In this blog post, Soumya Deshawar, a student of the University of Petroleum and Energy Studies, Dehradun, enumerates the steps for the registration of Trademarks in India. The post further provides the steps for the online search of a trademark, in detail with screenshots for the help of the readers. Also, the process of filing the opposition for the trademark has been provided in this blog post.

 

 

Steps for Registeration of a Trademark in Inida

Step 1: An application for the registration of a trademark is to be filed before the Registrar of Trademark. It should be filed at the Head Office or the Branch Office of the Trademark Registry Office corresponding to the place where the applicant carries on his/her business.  Then, the application is digitalized and formally checked.

The Trademark Registries in India are in Delhi, Chennai, Mumbai, Kolkata and Ahmedabad.

 

Step 2: The mark to be registered is then examined as to whether it is capable of being distinguished, whether or not it has been prohibited for registration by any law in force for the time being, whether the registration of such mark will cause confusion in minds of people due to the existence of a similar mark or not. The examination of all the applications for trademark registration is done at the head office of the Trademark Registry in Mumbai.

 

Step 3: The proprietor of a business can file an application for use by himself or by his business. It can be filed either in the name of the proprietor or in the name of the business.

 

Step 4: The class under which the proprietor wants his goods/services to be defined should be mentioned by him. This is done in accordance with the Fourth Schedule of the Trademarks Rules, 2002.

 

Step 5: The Registrar decides whether the application should be accepted for registration or not, and any evidence of use or distinctiveness. If accepted, he publishes it in the Trade Marks Journal, an official gazette of the Trade Marks Registry that is hosted weekly on the official website. The registrar’s decision is appealable to the Intellectual Property Appellate Board.

 

Step 6: The final step includes the payment of fees for the relevant trademark registration by the applicant.

The present fees for the application of a trademark, is INR 4,000. Also, the fees for expediting the examination of a mark, is INR 20,000 at present.

 

Following are the forms that are submitted with fees by the applicant in different cases (as mentioned):

• Form TM-1: Application to register a trademark for a specification of goods or services included one class.
• Form TM-2: Application to register a trademark for goods or services included in a class from a convention country.
• Form TM-51: Application for the registration of trademark of goods or services falling under different classes
• Form TM-52: Application for the registration of a trademark of goods and services from a convention country, falling under different classes.

 

Process for the Search of Trademark

To know more about trademark registration please visit 

The search of trademark in India may be done online by following the steps given below:

• Go to the website: http://ipindia.nic.in/ . This is the website of CGPDT of India.

• Select the option ‘Trademarks’ under the head ‘Public Search’.

• The following screen will be obtained.

 

• Now, in the “Wordmark” column, write the starting words of your mark that you want to search.

• Under the “Class” column, mention the class in which your good or service lies.

• The class number looked up for in the “Classification of Goods and Services” under the head “Resources” on the CGPDT website or, you can directly look up for it on the website: http://www.wipo.int/classifications/nivilo/nice/index.htm?lang=EN

• Now, you will get to a page (as shown below) where all the names starting with your mentioned letters and class in the search will be displayed. You may go through the list one by one, or you may select all the marks by ticking the box on the left of the head “S.No”.

• After this, scroll to the bottom of the page, and select the option “Report”. This will generate an instant report of the available similar/identical marks as shown below.

• Now, you can search your mark easily by the “find on page.”
• If you find a similar or identical mark, then:
  • If the mark is “Objected” or “Applied for,” then it is difficult to register your mark, and you should probably think of some other word for your goods or services. If the mark is “Registered”, then your mark can never get registered.
  • On the other hand, if the goods or services listed in the matching mark, then there are possibilities of your mark getting registered if the mark you have applied for is not a well-known mark.

 

Filing An Opposition

The Trademarks Act, 1999 provides that any person can file an opposition against a trademark within a period of three months from the date when the trademark is advertised or re-advertised in the journal. The notice of opposition can be filed with evidence, if any, along with the application.

An application for trademark registration can be opposed on relative or absolute grounds of refusal, as provided in sections 9 and 11 of the Trademarks Act, 1999.

 

Addresses of Trademark Registry offices in India:

Trade Mark Registry Office, Ahmedabad

15/27 National Chambers, 1st Floor
Ashram Road
Ahmedabad-380 009

Telephone: +(91 79) 26580567

Telefax: +(91 79) 26587163

E-mail address: [email protected]

Trade Marks Registry, Mumbai

Trade Marks Registry

Boudhik Sampada Bhawan

S.M.Rroad, Antop Hill,

Mumbai 400 037

Telephone: +(91 22) 24137701

E-mail address: [email protected]

Trademark Registration Office, Chennai

Assistant Registrar of Trade Marks
Trade Marks Registry,
Intellectual Property Office Building
G.S.T. Road, Guindy, Chennai 600032,
Ph : 044-2321992, 22322441, 22322442
Fax:044-24314751
Email: [email protected]

Intellectual Property Office, Delhi

Intellectual Property Office Building,
Plot No. 32, Sector 14, Dwarka,
New Delhi-110075,
Phone : 011-28034304, 28034305 28034306
FAX:011-28034301, 28034302
Email: [email protected]

Intellectual Property Office, Kolkata
Intellectual Property Office Building,
CP-2 Sector V, Salt Lake City,
Kolkata-700091,
Phone : 23671945, 1946, 1987,
FAX-033-2367-1988,
Email:- [email protected]