Trademark Registration

Registration of a trademark is not mandatory; but it is advisable to file for registration of a trademark, in order to obtain statutory rights over the trademark. A registered trademark proprietor has advantage and option to initiate infringement actions by filing a suit for infringement in India. The Trade Marks Act includes registration of trademarks/service marks, domain names and filing of multi-class applications, addition of the term of the trademark registration by filing renewal application, recognition of various trademarks such as collective marks, well-known trademarks, etc., and protection from infringing activities such as trademark infringement, passing off of trademarks in the form of penalties & damages.

Who can file a trademark?

Any entity including an artificial legal person or an individual who claims himself/ herself to be proprietor of the mark can file the trademark application for their respective goods and services. Even, the foreign proprietors or applicants can apply for the trademark in India. In order to file an application in India in the name of a foreign entity who does not have a principal place of business in India, an application can be filed by any legal representative or any other representative. In such a case, the jurisdiction of a trademark application is automatically selected from the address of the agent.

Documents required to file a trademark application

To register a trademark the following documents should be sent to our office address Mumbai or Delhi:
Duly Filled Application Form TM-A
An Image of the logo, if applicable
Proof of prior use, if applicable
Identity proof of the trademark Applicant e.g., Aadhar card, driving license, passport, ration card or voter id
Address proof of the Applicant e.g., Aadhar Card, Company Incorporation Certificate etc.
Incorporation certificate, if company or LLP
Power of Attorney (on Rs. 100 stamp paper) to be attached with the application, duly executed by the Applicant, in favour of the agent or trademark attorney.

Registration Term:-

Once a trademark gets registered, protection is granted for 10 years from the date of registration, which can be renewed for more 10 years, indefinitely. Renewal application has to be filed six months prior to the expiry of the renewal date along with the TM-R form.

Trademark Filing Procedure:

The whole process of Trademark Registration is so lengthy; so it usually takes around 6 -18 months to obtain registration in straight forward case, if there would be no objection or opposition arise or filed.