Hello Guys , In this blog I am going to share about Trademark in India, Trademark fees, Trademark registration, Trademark classes, and Trademark Status, so lets start-
EASY TRADEMARK DEFINATION IN INDIA-
In India, a trademark is a recognizable sign, design, logo, or expression which identifies products and services of a particular source from those of others. Trademarks are registered and protected by the government through the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM). In order to register a trademark, an application must be filed with the CGPDTM and meet certain requirements, including that the trademark must be distinctive and not already in use by another party. Once registered, a trademark can be renewed in every 10 years. Infringement of a registered trademark can result in legal action being taken against the infringing party.
HOW TO REGISTER TRADEMARK IN INDIA-
Register a trademark in India, also follow these steps:-
1. Conduct a trademark search: Before filing your application, it’s important to conduct a search to ensure that the trademark you want to register is not already in use by someone else.
2. File an application: Once you have confirmed that your trademark is available, you can file an application with the Indian Trade Marks Office. You will need to provide details about your proposed trademark, as well as information about your business or organization.
3. Pay the fees: You will need to pay the appropriate fees to the Indian Trade Marks Office. The fees will depend on the type of trademark you are registering, and whether you are filing as an individual or an organization.
4. Wait for examination: Your application will be examined by the Indian Trade Marks Office. They will check that your trademark is available and that it meets the requirements for registration.
5. Respond to any objections: If there are any objections to your application, you will need to respond to them. You may need to provide additional information or make changes to your trademark.
6. Wait for registration: Once your trademark has been approved, it will be registered. You will receive a certificate of registration, which serves as proof of your ownership of the trademark.
It is advisable to take assistance from trademark attorney or agent.
HOW TO APPLY TRADEMARK IN INDIA-
In order to apply for a trademark in India, you will need to follow these steps:
Search the trademark database to ensure that the trademark you wish to use is available and not already registered by someone else.
Prepare and file a trademark application with the Indian Trademark Office, along with the required documents and fees.
Once the application is filed, it will be examined by the Trademark Office to ensure that it meets all legal requirements and does not infringe on any existing trademarks.
If the application is approved, it will be published in the trademark journal and any interested party can file opposition within 4 months from the date of publication.
If there is no opposition, or if any opposition is overcome, your trademark will be registered.
Once the trademark is registered, you will need to renew it every 10 years to maintain its validity.
It is advisable to consult with a trademark attorney to assist in the process.
TYPES OF TRADEMARK IN INDIA-
In India, there are several types of trademarks that can be registered. These include:
1. Ordinary trademarks:– These are trademarks that are used to identify goods or services in the normal course of trade.
2. Service trademarks:- These are trademarks that are used to identify services rather than goods.
3. Collective trademarks:– These are trademarks that are owned and used by a group or association of individuals or companies.
4. Certification trademarks:– These are trademarks that are used to certify the origin, material, mode of manufacture, quality, accuracy, or other characteristics of goods or services.
5. Well-known trademarks:- These are trademarks that are widely known and recognized by the general public in India.
6. Trademark for sound:– These are trademarks that are represented graphically which includes features like sound , smell or shape.
It is important to note that, Trademark registration process in India is governed by The Trade Marks Act, 1999 and The Trade Marks Rules, 2017.
COST OF TRADEMARK IN INDIA–
The cost of registering a trademark in India varies depending on a number of factors, including the type of trademark, the class of goods or services it covers, and the legal services used to assist with the registration process. Typically, the cost can range from around INR 10,000 to INR 50,000 or more for a basic registration, with additional fees for more complex or specialized trademarks or for legal services. Additionally, there are also annual renewal fees for maintaining a trademark registration in India.
RENEWAL OF TRADEMARK IN INDIA–
In India, a trademark registration is valid for 10 years time period from the date of registration. Renewal of a trademark registration can be done within 6 months before the expiry of the current registration or within a grace period of 6 months after the expiry date.
The process for renewing a trademark registration in India involves filing a renewal application with the Indian Trademark Office, paying the required fees, and providing evidence of use of the trademark during the preceding years. The renewal application must be filed by the registered proprietor or their authorized agent.
It is important to note that if a trademark registration is not renewed within the prescribed time frame, it can be removed from the register of trademarks and will no longer be protected under Indian trademark laws.
IP INDIA TRADEMARK–
IP India is the Indian Intellectual Property Office, which is responsible for registering and managing trademarks, patents, copyrights, and other forms of intellectual property in India.
Trademark registration in India is administered by the Indian Trademark Office, which is a division of IP India. The process of trademark registration in India involves filing a trademark application, paying the required fees, and conducting a trademark search to ensure that the proposed trademark is not already in use and never registered by someone else.
If the trademark application is accepted, it will be published in the Indian Trade Marks Journal for a period of four months to allow for any opposition to the registration. If no opposition is received or if any opposition is unsuccessful, the trademark will be registered and a certificate of registration will be issued.
Trademark registration in India is valid for 10 years from the date of registration and it can be renewed for every 10 years. It is important to note that use of a trademark must be established before the registration can be renewed.
TRADEMARK CLASS IN INDIA–
In India, trademarks are classified into 45 different classes, as per the International Classification of Goods and Services (Nice Classification). These classes are used to categorize the goods and services for which a trademark is registered. 45 classes are divided into these parts 34 classes are reserved for goods and 11 classes are reserved for services.
The first 34 classes cover various types of goods, such as chemicals, clothing, furniture, and vehicles. The last 11 classes cover different types of services, such as advertising, banking, transportation, and education.
When filing a trademark application in India, the applicant must specify the class or classes of goods or services for which the trademark will be used. It is important to select the correct class or classes for the goods or services, as a trademark registration is only valid for the specific class or classes for which it is registered.
It is also important to note that while registering a trademark, it is possible to register it under multiple classes as well, if the goods/services fall under different classes.
HOW MANY TRADEMARK ARE THERE IN INDIA–
As of 2021, there are approximately 2.8 million registered trademarks in India. However, this number is constantly changing as new trademarks are registered and others are removed.
WHO CAN DO TRADEMARK REGISTRATION–
Anyone can apply to register a trademark. However, the trademark must be used or intended to be used in commerce, and it must be distinctive for the goods or services for which it is used or intended to be used. In addition, the trademark cannot be similar or identical to an existing registered trademark or one that is pending registration. It is advisable to seek the assistance of a trademark lawyer to ensure that the trademark meets all the requirements for registration and to ensure that the registration process goes smoothly.
FINAL WORD ON TRADEMARK –
Trademarks are registered and protected by the government through the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM). In India, a trademark is a recognizable sign, design, logo, or expression which identifies products and services of a particular source from those of others. Once registered, a trademark can be renewed in every 10 years. Infringement of a registered trademark can result in legal action being taken against the infringing party.