What is the Procedure for Trademark Registration under the Trademark Act?

A trademark is a unique sign, logo, word, symbol, or combination thereof used to identify goods or services of a particular business. Registering a trademark under the Trademark Act, 1999, provides the proprietor with exclusive rights and legal protection against unauthorized use. In India, the registration of trademarks is governed by this act and administered by the Controller General of Patents, Designs and Trade Marks.

This blog will walk you through the step-by-step procedure for trademark registration under the Trademark Act, 1999.

Understanding Trademark and Its Importance

Before diving into the registration process, it is essential to understand the significance of a trademark. A registered trademark:

  • Protects your brand from imitation

  • Builds brand identity and customer trust

  • Grants legal protection and ownership rights

  • Allows the owner to take legal action against infringement

Trademarks can be registered for various categories such as logos, names, symbols, taglines, sound marks, and even colours associated with a business.

Trademark Search

The first step in the trademark registration process is conducting a trademark search on the official website of the Intellectual Property India (https://ipindia.gov.in). This search helps to:

  • Check whether a similar or identical trademark already exists

  • Avoid conflicts and objections

  • Save time and legal hassle

If your proposed trademark is already in use or is similar to an existing one, it may be rejected or face opposition during the registration process.

3. Filing of Trademark Application

Once you have ensured that your desired trademark is unique, the next step is to file the Form TM-A, either online or at the Trademark Registry Office. This application must include:

  • Applicant’s name and address

  • Trademark to be registered

  • Goods/services for which the trademark is used (as per NICE classification)

  • Date of first use (if already in use)

  • Power of Attorney (if filed through an agent)

The filing can be done in the name of an individual, company, LLP, or partnership firm.

4. Allotment of Application Number

After successful submission of the application, an application number is generated, which can be used to track the status of the application. Once allotted, the applicant can start using the ™ symbol alongside the trademark.

5. Examination of Trademark Application

The trademark office examines the application for any discrepancies, uniqueness, and compliance with the Trademark Act. The examination may result in:

  • Acceptance: If the examiner finds the application acceptable, it proceeds for publication.

  • Objection: If there is an objection (under Section 9 or 11), an examination report is issued.

In case of objection, the applicant must respond within one month with proper justification. If the response is accepted, the trademark proceeds to publication. If not, a hearing may be scheduled.

6. Publication in Trademark Journal

If the application clears the examination stage, it is published in the Trademark Journal for public scrutiny. The purpose is to allow the public to oppose the registration within four months from the date of publication. Possible outcomes include:

  • No opposition: The trademark proceeds to registration.

  • Opposition filed: The matter goes into a legal dispute, requiring both parties to present evidence and attend hearings. The registrar will then decide whether to register the trademark or reject the application.

You Can read out blog of How much does it cost to register a trademark?

7. Trademark Registration Certificate

If no opposition is filed or the opposition is decided in favor of the applicant, the trademark is registered and a registration certificate is issued under the seal of the Trademark Registry. At this stage, the applicant can start using the ® symbol, indicating that the trademark is now legally registered and protected.

8. Validity and Renewal of Trademark

A registered trademark in India is valid for 10 years from the date of application. However, it can be renewed indefinitely for further periods of 10 years by filing a renewal application (Form TM-R) and paying the prescribed fee.

Renewal should be done before the expiration of the trademark to avoid removal from the register.

9. Benefits of Trademark Registration

Registering trademark offers the following advantages:

  • Legal Protection: Provides exclusive rights to the owner

  • Deterrent to Copycats: Prevents others from using similar marks

  • Asset Creation: A registered trademark is an intangible asset and can be sold, franchised, or licensed

  • Brand Recognition: Boosts brand visibility and trust among consumers

  • Right to Sue: Enables the owner to initiate legal action for infringement

Conclusion

Trademark registration under the Trademark Act, 1999 is a structured process that provides your brand with legal recognition and protection. From conducting a preliminary search to securing a registration certificate, each step must be handled with due diligence. A registered trademark not only safeguards your brand identity but also adds long-term value to your business.

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