1. Determine the Trademark Type
- Decide what you want to trademark:
- Word mark (e.g., brand name).
- Logo or symbol.
- Tagline.
- Product shape.
- Sound or smell (non-conventional trademarks).
2. Conduct a Trademark Search
- Visit the Portal
- Search for existing trademarks to ensure:
- Your trademark is unique.
- There are no similar or identical trademarks already registered.
3. Classify Your Trademark
- Identify the appropriate Trademark Class based on your business’s goods or services.
- Trademark classifications range from Class 1 to Class 45:
- E.g., Class 25 covers clothing, footwear, and headgear, while Class 35 includes advertising and business management services.
- Refer to the Nice Classification for the complete list.
4. Prepare Required Documents
- Basic Details:
- Applicant’s name, address, and nationality.
- Nature of the business entity (individual, partnership, company, etc.).
- Trademark Details:
- Logo or wordmark (if applicable) in JPEG format.
- Trademark class and description of goods/services.
- Business Proof:
- Certificate of incorporation or registration for companies.
- Partnership deed for partnerships.
- Power of Attorney (Form TM-48):
- Authorizes a trademark attorney/agent to file the application on your behalf (if applicable).
5. File the Trademark Application
- Online Filing:
- Offline Filing:
- Submit a physical application at the nearest Trademark Registry Office.
- Offices are located in Delhi, Mumbai, Chennai, Kolkata, and Ahmedabad.
6. Pay the Application Fee
- Fee Structure:
- ₹4,500 for individuals, startups, and small enterprises (online).
- ₹9,000 for companies and large enterprises.
- Payments can be made online via Net Banking, credit/debit cards, or through a demand draft for offline applications.
7. Application Acknowledgment
- Upon successful submission, you’ll receive:
- An Acknowledgment Receipt with a Trademark Application Number.
- Use this number to track your application status online.
8. Examination of the Application
- A trademark examiner reviews your application for:
- Completeness.
- Potential conflicts with existing trademarks.
- Compliance with legal requirements.
- The examiner may raise objections if issues are found.
9. Respond to Examination Report (If Applicable)
- If objections are raised:
- File a response addressing the concerns within the stipulated time (usually 30 days).
- Appear for a hearing (if required) to resolve objections.
10. Publication in Trademark Journal
- If the application clears the examination:
- It is published in the Trademark Journal for public review.
- The public has 4 months to file any opposition to the trademark.
11. Resolve Opposition (If Applicable)
- If opposed, submit a counter-statement to defend your application.
- Attend hearings and provide evidence supporting your claim.
12. Trademark Registration Certificate
- If no opposition is filed, or the opposition is resolved in your favor:
- The trademark is registered, and you’ll receive the Trademark Registration Certificate.
- You can now use the ® symbol alongside your trademark.
Post-Registration Requirements
- Validity: Trademark registration is valid for 10 years.
- Renewal: Can be renewed indefinitely by paying the renewal fee before expiry.
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