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 How to register a trademark for a business?

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

  1. Online Filing:
    • Visit the Portal
    • Log in or create an account.
    • Select New Application under the e-filing services section.
    • Fill in the application form (Form TM-A).
  2. 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

  1. Validity: Trademark registration is valid for 10 years.
  2. Renewal: Can be renewed indefinitely by paying the renewal fee before expiry.

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