For any business, it is of utmost importance to safeguard their Brand Name and Logo of their Products/ Service including that of company. Many persons think that Trademark Registration is only available to companies and normal persons who are running their Proprietorship or Partnership Firms can not register their Trademarks. You will be happy to know that every businessman no matter they belong to big companies or even smaller businessmen belonging to SMEs category can secure their Intellectual Property (IP) by filing a Trademark Application through TM-A (erstwhile TM-1).
It takes a tremendous deal of hard work and process to build a brand. It\'s far crucial to make sure which you have one-of-a-kind ownership to use the brand, slogan, form and packaging of goods, sound, smell, coloration combinations or something else that gives your emblem a wonderful identification. You\'ll be able to start the use of a “TM” as quickly as the trademark application is made. However, TM registration procedure takes up to 1-2 years of time.To understand this better, do read the article till the end and you will get to know many facets of the Trademark Registration Procedure in India. Below infographic will better interpret for you in easy steps:
Selecting the Correct Trademark ClassesTo file a Trademark Application, it is important to identify the Trademark Classes applicable to you. Basis of the Product and Services, there are a total of 45 Classes under which you can register your brand name/ logo. Once can also file a Trademark Application in more than one Class.Basic Procedure of Trademark FilingThe process starts by doing a Trademark Search Report. What it means for you is that you have to make use of the Government Website https://ipindiaservices.gov.in/tmrpublicsearch/frmmain.aspx as given below where you need to check whether the name you are looking for is available for you or already taken by others.Once this is done, you are required to talk to a Professional Firm like Compliance Calendar LLP who can guide you in Trademark Application Process including the Review of the Trademark Search Report.
Trademark Application FeesA Trademark Application can be filed in the Individual Capacity by paying Govt Fees 4500/- and same fees is applicable if you are an MSME holding Udyam Registration Certificate or Startup India Recognition Certificate. In all other cases, the Govt fees is 9,000/-Trademark Accepted & AdvertisedAfter due diligence by the Trade Mark Registry, if they find out that the Wordmark/Device Mark (Logo) filed by the Applicant deserves the Registration and Protection under the IP Act, they accept the application of Trademark. After this, the same goes for the Journal and get Advertised. After 120 Days of Journal, the Department issues the Trademark Registration Certificate.Trademark Objection ReplyAt many occasions, it has been observed that even though our Trademark Application deserves the registration but the Government sends the Examination Report under Section 9 or/and 11 and in that case, we have to file Reply to the Examination Report within 30 days. It is recommended to consult a professional who can help you waive the objections raised by the Trade Mark Registry.If you have any questions on Trademark Application Process or have already filed the Application but received objection, you may connect with us at info@ccoffice.in or 9988424211 and we at Compliance Calendar LLP take care of your IP Protection.


