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Trade Marks are essential property of a business, known by its name. If someone uses the name of a business and sells counterfeit products compromising the promised quality, it may be a gain for the unknown, but a huge loss for the one whose business name is being fouled. To restrain such kind of misuse and retain the exclusivity of a business, it is always better to go for Trade Mark registration. This will help get injunction orders to stop the counterfeit sale of anything under the name of such business. It also brings the right to seek damages caused to the business due to such activity. 

What is trade mark registration?

The registration of trade marks can be understood as the process which gives exclusive rights to a business owner to use and exploit a certain name/mark/symbol etc. which identifies their business. A registered Trade Mark helps identify a particular business brand as against other goods or services, providing an exclusivity and goodwill. The owner of a registered Trade Mark can stop others from misusing their brand value and goodwill, and also seek compensation for the losses incurred. A registered trade mark is always at a better pedestal than a passing off or a several decades old brand. There are several organisations and attorneys offering Trade Mark Services, wherein you do not need to know how to register trade mark. These experts help you with the procedural formalities and you only need to sit back while your business builds its brand value and goodwill. 

Steps on How to register Trade Mark in India

• Before choosing a brand name or identity for your business, always check for whether an already registered trade mark is available with the same name. This practice can help avoid any future troubles. You can visit the IP India website for existing trade marks.

• For E-Filing of Trade Marks, visit the IP India website here. 

• You need to have a digital signature of class III or II from any of the Indian Certifying Authorities and install the same on your computer.

• Proceed with e-signing as per the manual available on IP India website. 

• Thereafter, click on the “Proceed for Registration” button. Select the type of applicant (Proprietor/Agent/Attorney), add name and search for the same. Go for “Add new” option and enter the details under the category, which includes name, address and other details about the business entity. 

• This will lead to generation of a Code. Copy the same and paste in the space against “Enter Code” and proceed. 

• Here, you will need to connect the digital signature. 

• Next, Create a user ID and password and add contact details to proceed with registration.

• Here, you will be redirected to the Login page. Enter the user ID and password that you created in the previous step. 

• This will take you to the dashboard after successful login. Here, you will see the option for “New Form Filing” in the left bar. Click on the same and you will see a drop down menu. Select the form name and then the type of applicant, select the option of “Trade Marks Application”, select the class of Trade Mark to be applied based on whichever class the said business/service fits in. 

• After submission, you will be redirected to a page continuing “Trade Mark Applicant Details”. Click on edit and add the missing details and then click on update.

• Add other details like category of mark, language, its translation, etc., describe the goods or services offered through the said business. 

• Click on “Save and Resume” to proceed with attachment of documents. The documents here may be uploaded as per the requirements, which may include the PAN Card, Aadhar Card, brand name or logo, etc. 

• Preview the information and go for digital signature. Select to Sign and proceed with signed data.

• Go back to the left bar and click on “Payment” button to proceed with making payment of fees. The trade mark registration fee may vary based on the type of business entity, and will reflect on the screen.

• Read and Agree to the terms and conditions mentioned, select the mode of payment. After successful payment, a challan will be generated which may be saved for future reference. 

Based on further events, the completion of registration of Trade Marks may take 6 months, to a few years in case any Trade Mark objections are received. 

How much does trademark registration cost?

The fee for Trade Mark registration varies based on the business entity, whether it is an individual running the same, or it is a large scale company. When the applicant is an Individual / Startup/Small Enterprise, online application costs Rs 4500, while a physical application may cost Rs 5000. In all other cases, e-filing costs Rs 9000, and a physical copy will be for Rs 10,000.

Written by: Advocate Kalpana Sanap