fastlegal.in)
S.No. Particulars Details 1. Applicant Name (Pvt. Ltd./Public Ltd./Partnership Firm/Proprietorship Firm/Trust/Individual)
2. Address of the Applicant 3. Type of Organisation (Pvt. Ltd./Public Ltd./Partnership Firm/Proprietorship Firm/Trust/Individual)
4. Full name of the Signatory (On behalf of company/firm/trust)
5. Designation of Signatory 6. Nationality of Signatory 7. Father’s / husband’s name of Signatory 8. Residence address of the signatory 9. Age of signatory 10. Mark/brand name 11. Goods / services (exact) 12. Trade description (Manufacturer/Traders, Service Providers)
13. User Date of the Brand/Mark 14. Class of Trade Mark. Kindly refer to class details- there are 45 classes of trade mark. 15. Contact No. 16. Email id
2. Documents Required: Signed Power of Attorney in form TM-48 from the applicant is required to be given to Trademark Attorney
Stage 3. Submission of Trademark Registration Application:
Once all the information and documents are ready, Trademark Attorney files the TM application to the Trademark Registry. This process usually takes 1-3 hours.
Stage 4. Trademark Application No and use of TM/SM along with your Mark:
Once the TM application is submitted, an application is generated for every TM application. Once you get the application no. TM can be used along with your mark.
Stage 5. Issue of Examination Report by Trademark Registry:
Normally Trademark Examination report is issued after 5-10 months of the filing of TM application. In this step, if any objection is received than the applicant through his attorney has to file a reply for the same to the TM registry and if no objection is received than TM gets published in Trademark Journal.
Stage 6. Publishing of Trademark in Trademark Journal for Public Opposition:
Once the mark publishes in trademark journal, it is available for public objection, if any objection is received, opposition proceedings are required to be done and if no objection is received than Trademark
Stage 7. Trademark Registration Certificate:
Once all the proceedings are complete than the Trademark Registration certificate is issued and the proprietor becomes the absolute owner of the mark.