Trademarks are Intellectual Property for the business in the form of a unique representation of the product or service offered by the company. It presents the vision of the business in the form of a word, name, logo, or other combinations. Trademarks possess a dominant trait of differentiating one product from others, making it more visible.
With all such traits, a trademark must be protected legally, which is also a form of protecting the company’s goodwill. Trademark registration can be done through the online portal of Intellectual Property India. This article emphasizes the Online process for Trademark Registration.
WHAT APPLICANTS CAN REGISTER THEMSELVES FOR ONLINE FILING OF TRADEMARKS?
An online trademark application can be made by:
- Proprietor/Applicant
- Agent
- Attorney
HOW TO TRADEMARK A NAME, LABEL, AND OTHER UNIQUE MARK THROUGH ONLINE MEANS?
The trademark application is filed in Form TM-A as per the Trademark Rules, 2017.
- Select a unique trademark for the desired product/service.
- Check whether the mark or similar mark is already registered. After all the research has been done to check the mark’s uniqueness, the applicant can proceed to file the trademark application.
- Collect the information/documents required for filing the application.
- Visit the online portal of Intellectual property India.
(https://ipindiaonline.gov.in/trademarkefiling/user/frmloginnew.aspx)
- Register the applicant as a new user or if the applicant is already registered, log in with User ID and Password or DSC.
- Check for the options available on the left side of the page.
- Click on “new Form Filing”.
- Select “TM-A” for making a new trademark application.
- Select the appropriate option from individual/start-up/small enterprise/others in whose name the trademark application is filed.
- The system will calculate the fee as per the above section.
- Enter the Name, Address, Email Address, Mobile No., Nature, and Legal Status of the applicant.
- Select a Category of Marks (that can be word, Device, Color, etc.) and enter a suitable description of such mark. If a trademark is in any language except English or Hindi, it must translate such a mark into English.
- Details in regards to conditions/limitations for using the trademark must be provided in the next column.
- Carefully select the Class of goods/services.
- Then clarify the “Statement as to use of the mark”.
- Case 1: Under this column, if the trademark is not yet in use and to be used after registration, then select the ‘Proposed to be used’ option.
- Case 2: If the trademark is already in use for providing goods or services, then select ‘The mark is used by the applicant or its predecessor in the title’ and mention the date from which such mark is being used. The applicant must file an affidavit for such use and supporting documents in the scenario mentioned above.
- Any other information relevant to such application must be mentioned in column of “Any Other Important Information or Statement”.
- As a next step, mention the name, signature, and authority of the person submitting the application.
- Attach the relevant documents and then affix the digital signature.
- The last step is to pay the statutory fees for such an application and download the acknowledgment.
WHAT DOCUMENTS ARE NECESSARY FOR TRADEMARK REGISTRATION?
Trademark Registration requires the following documents as mentioned hereunder:
- POA (Power of Attorney) duly signed by the applicant,
- Soft copy of trademark,
- Business Registration proof in the case of a company,
- Address proof and Identity proof of the applicant or authorized signatory.
As per the Trade Marks Act, the trademark is valid for ten years to be renewed. After getting the Trademark Registration, the mark is only protected in India and does not provide any international status to such a mark.
REFERENCE:
- https://ipindia.gov.in/form-and-fees-tm.htm
