Explain the law relating to the procedure for registration of Trademark in India

 Here is a point-wise explanation of the law relating to the procedure for registration of a Trademark in India.

✅ Trademark Registration Procedure in India

1. Governing Law

• The Trademark Act, 1999 governs the registration, protection, and enforcement of trademarks in India.

• The rules framed under the Act, i.e., Trademark Rules, 2017, lay down the procedure.

2. What is a Trademark?

• A trademark is any mark capable of being represented graphically and which can distinguish goods or services of one person from others.

• It can include words, names, logos, symbols, shapes, or combinations thereof.

3. Who Can Apply?

• Any individual, company, proprietor, or legal entity claiming to be the owner of a mark used or proposed to be used in the future.

4. Pre-Application Step: Trademark Search

• Conduct a preliminary search on the IP India website (ipindia.gov.in) to:

  • Ensure the trademark is unique.

  • Avoid objections or oppositions.

5. Filing the Trademark Application (Form TM-A)

• File Form TM-A online or physically with the Trademark Registry.

• Include:

  • Applicant's details

  • Representation of the trademark

  • List of goods/services (as per Nice Classification)

  • Power of Attorney (if using an agent)

6. Payment of Prescribed Fee

• Fee depends on the type of applicant:

  • ₹4,500 (individual/startup/small enterprise)

  • ₹9,000 (others)

• Fee must be paid electronically or via demand draft.

7. Examination by Registrar

• The Registrar checks the application:

  • Verifies distinctiveness.

  • Checks for conflict with existing trademarks.

  • Issues an Examination Report within 30–45 days.

8. Reply to Examination Report

• If the report has objections, the applicant must:

  • File a written reply within 30 days.

  • May be called for a hearing to clarify.

9. Publication in the Trademark Journal

• If accepted, the trademark is published in the Trademark Journal for 4 months.

• Purpose: Allow the public to file an opposition if they believe the trademark affects their rights.

10. Opposition Proceedings (if any)

• Any third party may file an opposition using Form TM-O.

• Both parties submit evidence and attend hearings.

• The Registrar either accepts or rejects the opposition.

11. Registration and Issuance of Certificate

• If no opposition or opposition is dismissed, the trademark is registered.

• A Trademark Registration Certificate is issued with a unique registration number.

12. Validity and Renewal

• Trademark is valid for 10 years from the date of application.

• Can be renewed indefinitely every 10 years by filing Form TM-R and paying the fee.

13. Rights After Registration

• Right to exclusive use of the trademark.

• Right to sue for infringement.

• Right to assign or license the mark.

14. Online Filing Portal

• Official portal: https://ipindia.gov.in

• The user must create a login account and use the Comprehensive E-filing Services for submission.

15. Common Mistakes to Avoid

• Choosing generic or descriptive words.

• Failing to conduct a trademark search.

• Not responding to the Examination Report in time.

📌 Conclusion:

Registering a trademark not only helps protect your brand identity, but it also enables legal enforcement against misuse or infringement. The process, while technical, becomes easy with professional guidance and timely compliance.