Know Your Trademark Application Status Online in India

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Know Your Trademark Application Status Online in India

Planning on adopting a unique brand name or trademark for your business and looking for ways to protect it from being stolen away by our competitors? The legal and the most secure way to go about this is through trademark registration of your brand name and/or logo. Once you apply for registering your trademark and secure a trademark grant by the appropriate authority, your unique brand name or trademark cannot be copied by anyone else for marketing and branding their products and services, and if they did, you reserve the rights to take legal action against them.

There are many questions that might pop up in your mind regarding trademark application
such as –

How do you apply for trademark?
Who can apply for trademark?
Can you apply for trademark online?
How to check trademark application status?

Let’s address these questions and more.

Why should you consider trademark registration in India?

The Trademark Act, 1999 and Trademark Rules, 2017 provides the basis and statutory provisions for trademark application in India. It has to be applied through the appropriate authority i.e., the Trademark Registry of India

An application for trademark registration is done to protect the intellectual property or IP in your business like a logo, mark, or unique brand name that you use for marketing the products/ services offered by you or your company/organisation/firm.

For instance, you run a boutique business where you sell ladies’ wear under the brand name “Neelakanth Drapes & Wears” is unique. Therefore, when a customer sees your brand name and logo clipped on a Saree or a Salwar Kameez, they will immediately associate it with you and your boutique.

If you think you have a brand name, logo, design, mark that is unique and possess the potential to be stolen or copied by your competitors, then, without any second thoughts, you should get the trademark registered in India. Any disputes post registration of the trademark, can then be taken up legally.

Who can apply for a trademark?

Anyone can apply for the registration of Trademark application.
It can be filed by any business entity or person who claims to be the owner of the said business. The trademark may refer to a brand name, logo, or mark. It may also be used to cover the services provided by you or your business. In such a case, it will be called a service mark. Both Indian nationals and foreigners can apply for trademarks in India. Indian residents who are a Limited or Private Limited Company, Partnership Firm, Sole Proprietor, Individual, Joint Individuals or Companies, Trust, or other legal entities can apply for a trademark in India. If a foreign national wants to apply for trademark registration in India, he/she/they may do so via a Trademark Agent or Attorney. If they do not have a principal place of business in India, the address of the Attorney or Agent is taken to decide which jurisdiction they will fall under.

How do you apply for a trademark online?

To apply for a trademark online, one has to have all the relevant documents ready before going forward with the trademark application. You can always consult a trademark registration Agent or Attorney and gather information beforehand.

Here are the following steps one has to follow in order to make a trademark application online.

Step 1: Discussing the Brand Name/ Trademark with your Trademark Agent/Attorney

Once you have made up your mind to have your unique brand name or trademark registered in India, the preliminary step is to discuss the same with your Trademark Agent or Attorney who will guide you through the process of trademark registration. You will have to explain the goods and/or services offered by you under your brand name/trademark for your Agent’s/Attorney’s understanding.

Step 2: Classification of Goods and/or Services

After you have explained to the Agent/Attorney the kind of goods/services offered by you under your trademark, he/she will classify the goods or services in the classes provided by the NICE classification. For example, if you are selling clothes under your trademark, then it will fall under a particular class 25 which deals with clothing items.

Step 3: Trademark Search

Once the classes of goods/and or services are decided, the Agent/Attorney will conduct a preliminary Trademark Public Search to ascertain whether any identical or similar trademark selling similar or dissimilar goods/services exists under those decided classes. If it does exist, then your Agent/Attorney will ask you to make changes in your trademark to avoid any further hassle in the registration process. It is also advised that before advertising and marketing the mark, you should always conduct a trademark search because if the same mark is already registered by a third party, then you won’t be allowed to use it or register it. In such a situation, all the time and money invested in advertising and marketing the mark (which is not allowed), would go in vain. Hence, the right advice at the right time is very critical.

Step 4: Preparing the application

Once it is clear that the trademark is unique and distinctive in nature, the Agent/Attorney will start preparing the trademark application. For the purposes of trademark application, the
following information shall be required:

Trademark/ Logo
Name and Address of the Trademark Owner
Trademark Class/Classes
Evidence and Date of Use (if the Trademark has been in use before application)
Description of Goods/Services

Step 5: Submission of the application

The completed trademark application with the required signatures is then filed before the Trademark Registry under the appropriate jurisdiction in a prescribed manner along with the requisite registration fee. The Application can be made online through the IPIndia website: https://ipindia.gov.in/ . Once the Application is filed, the Trade Mark Registry will provide an Application Number, which can be used to check the status of the trademark application.

How to conduct a trademark application search?

It is really important to conduct a trademark application search. This saves you from spending money and resources on a mark or a logo that may already exist in the trademark portal. It also gives you the opportunity to change or modify the mark before launching it and saves you a whole lot of trouble associated with rebranding if the proposed mark is not available. This is the easy way to do it:

Step 1:- Visit the Government trademark search Portal at the IPI India Online Website

Step 2:- Step 2: Enter the trademark class and the words you want to search. Also, try words similar to the words in your mark. Don’t forget to do the Phonetic Search.

Step 3:- Carefully go through the results to ensure your trademark is applicable.

How to know your trademark application status?

The trademark application, once submitted, has to undergo thorough examination by the Trademark Registry and then be approved. This might take a while and it is wise to keep on checking the website for updates. Checking the trademark application status update is pretty straightforward. Here is how you can do it.
1. Access the IP India Website at http://IP India Online Website and go to Trademark Status IP India Trademark Status
2. Put in the trademark application number associated with your trademark
3. View the trademark application information to know your status.

Advantages of a trademark application with IPExcel

The trademark application process can be long drawn and may take up a lot of your time and attention. From application, uploading, tracking, and checking status, there are a lot of difficulties associated with it if you want to do it by yourself. It is best if you take help from an experienced Trademark and Patent Registration Company like IPExcel where the Lawyers understand the points of contention that could be raised by the Trademark Office and as a result capable of making a strategy to overcome the same.

As one of the most trusted names among the patent registration firms in Bangalore, India, we have served over 500+ clients nationwide and across five countries. With global patent expertise in seven jurisdictions, IPExcel can offer you the solution you want. Our services are appreciated by customers that also include Fortune 500 companies. If you want to have your trademark application handled by experts, contact us today!