Trademark Registration in India

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Trademark registration process in India is a legal procedure through which an
individual/business can secure exclusive rights to use a particular mark related to their goods
or services.It is an important step that helps in establishing and protecting brand identity by
offering a legal protection against any infringement or unauthorized use by any other
person/party in the market. While common law rights exist for unregistered marks, the
registration process of trademark provides a higher grade of protection and legal foundation
for building your brand identity.
Undergoing a legitimate procedure for Trademark Registration in India is necessary to build a
unique brand identity and protect intellectual property rights. It can turn out to be a great
move for the businesses that are looking forward to protecting and maintaining their
exclusivity in the market.
Right from the searching for a unique mark to the final issuance of the trademark registration
certificate, each step of trademark registration is important for securing exclusive rights and
fortifying the brand’s legal standing.
Here’s a detailed explanation of the step by step process for Trademark Registration
Step 1: Trademark Classification
In the first step of the process of trademark registration, businesses need to classify their
Trademark into established categories predefined under the NICE Classification System. The
Nice Classification System comprises 45 classes of goods and services, where classes 1 to 34
represent goods and while the remaining ones represent services.
Trademarks are classified and registered into those classes for which they are intended to be
used. In other words, classification of a trademark determines the scope of protection and use
of a Trademark, thus laying a precise foundation for the registration process of trademark.
Step 2: Trademark Search
Another important step before getting into the process for trademark registration is to search
for the trademark comprehensively. This step involves searching local and international
databases to check if there are any similar or identical marks that could create a challenge
while registering your desired mark. A deep trademark search not only helps minimize the
risk of objections during the examination/review process but also helps businesses in making
informed decisions about the uniqueness and viability of their chosen mark.
Step 3: Trademark Application Filing
Once all the prerequisites have been fulfilled, the next step of the trademark registration
process is to file a trademark application. The application is submitted online to the relevant
intellectual property office, requesting an examination as well as approval of the mark. It
includes necessary details such as the applicant’s information, a representation of the mark,
and the specified class of products/services for which it is intended to be used.
Accuracy and completeness are above all at this crucial stage to enable a hassle-free
progression through the trade mark registration process step by step.

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Step 4: Trademark Fees Payment
Once the application is filed, the applicant needs to file the payment of requisite fees. These
fees cover the costs associated with processing the application, conducting examinations, and
other administrative functions. Applicants also need to be familiar with the fee structure
applicable to them as per the type of their business and number of classes their trademark is
to be registered.
Step 5: Trademark Examination
In this stage, a keep review/examination of the proposed trademark by the concerned
department takes place. The main reason behind this review is to assess the uniqueness as
well as availability of the proposed trademark.
Additionally this step helps to confirm whether the mark meets the criteria for distinctiveness,
non-descriptiveness, and adherence to other legal formalities or not. An examination report is
prepared by the Examiner, highlighting any objections that may cause hindrance or delay in
the trade mark registration process.
Step 6: Replying to Objections
Addressing objections raised during the examination stage is extremely crucial to take the
trade mark registration process further. The applicant must respond to the objections within
30 days from the date on which they were raised.
If the examiner is satisfied, they will proceed to the next stage. However, if unsatisfied, the
examiner may
summon a show cause hearing to resolve the issue.
Step 7: Trademark Publication
Upon settlement of the objections, the approved trademark application moves to the
publication stage. The mark is published in the trademark journal, a publicly accessible
document inviting potential third-party oppositions. Third-party oppositions may arrive on
grounds like the similarity of the mark with other marks. These need to be settled before the
application is finally processed for Trademark Registration.
Step 8: Settlement of Third-Party Opposition
In instances where third parties raise objections or oppositions during the specified period,
resolution becomes a critical aspect of the trademark registration process. This step involves
negotiation, settlement, or legal proceedings to address the concerns raised by opposing
parties. Only after a successful resolution of all public oppositions, the department will
consider proceeding with the application.
Step 9: Trademark Certification Granted
The last milestone of the trade mark registration process step by step is achieved when the
applicant is granted a Trademark Certificate. This official document serves as tangible proof
of the exclusive rights conferred to him. Once issued, it remains valid for 10 years from the
date of application.

