Trademark Registration in India Online

Intellectual property rights are the protections granted to creators of an intellectual property. Intellectual property rights can be granted on plethora of works but mainly they can be classified into trademarks, patents, copyrights, industrial designs, geographical indicators etc. each having its own unique significance and value. Trademark is a type of intellectual property that helps the consumers in identifying the origin, source and quality of distinct goods or services from each other. In other words, a Trademark is a device, logo, or word or a combination of any of them, that requires Trademark Registration in India Online as an intellectual property to secure a brand name of an individual proprietor, business or organization to maintain and protect their goodwill and reputation in the market. Therefore, Trademark Registration in India Online becomes a necessary prerequisite for obtaining online Trademark Registration in India.

 

The statutory law governing Trademark Registration in India Online is the Trade Marks Act of 1999. A trademark is defined under the Act, 1999 under section 2 (zb) as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. It also includes a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate to a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark. Trademark Registration in India Online is a leading web portal that can assist you in getting your online Trademark Registration in India through its online services and valuable inputs suggested by its panel of Expert Trademark Attorneys. You can avail Trademark Registration in India Online for both product marks and service marks in India.

 

Laws Governing Trademark Registration in India Online

In pursuit of the Online Trademark Registration in India, you may get your Trademark  registered by filing an online application form alongwith the prescribed fee as per the the provisions of the Trade Marks Act, 1999 read with the Trade Mark Rules, 2017. Trademark Registration in India Online is a leading web portal that can assist you in getting your Trademark Registration online India. However, it is important here to note that the Online Trade Mark Registration in India is based on a “first come – first basis”. Hence, it is recommended that you must do TM Registration Online India before or at the time of commencing your business. For this purpose, you may contact Trademark Registration in India Online and our team of expert Trademark Lawyers and Attorneys will guide and help you in filing of the Online Trademark Application India.

 

Trademark Registration in India Online can be done for both Goods and Services in India. India follows the Nice Classification, which is a set of international classification of goods and services pertaining to online Trademark Registration in India. There are in total 45 Classes. Before filing an online trademark application India for Online Brand Protection in India, it is sine qua non for you to determine the specific class under which your good or service would particularly fall, Trademark Registration in India Online has an  Expert Panel of Trademark Attorney in India that would help you finding the right class suitable for your goods/services. Filing application in a wrong class for Online Trademark Application India can cost you, therefore it is advisable to consult a Trademark Lawyer before filing an application for Online Trademark Registration in India.

 

Types of Trademarks under Trademark Registration in India Online

A Trademark is a device, logo, symbol, phrase or word or a combination of any of them, that requires Trademark Registration in India Online as an intellectual property, for online brand protection in India of an individual proprietor, business or organization to maintain and protect their goodwill and reputation in the market. A trademark generally, identifies and distinguishes the source of the goods/services of one party from those of others. Generally, in Trademark Registration in India Online, there are two kinds of trademarks namely, Conventional and Non-conventional trademarks.

Conventional Trademarks are those whose subject-matter contains of words, phrases, symbols and logos or may contain a combination of them.

Non-conventional Trademarks are those marks which contains shapes, smell, tastes, textures, and sounds.  

The Online Brand Name Registration India vis a vis Trademark Registration in India Online is governed by the Trade Marks Act, 1999. The Act, inter alia, covers the protection of both conventional as well as non-conventional trademarks in India. For Online Trademark Filing in India, you may contact Trademark Registration India Online and our team of expert Trademark Lawyers and Attorneys will guide and help you in filing of the Online Trademark Application India.

 

Different Components of Trademark Registration in India Online

Following are the components of Online Trademark Registration in India:

  • Word: A trademark may consist only of a word. For instance, the popular brand names like Adidas, Nike, Nirula’s, Sony, Samsung  etc. are all examples of word marks that are registered as trademarks. Therefore, you may get Online Brand Name Registration India only for words.
  • Logo and symbols: A trademark may consist of a logo of your brand that can do Trademark Registration in India Online. To Register Logo India Online,  a logo may consist of a  print or a painted figure, or a design, or a character but it should not contain any letters,words and numbers. For example, the famous fast food joint McDonalds’ has its initial “m” as a registered trademark logo.   

 Therefore, while you Apply for Trademark Online India, you may also Register Logo India Online through our web portal.

