Trademarks are an essential aspect of businesses and acts as a representative of one’s brand. A trademark may be any symbol, insignia, three-dimensional features, phrase, word or design that distinguishes a certain product and can be used to identify the company’s ownership of the specified product. It acts as a tool to differentiate the various goods available on the market, and are protected by Intellectual Property Rights.
By: Srividhya Rejil, First Year Student at NUALS, Kochi.
Applications for registering trademarks can be made either offline or online. Before reaching the application stage, the applicant must have the designed logo ready. Ideally, it must be unique and not similar to the pre-existing logos of companies worldwide.
Documents required while applying for a trademark:
- Trademark/ Logo Design
- Applicant Details (Name, Place of Business, Address)
- List of Goods or Services with Trademark
- Submission of Power of Attorney
- Digital Signature
- Email ID
Offline trademark registration can be made at any of the five Trademark Registry Offices situated at Mumbai, Ahmedabad, Kolkata, New Delhi, and Chennai. Forms prescribed in the Trade Marks Rules, 2002 should be used while submitting applications.
Online Applications for Trademarks may be submitted via this portal: https://ipindiaonline.gov.in/trademarkefiling/user/frmNewRegistration.aspx
STEP 1: Registration
Before proceeding, the user has to register with the portal. This may be done as a Proprietor, Agent or Attorney. A Code for the same will be required, in addition to a Digital Signature. The Digital Signature must be a class III or II digital signature from any of the Indian Certifying Authorities.
The user will then be required to fill in necessary details like Username and Password to complete the registration process. Upon successful registration, a confirmation mail will be sent to the associated email.
STEP 2: Login
The User can then log in with their Username and Password/ Digital Signature. After logging in, Applications for International registration can be filed using the link IAOI ( International Applications Originating from India), and Domestic Applications can be recorded by using the link New Applications.
STEP 3: Application and Payment
For IAOI, users may select the New MM2(E) Application option and fill in the required details. Temporary Applications or Drafts will be available for review once it has been filled. The document then has to be digitally signed, and once it has been signed successfully, payment has to be done.
The payment request will lead to a payment gateway for a further selection of Bank, Payment mode, etc. Once successful, a payment Acknowledgement will be generated, and a payment receipt may also be obtained. Details regarding the request can be accessed later using the associated Application Number.
Once an application has been submitted, the mark will be examined and compared with other registered marks by the Registrar. The Registrar may object to the implementation of Trademark or propose conditions or alterations to be made before the Trademark is accepted. Once the Trademark is received, the Trademark, along with any terms or restrictions on it, shall be advertised in the Trademark Journal, post which third parties may raise objections, if any. The registered Trademark will remain valid for a period of 10 years, post which it has to be renewed.