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Throughout this period, the Trademark remains protected against unauthorised use and
plagiarism.
Step 10: Trademark Renewal
Trademark protection is not everlasting, and in the final step of the trademark registration
process, trademark owners must renew their trademarks to maintain their rights. Failing to the
trademark renewal before the deadline, may result in the loss of protection. The renewal
process is almost similar to the original registration process. There is no predefined limit on
how many times a trademark can be renewed.
Trademark registration process is a useful tool for the businesses that is beneficial in
protecting their brand identity. From selecting classifications to handling objections and
continuous renewals, each step adds a distinct layer of legal protection. The process can’t be
taken as a compliance only but it’s also a strategic investment beneficial in securing a brand’s
credibility and ownership in the competitive landscape.

Validity of a Trademark
The trademark is registered for ten years by the Registrar. Hence, following the date of
registration indicated in the registration certificate, a trademark registration will be valid for
ten years. The trademark registration must be entered into the Register of Trademarks by the
Registrar when it is issued. By submitting trademark renewal application to the Registrar
prior to the initial registration expiry, the trademark owner can extend the trademark
registration for an additional 10 years.
Removal of an Inactive Registered Trademark
According to Section 47 of the Trademarks Act of 1999, the Registrar may remove
trademarks from the Register for the following reasons:
No valid (bona fide) intention to use the trademark
A third party can file an application with the Registrar to remove a trademark from the
Registry on the ground that the holder obtained the registration without intending to use it.
However, the third party must ensure the trademark proprietor has not used the trademark for
three months before filing an application to remove it from the Register.
No usage of the trademark for five years following registration
The Registrar may remove a trademark from the Registry if the owner hasn't used it to
identify the products or services for a continuous period of five years or more. Five years will
be deducted by the Registrar from the date the trademark was first entered into the Register.
As a result, after five years from the date of registration, a person or company loses
ownership of a registered trademark if they do not use the mark.
Well known Trademarks
Well-known trademarks have achieved high recognition and are referred to as "super brands"
due to the number of people who recognize them and associate them with a product or
service. Superbrands are provided protection under the law, known as "forever validity",
meaning they do not expire or diminish over time.

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The validity of these marks is based on the idea that they are so famous and recognizable that
they would be difficult to use and would cause confusion and deception. The registered
owner has invested a lot in the mark, making it unfair to allow someone else to benefit from
their hard work. People rely on its recognition when making purchasing decisions, and if a
company attempts to use a well-known mark, it could mislead consumers and cause
confusion.

Types of Trademark Registration in India

 Product Mark
Product mark is a mark that is used on a good or on a product rather than on a service. This
this type of trademark is used to recognize the origin of the product and helps in maintaining
the reputation of a business. Trademark applications filed under trademark class 1-34 could
be termed as a product mark, as they represent goods.
 Service Mark
Service mark is similar to the product mark but a service mark is used to represent a service
rather than a product. The main purpose of the service mark is that it distinguishes its
proprietors from the owners of other services. Trademark applications filed under trademark
class 35-45 could be termed as a service mark, as they represent services.
 Collective Mark
Collective mark is used to inform the public about certain distinguished features of a product
or service used to represent a collective. A group of individuals can use this mark so that they
are collectively protecting a goods or service. The mark holder can be an association or can
be a public institution or can also be a Section8 Company.
In a collective mark, normally the standards of the products are fixed by the regulator owing
the mark. Others associated with the collective are held responsible to adhere to certain
standards while using the mark in the course of business. A commonly known collective mark
in India is the Charted Accountant designation.
 Certification Mark
Certification mark is a sign that denotes a products origin, material, quality or other specific
details which are issued by the proprietor. The main purpose of certification mark is to bring
out the standard of the product and guarantee the product to the customers. A certification
mark can also be used to uplift the product’s standard amongst the customers by showing that
the product had undergone standard tests to ensure quality. Certification marks are usually
seen on packed foods, toys and electronics.
 Shape Mark
Shape Mark is exclusively used to protect the shape of the product so that the customers find
it relatable to a certain manufacturer and prefer to buy the product. The shape of a particular
product can be registered once it is recognized to have a noteworthy shape. An example of a
shape is the Coca-Cola bottle or Fanta bottle, which have a distinctive shape identifiable with
the brand.

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  Pattern Mark
Pattern marks are those products that have specific designed patterns that come out as the
distinguishing factor of the product. Patterns which fail to stand out as a remarkable mark is
generally rejected since it does not serve any purpose. For a pattern to be registered, it has to
show evidence of its uniqueness.
 Sound Mark
Sound mark is a sound that can be associated with a product or service originating from a
certain supplier. To be able to register a sound mark, when people hear the sound, they easily
identify that service or product or a shows that the sound represents. Sound logos are called
as audio mnemonic and is most likely to appear at the beginning or end of a commercial. The
most popular sound mark in India is the tune for IPL.

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