Updated on July 08, 2024 08:09:09 AM
A Trademark represents an individual's brand identity. It enhances the brand's reputation and visibility in the marketplace. It can be a symbol, pattern, word, phrase, number, or colour.
Trademark registration is a process that provides legal security to the intellectual property of the applicant. This process may take time from 6 months to 24 months to register a Trademark. However, before applying for a Trademark, applicants should do an extensive TM search (TM search report) that helps save time & money.
TM Search Report is a process of conducting a thorough search that determines the availability of a particular Trademark. Individuals who invest their time and money in that Trademark should conduct the TM search report through which they make less chance of rejection.
Individuals who want to register their Trademark must conduct a TM Search Report. Following are some reasons why conducting a TM search report is important:
Consult with "Litem Legalis" a team of professionals who'll assist you to conduct the best TM search report that can save your time and money.
Here are some tips for conducting a successful TM search Report:
The process of registering a Trademark involves several stages for the applicant. Before they start these various stages, they have to focus on a few things, such as:
There are different stages, in the process of TM Registration process which are given below:-
It is the initial stage of TM registration, where the applicant has to fill out an application after selecting and choosing the correct Trademark and its classes. This will take 24hrs, and just after this stage, the applicant can start using the ™ symbol in front of their Trademark. This symbol mentions that the mark is in the process of registration.
After filling out the application, it goes for examination or review by the Registrar of Trademark, which inspects the Trademark’s uniqueness. This process takes around 2 months
If the Trademark is accepted by the Registry, the application will be advertised in the Trademark journal. If after advertising no one has any issues or objections then that mark is fully registered.
If anyone has some issue regarding the Trademark’s similarities and other things, that can cause confusion in the consumer’s mind so they can raise objections. Where the registry will send the notice for the reply.
The applicant has to send a reply to the Registry, on behalf of their mark uniqueness. If the reply is accepted then it will go for the advertisement otherwise it will be marked for “Show Cause hearing”.
If any applicant has to make some changes to their Trademark so they can make amendments at this stage.
In a “Show Cause Hearing”, the applicant has to provide proof that ensures their Trademark uniqueness. Once the application is accepted here, then it will be advertised in the Trademark journal else the application will be rejected. This stage comes approx. after one and a half years of filling out the application.
When the application has been selected by the registry, they will advertise the Trademark in Journal. In this, anyone can oppose the application within four months if they have any issue with the Trademark that is advertised.
In case anyone opposes the Trademark so, the TM Registry will mark the application as opposed and the applicant has to make necessary counter statements, Affidavits and evidence to defend the opposition.
At this stage, the applicant has to gather all supported evidence that can prove their side and clear that their mark is different from the opposition’s Trademark. The evidence should be submitted within 2 months from the filling of the counter statement.
In this stage, both parties (The applicant and the opposition) get the opportunity to present their counter-statements. If they get an acceptable answer, the Trademark is fully registered.
It is the last stage of the registration process where the applicant gets the registration certification for their Trademark. From this stage, they can start using the circled R symbol in front of their logo or mark. This symbol represents a registered brand.
In India, if any individual wants to register their Trademark they have to pay 4500/- only for online registration and 5000/- for offline registration. It is the basic government fee, there are different charges for different stages or processes. If any applicant wants to apply their Trademark in more than one class their fee will be increased according to their number of classes.
The complete online and offline fees structure of TM Registration is given below as per its steps or process:
| Steps | Online Government fees | Offline Government fees |
|---|---|---|
| TM Amendment fees | ₹900/- | ₹1,000/- |
| Trademark Renewal fees | ₹9,000/- | ₹10,000/- |
| Trademark Restoration fees | ₹9,000/- | ₹10,000/- |
| TM Belated Renewal fees | ₹9,000/- | ₹10,000/- |
| Trademark Restoration fees | ₹9,000 +3,000/- | ₹10,000 + 3,000/- |
| TM Rectification fees | ₹9,000/- | ₹10,000/- |
| Trademark Opposition process fees | ₹2,700/- | ₹3,000/- |
| Hearing fees of TM registration | Nil | Nil |
The total Registration fees of Trademark registration will include govt fees as well as professional fees. With the assistance of experts, registration can be simple. "Litem Legalis" will be the best platform for anyone who wants a hassle-free registration process.
All the required document is given below for TM Registration for individuals:
Note - Proof of Use - Submit supporting documents (such as Domain bill, Invoice containing Mark, images of the product with Mark, etc) with the New and Old dates, which can work as a proof of use of the Mark by the applicant or its predecessors from the date of use mentioned in the application.
During TM Registration, the applicant should be aware of some points that can help to get chances to be registered. There are some common points that should remember, such as:
Trademark registration is an essential part of any business. Any individual who wishes to expand their business in the coming years may submit an application for Trademark registration. It is beneficial to develop a distinctive identity or brand name.
A Trademark is important for several reasons, such as:
“Litem Legalis” is a team of professionals with many years of experience in Trademark registration. we would be delighted to help you and support the growth of your company in subsequent decades. There are numerous factors that make Litem Legalis the best platform, including
Trademark registration is an essential part of our business because it allows the owner lots of legal assurances that can help expand their business in the future. However, this process has multiple stages and steps where you must be extremely sure of certain kinds of things, particularly before selecting a Trademark and the classes for the Trademark.