    • Product Mark: Broadly speaking, Online Trademark Registration in India can be done in 45 distinct classes. However, Marks pertaining to your products or goods can be registered only between Classes 1 to 34. A product mark basically helps a prospective consumer in identifying the origin and quality of the goods that you wish to offer for sale and distinguishing your goods from those alternatives available in the market. For instance, all the Apple Inc. products such as an Iphone, Ipad, MacBook have a ‘bitten Apple’ on them as product mark that helps the consumers in identifying the goods’ origin i.e. they are manufactured and being sold by the Apple Inc. company. Trademark Registration India Online can assist you in finding a unique product mark for your brand name protection.
    • Service Mark: A Service Mark helps the consumer in identifying a particular service being offered by any business, entity or an organisation that is different from those being offered by their competitors in the market. Service marks can be registered only between Classes 35 to 45, pertaining to services for the online Trademark Registration in India. Trademark Registration in India Online can assist you in finding a unique service mark for your Online Brand Name Registration in India.
    • Tagline: For better Online Brand Protection in India you can make the description of your trademark more unique and less similar to the already registered trademarks by adding a tagline in your trademark to create a distinctiveness of the goods or services being offered by you.  For Example, the famous brand Nike has its tagline “Just Do It” beneath its logo of a tick mark is a tagline that has been registered as a trademark by it. Thus, you may Apply for Trademark Online India with a tagline beneath it. Trademark Registration India Online portal can assist you in finding a unique tagline for your Online Brand Name Registration in India.

 

  • Shape Mark:  A Shape Mark may be registered as a Trademark to protect the shape of a product so that the customers find it relatable to a certain manufacturer and prefer to buy the product from him. The shape of a particular product can be registered once it is recognized to have a significant shape. An example of a shape is the Coca-Cola bottle or Limca bottle, which have a distinctive shape identifiable with the brand. Trademark Registration India Online portal can assist you in finding a unique shape mark for your Online Brand Name Registration in India.

 

 

Procedure for Trademark Registration in India Online

Step 1 – Before making the online trademark application India for Online Trademark registration in India, you must ensure that your trademark does not fall under the following categories because these are grounds for an absolute refusal of registration.

(from section 9, 11, 13, 14 of the trade Marks Act of 1999)

  1. A trademark which is devoid of any distinctive character, in the sense that is not capable of distinguishing the good or services of one person from those of another person.
  2. A trademark which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production f the goods or rendering of the service or other characteristics of the goods or service.
  3. A trademark consisting mainly of marks or indications which have become customary in the current language or in the bona fide and established practices of the relevant trade.
  4. The trademark for it to be eligible for trademark registration in India online, should not comprise or contain any scandalous or obscene matter.
  5. It should not of such nature as to deceive the public or cause confusion.
  6. It contains or comprises of any matter likely to hurt the religious susceptibilities of any class of section of the citizens of India.
  7. Its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).
  8. It contains exclusively of the shape of goods which results from the nature of the goods themselves/ the shape of good which is necessary to obtain a technical result/ the shape which gives substantial value of the goods.
  9. It should not be a word which is the commonly used and accepted name of any single chemical element or any single chemical compound (as distinguished from a mixture) in respect of a chemical substance or preparation , or which is declared by the World Health Organization and notified in the prescribed manner by the Registrar from time to time, as an international non – proprietary name or which is deceptively similar to such name.
  10. If it falsely suggests a connection with any living person, or a person whose death took place within twenty years prior to the date of online trademark application India for trademark registration in India Online of the trade mark, (the registrar will allow the same if the applicant can furnish the consent in writing of such living person or, as the case may be, of the legal representative of the deceased person as the case maybe)
  11. If it is likely to cause confusion on the part of the public due to confusion with a pre-existing trade mark. (if the pre existing trade mark is for different goods and services then the trademark can only be refused if the pre existing trade mark qualifies as a well known trademark for the purposes of section 11 of the Trade Marks Act of 1999)
  12. If its use in India is liable to be prevented by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade, or by virtue of law of copyright

Step 2Nature of Applicant in Trademark Registration in India Online

(from section 18, 20, 21, 23 of the Trade Marks Act of 1999)

