Trademark registration in India is ‘first to file’ basis. A trademark usually takes time to get registered even in the cases where trademark is not being opposed by a third party. Trademark applications are managed by the Office of the Controller General of Patents, Trade Marks, Industrial Designs and Geographical Indications. Branches for these offices are available in Mumbai, Kolkata, Ahmedabad, Delhi and Chennai. The application must be filled in accordance to territorial jurisdiction. The Trademark Registration in India assures the identification of service or product and its source, guarantees its quality & helps in advertisement of service or product.
The following documents are required for filing a Trade Mark Application in India:
- Copy of Trademark or logo
- Applicant details
- Goods or services to register
- Date of first use of the trademark in India, if used by you prior to applying.
- Power of attorney to be signed by the applicant to authorize trademark agent.
Trademark Registration Procedure
The Trademark Registration Procedure involves following steps for Trademark registration in India:-
- Selection of trademark agent: The place of business must be in India to file trademark application through an agent or attorney. The agent or attorney usually responsible for searching, preparing, filing and prosecution of the trademark.
- Eligibility and availability of the trademark: The trademark agent starts the registration process by determining whether the trademark is eligible for registration and conducting a clearance search to check whether there is a similar mark in the office of the controller general.
- Submission of the application form and filing:The trademark agent has authorization via power of attorney from the right holder that he can complete and file the application form. The application form will require details such as name of the proprietor, address of the proprietor, a description of the goods and services associated with the mark and a copy of the mark.
- Review by the Department:The trademark office reviews & verify the application and then allots the application a number.
- Preliminary approval and publication:The trademark association determines if the application is barred from registration either on absolute or relative grounds for refusal as prescribed in the Trade Marks Act, 1999.
- Issue of examination report: After the above determination, trademark association issue an examination report within a period of one month.
- Show cause hearing or rejection of the application: On the basis of examination report the trademark registrar determines whether the application must be accepted, rejected or put up for ‘show cause’. During a ‘show cause hearing’ an application might be rejected, accepted or accepted with certain limitations (subject to the facts). In the case of application rejection, the applicant can appeal the matter at the Intellectual Property Appellate.
- Registration:the trademark authority will register the trademark & will provide the registration certificate, if the same is not opposed by a third party Within the term of three months publication in the Trademarks Journal.