Trademark Registration for Individuals








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Trademark Registration for Individuals


Updated on December 19, 2023 07:17:48 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.


What is the TM Search Report?



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.

Importance of conducting a TM search report

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:

  • It helps to make aware of the availability of Trademarks.
  • Decrease the rejection’s chances.
  • Saves time
  • Reduces legal cost

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.

Tips for conducting a successful TM Search Report

Here are some tips for conducting a successful TM search Report:

  • Get help from professionals, who provide legal assistance to the applicant of whether the Trademark is available or not.
  • Being very clear about your Trademark.
  • Select Trademark classes wisely.
  • Trademarks should be clear and easy to pronounce.
  • Don’t use the confusing logo, it will increase the chances of rejection.
  • Search for Similar Trademarks that may cause confusion in consumers’ minds and avoid using that mark.
  • If you want to use any mark that has the chance to be similar, use Prefix and Suffix which help to make Trademark unique.

How to File TM Application for an Individua



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:

  • Firstly, the applicant should choose a unique Trademark, that is to distinguish that mark from others.
  • They should be very clear regarding their mark and its classes, according to their product or service. Their chances of rejection or objection may increase if they choose the wrong classes.
  • Then, they should apply for Trademark registration.

Different stages of TM registration



There are different stages, in the process of TM Registration process which are given below:-

1st Stage: Filling the TM Application

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.

2nd Stag e: Examination of TM Application

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.

3rd Stage: Reply to Examination Report

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.

4th Stage: Show Cause Hearing

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.

5th Stage: Advertise in Journal

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.

6th Stage: Opposition process

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.

7th Stage: Evidence

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.

8th Stage: Hearing

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.

9th Stage: Registration Certificate

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.

TM Registration Fee Structure for Individuals



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.

Required Documents for TM Registration for Individuals



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.

Points to Remember During Trademark Registration



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:

  1. Conduct TM search, which assists the availability of Trademark.
  2. Don’t select the similar Trademark that exists.
  3. Choose appropriate classes.
  4. Renew the Trademark timely.
  5. Using a Trademark, that is generic or descriptive.
  6. Provide complete and appropriate information.
  7. Take legal advice from a qualified and experienced TM attorney.

Importance of Trademark Registration



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:

  1. It protects your brand from other brands that survive in the same category.
  2. Registered Trademark provides exclusive rights to the brand.
  3. It also assists your brand with legal protection, where only the owner has all the rights to use it.
  4. It also provides global protection to the company’s work or brand name.
  5. It creates a Brand reputation that helps to stand out in the marketplace.
  6. Everyone wants to expand their business, and a registered Trademark increases the chances of business expansion.
  7. If an individual or company owns any Trademark, it has less chance of use by any other individual or brand, which means it helps to prevent rebranding.

Why Litem Legalis?



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

  1. An experienced advocate’s team will assist
  2. We have years of experience in Trademark registration.
  3. You'll receive excellent service and be treated with kindness.
  4. assisting you in creating a hassle-free registration process.

Conclusion



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.

Frequently Asked Questions



 Can an individual register a Trademark?

 Which documents are required for the TM Registration?

 What are the fees for TM Registration?

 Who can apply for TM registration in India?