  1. any such person who claims to be the proprietor of a trade mark used or proposed to be used by him may register the same by applying to the Registrar in the prescribed manner.
  2. the application shall be filed in the office of the Trade Mark Registry within whose territorial limits the applicants principal place of business is.
  3. In the case of joint applicants, the applicant whose name is first mentioned will be the one treated as the main applicant for the purpose of filing the application (in the sense that the application will be filed in the trade mark registry within whose limits his/ her principal place of business is
  4. The application could also be filed online. For this purpose, you may visit Trademark Registration in India Online portal.
  5. Trademark Registration in India Online is a leading web portal that can assist you in filing your online trademark application India by the help of its expert panel comprising of Online Trademark Attorney in India.  
  6. On receiving Online Trademark Application India, the Registrar may refuse the application or may accept it absolutely. He/ she may also accept it conditional to such amendments, modifications, conditions or limitations, if any, as he/ she may think fit.
  7. If the application has been accepted, then the same will have to be advertised by the registrar.
  8. After the advertisement any person will have about 3 months to oppose the registration for your patent.
  9. You will be given a copy of this notice of opposition and you will further have 2 months’ time to make a counter statement.
  10. The registrar will make the final decision on the basis of all the evidence (if any) the counter statement the objections and after hearing the parties.
  11. If the online trademark application India after being opposed is still decided in the favour of the application or alternatively the applicant was not challenged at all then the trademark will have to be registered by the registrar
  12. After trademark registration in India Online is done, the registrar will issue a certificate of registration of the said trademark to the applicant.

 

Major Reasons for Trademark Registration in India Online 

    1. Online trademark registration in India is easy and convenient.
    2. Trademark Registration in India online offers any entrepreneur a proprietary right to the trademark and provides the right to use it on its product or service.
    3. Securing the goodwill of your business – The trademark would be an asset for your business and will contribute to the goodwill and help you in Online Brand Protection in India.  
    4. Identity for your business – It is the reason brands emerge – it generates brand loyalty and allows consumers to make a fashion statement.
    5. Exclusive rights – It is a way of legally protecting one’s business
    6. Legal relief – In case of infringement of your trademark you will be entitled to legal remedies.

 

Benefits of Trademark Registration in India Online

    1. Trademark Registration in India online offers any entrepreneur a proprietary right to the trademark and provides the right to use it on its product or service.
    2. Securing the goodwill of your business – The trademark would be an asset for your business and will contribute to the goodwill
    3. Identity for your business – It is the reason brands emerge – it generates brand loyalty and allows consumers to make a fashion statement
    4. Exclusive rights – It is a way of legally protecting one’s business
    5. Legal relief – In case of infringement of your trademark you will be entitled to legal remedies

Documents required for Trademark Registration in India Online

    1. Soft copy of trademark, logo, that the Applicant intends to make their trademark.
    2. If the applicant is a company then Copy of Incorporation Certificate is required for trademark registration in India online.
    3. If the applicant is an individual, then his/ her identity proof
    4. If the applicant is a partnership firm, then the partnership deed
    5. Address proof of the company
    6. Details of the product or service for which a trademark registration in India online is required.
    7. Date of first use of the trademark in India, if at all used
    8. If the application is to claim priority from an earlier filed convention application, details of that application is also required (application number, filing date, country and goods/services).
    9. Copy of Power of Attorney, signed by the applicant on stamp paper of Rs. 100.

 

Various Advantages of Trademark Registration in India Online

    1. One you get a certificate it would mean that the trademark stands approved
    2. This will allow you to enjoy all the legal protection of a trademark
    3. Online Trade Mark Registration in India offers any entrepreneur a proprietary right to the trademark and provides the right to use it on its product or service.
    4. Securing the goodwill of your business – The trademark would be an asset for your business and will contribute to the goodwill
    5. Identity for your business – It is the reason brands emerge – it generates brand loyalty and allows consumers to make a fashion statement
    6. Exclusive rights – It is a way of legally protecting one’s business
    7. Legal relief – In case of infringement of your trademark you will be entitled to legal remedies

 

FAQ’s about Trademark Registration in India Online

 

Can I use any Digital signature for registering/filing of online trademark application India?

