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 –
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.
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:
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.
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!