Trademark FIling: Documents required, time taken and more

A trademark is a branch of Intellectual Property which helps in representing a business or its by-products. If such symbol or word is registered, then the same set of words or symbols cannot be used by any other person or organisation, as long as the proper paperwork and fees are paid and such symbols or words remain in usage. 

Trademark is different from a patent in terms of duration. A patent is granted for a period of 20 years whereas a Trademark is granted only for a period of ten years. The repetitive use of the Trademark makes it synonymous with the company’s name. This further makes it easy to recognise, the company by just its Trademark without looking at the name. For instance -The Puma logo which features on Puma Products, the picture of a little girl on Amul butter, M of McDonald’s or the crocodile logo for Crocs/Lacoste. When you see the logos of the above-mentioned companies, you instantly recognise it, without taking a  look at the names of the company. This association of the words and symbols with companies is the biggest advantage of having a Trademark.

Documents required for Registration of the Trademark

Documents required for registration of the Trademark are different for different organisations or associations. It is not necessary to submit the original documents; a scanned copy of the documents also suffices the requirement. The documents are listed below:

1. Individuals & Sole Proprietorship

• A copy of the logo. If the logo is not provided, then the application can be filed for the word also.

• Signed Form - 48. (this form is just an authorisation from the applicant to the Trademark attorney for filing the application on the applicant’s behalf)

• Identity proof of the proprietor or individual

• Address proof of the proprietor or individual

For Individuals or Sole Proprietorship, the above-listed documents are required for registering their Trademark.

2. Partnership/LLP/Company- Small Enterprise or Startup

For Partnership/LLP/Company of small enterprise or startup, the following documents are needed to present for registering the Trademark

• Logo’s copy (optional)

• Signed form-48

• Udyog Aadhar Registration Certificate

• Partnership Deed or Incorporation Certificate

• Identity Proof of the signatory

• Address Proof of the signatory

3. Other Applicants

• Logo’s Copy (optional)

• Signed Form-48

• Partnership Deed or Incorporation Certificate.

• Identity proof of the Signatory

• Address proof of the Signatory

So, for Registering the Trademark, every association have to submit documents accordingly.

How to Check if a Trademark is Registered in India?

For checking the registration of the Trademark in India, you have to go to the trademark search database through a web browser and follow the following steps:

• At the top of the page, you have to select a wordmark

• You have to enter the wordmark which you want to search in the trademark database. The comparison of the trademark database can be on three conditions- ‘start with’, ‘contains’, ‘match with’

• ‘Start with’ helps in searching those Trademark which starts with the value provided for

• ‘Match with’ assists in finding those Trademark which are matching with the value provided for search

• The next step is entering the class of trademark which is applicable (Trademarks are divided into 45 classes and each class represents a distinct group of goods & services. A registered trademark or a trademark application will only be relevant to the class for which it is applied)

• Click on the search button to begin the search.

• The search results page will display a list of all the Trademarks which starts with the word you searched for with the class in which it is registered

• Selecting the “Show Details” option will showcase the information which is related to the trademark application date, validity date, owner information, the application number, the description and  Trademark used since the date. 

How much Time does it take to Register a Trademark?

In India, a trademark which is not registered cannot enforce its rights on other individuals or associations as it is mandatory to register a trademark in India. The Trademark registration involves various steps which have been mentioned above in this article. Registering a trademark takes time as it is a lengthy process. Generally, a Trademark registration takes at least up to 18-24 months to complete. This time period is for the straightforward cases, where there are no objections raised against the said trademark. If there are any objections then the time may also expand tirelessly. However, the application number for the trademark is issued within 2 days of filing the application.

How long does it take after Publication of a Trademark is Issued?

After the acceptance of the Trademark application by the Trademark Office, the application is advertised by publishing it in the Trademark Journal. Advertisement of the Trademark in the journal does not mean that the trademark is registered. Trademark application which is advertised must have the following details:

• Details regarding the trademark

• Application date

• Priority claim (if any)

• Applicant’s details including his/her address

• Address of the applicant for service including his/her agent’s detail

• Specification & class of goods & services

• A statement as to use of the trademark

• Appropriate office

The trademark published in the journal has to be opposed within 4 months of publication. A person who wants to oppose the trademark has to give a notice of opposition. It is not important that the person opposing the trademark to have a commercial or personal interest in the matter. If within these four months, the advertised trademark does not face any objection or opposition then the trademark gets registered.

For how long is a Trademark Valid in India?

According to Section 25 of the TradeMarks Act, 1999, once a trademark is registered, it is valid for 10 years. Once the Trademark expires after ten years, you have the option of renewing the trademark registration. When the trademark registration expires, then a notice is served by the registrar to the proprietor of the trademark. If after the expiry of the registration of the trademark, the proprietor makes an application in the prescribed form attached with prescribed fee and surcharge, then the trademark will not be removed from the register by the Registrar. This application by the proprietor has to be made within six months from the date of last expiration. After renewing, the trademark will again be registered for the next ten years.

According to Section 19 of the Act, the Registrar also has the authority to withdraw the acceptance of the trademark application before it gets registered on the following two grounds:

• Acceptance was in error

• Such circumstances where trademark shall not be registered in India

How can we Help you?

Trademark registration provides protection to your business, it prevents other individuals and associations from using or duplicating your logo which safeguards your goodwill in the market. In India, the registration of a trademark is mandatory so that you can exercise and enforce your rights against others. But getting a trademark registered is a time-taking and lengthy process. Hence, it becomes a herculean task for an individual to register their trademark. But if you are seeking to register your own trademark, you don’t have to worry about the complex procedures as MyAdvo is here for your help. MyAdvo provides you with a list of advocates who are experts in their respective fields. All you have to do is choose an advocate which matches your requirements. 

MyAdvo acts like a legal concierge which provides finest legal minds of the industry from over 10,000 lawyers across 500+ districts, right at your screen. Just express your legal queries online via mail on support@myadvo.in or simply call us at +91-9811782573 to resolve any and every kind of legal problems. 

Written by: Aman Kumar Saini