 

Currently you can use following digital signatures:

Vendor Signature Class
(n)Code Solutions Class III or II
Safe Scrypt Class III or II
e mudhra Class III or II
Capricorn Class III or II

 

Can I use my USERID and password of earlier version to log in to the Comprehensive e-filing system of Trademark Registration in India online?

 

No, You need not to create a new user id in the Comprehensive e-filing system for Trade Mark (3.0)

I am not able to add my digital signatures for trademark registration in India online?

 

 

The computer which is being used for Comprehensive e-filing system should run the browser (Internet Explorer in Windows 7 or any newer version) in “Administrative mode” i.e. right click on the Internet Explorer icon and click “Run as Administrator”.

 

I am having Mac/Linux OS. Can I use the Comprehensive e-filing system?

 

No you cannot as the e-filing system currently only supports only Windows 7 and above Operating systems.

 

Which web browser is best suited for using the system?

 

Internet Explorer 10 and above.

 

My Digital Signature Certificate has expired and I have changed / replaced it with new one. How do I update it on the Trademark Registration in online portal?

 

Open the link “Renew Digital Signature” under the Control Panel in the left Navigation bar and update your digital signature by following the guidelines given therein.

 

I need help and information about Comprehensive E-filing system?

 

Please refer to the user manual given at the home page of Comprehensive E-filing system for all the detailed information and usage.

 

Which forms can I file through Comprehensive E-filing services system?

 

All the forms as per the Trademark Filing and Application Rules can be filed through Comprehensive E-filing system.

 

Can I edit the drafted form after I have digitally signed it?

 

You can only edit the drafted form till you have not digitally signed it. Once it is signed, it cannot be edited and needs to be re-drafted after trashing the previous one.

 

What should I do if some error has occurred/displayed on screen?

 

Please copy the error details and mail it to [email protected]

 

I attempted to pay for a form through the payment gateway, but I got a transaction error. What should I do?

 

In case there is a transaction error: Check the status in “Pending Payment” under PAYMENTS tab on the Trademark Registration in India online portal. And click on the “Verify” button to check the latest status of that transaction. If the status shows “SUCCESS” then you may generate the acknowledgement from there itself. And if the status is “FAILURE” or “STILL WAITING FOR RESPONSE FROM THE BANK” then you are advised to wait for at least 30 minutes and recheck the status before enabling the applications for repayment. For failed transactions amount debited (if any) will automatically be credited by the payment gateway to the payers accounts within 4 working days. In case of any discrepancy please write to [email protected] mentioning the details of the transaction.

 

Can I use any Payment gateway to pay for the application fees for Trademark Registration in India online?

 

User can use only comprehensive payment gateway of Central Bank of India for Payment of Fees for online trademark registration in India. The gateway provides payment options through internet banking of multiple banks and along with credit/debit cards payment options.

 

Where can I get the history of all my Payments on the Trademark Registration in India online portal?

 

You can view all your Payment transactions in the link given in the left navigation bar under “Payment History” on the online trademark registration in India Portal.

Do I mandatorily need to register my trademark on the Trademark Registration in India online portal?

No. However, a trademark registration has several advantages including notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.

Do I have to be an Indian citizen to obtain an Indian registration?

No not necessarily. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Trademark Journal and on the Certificate of Registration.

Is an Indian registration valid outside the India?

No this is because as discussed in the article above Indian registration will only qualify as  national registration an the same will not have recognition all over the world. However certain countries, however, do recognize an Indian registration as a basis for registering the mark in those countries. Many countries maintain a register of trademarks. The laws of each country regarding registration must be consulted

Who may file an online trademark application India for Trademark Registration in India online?

Only the owner of the trademark may file an application for Trademark registration in India online. An application filed by any other person will be declared void.

How do I contest someone else using a trademark similar to mine?

There are several ways to dispute the use of your trademark by a third party. Depending on the factual situation, the Trademark Office may or may not be the proper forum. You can seek legal advice to get a better opinion as to what should be done.

 

 

For more details and information regarding the Trademarks please check out  www.TrademarkRegistrationIndiaOnline.com

Trademark Registration in India Online is an online portal where you can get information on a variety of topics ranging from intellectual property to legal documentation. This organisation also provides free legal consultation on call. The portal is user friendly and has a real time chat to help you with any doubts that you may have while reading the articles. The articles are very useful for the purposes of learning and understanding the procedures of trademark registration in India online.