It’s always best to register your India trademark if you’re planning on doing business in the subcontinent in India. Here are the steps you need to take.
With a 2020 population of about 1.38 billion people, it’s obviously a good idea to do business in India. To do so successfully, you really do need to make sure you register your brand name and logo, and other trademarks that distinguish your products from the others.
The easiest way to do this is to hire an experienced attorney in India to apply for the India trademark registration for your mark. This is especially true if you want to avoid any issues. However, you can still register your brand trademark on your own. Here are some steps you need to take.
An attorney can do this for you a lot more efficiently. But you can always use Google to check if your brand name or logo is too similar to what’s already in use in India. You have to make sure your brand name and logos are unique, because you’ll want to keep others from using them for their own businesses.
Once you have your name and logo, you then need to fill in the trademark application. This is the Form TM-1.
You’ll also need to obtain the following required support documents to submit with your application:
In this day and age, you can just use the standard e-filing system. You then get the acknowledgement of the application right away. After that, you can officially use your brand name and even mark it with the ™ symbol. However, the manual system is still available, if for some reason you don’t have Internet access. You have to go at one of the offices of the Registrar of Trade Marks. You can find these offices in Mumbai, Delhi, and Kolkata, and also in Ahmedabad and Chennai. You can then get the receipt and acknowledgement of the application after about 15 to 20 days.
Once the Registrar of Trade Marks receives your application, the office will then have their people checking that your brand name and logo are lawful and unique. This can take a while. In fact, the entire trademark registration process usually takes as long as 15 to 18 months.
If your brand name and logo check out, they will then be published in the Indian Trade Mark Journal. Other companies check this journal out to make sure that there aren’t new companies using names and logos that are too similar to theirs. They have 90 to 120 days to make their objections known. If someone objects, your lawyer can deal with the matter.
If no one objects within the stipulated time, your application is officially accepted. Your company gets the Certificate of Registration under the seal of Trademark Registry. You may now use the registered trademark symbol next to your brand name!
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