How to File Trademark Application for Registration in India [Video]

Filing a trademark in India involves several steps to ensure your brand or product is legally protected. Here’s a detailed guide on how to file a trademark in India:

Step-by-Step Guide to File a Trademark in India:
Trademark Search:
Conduct a thorough trademark search to ensure your proposed trademark is unique and not already registered or pending. This can be done on the official website of the Indian Trademark Office (https://ipindia.gov.in).

Filing the Application:
Once you confirm the availability of your trademark, you can proceed to file the trademark application. This can be done online through the Trademark Electronic Application System (TEAS) on the IP India website. You need to fill out the application form (Form TM-A) with accurate details about the trademark, applicant details, and class of goods/services.

Documents Required:
Prepare the necessary documents which typically include:

A clear representation of the trademark.
Details of the applicant (individual or business).
Address proof of the applicant.
Form of Authorization of Agent (if filing through a trademark attorney).
Power of Attorney (if required).
Payment of Fees:
Pay the filing fees for the trademark application. The fee varies depending on whether you’re filing online or offline, and the type of applicant (individual/startup/small enterprise vs. others).

Examination and Publication:
After filing, your trademark application will be examined by the Trademark Office to verify compliance with legal requirements. If there are no objections or if objections are successfully overcome, your trademark will be published in the Trademark Journal.

Opposition Period:
Once published, there is a period of 4 months for any third party to file an opposition to your trademark. If no opposition is filed, or if the opposition is unsuccessful, your trademark will proceed to registration.

Registration:
If there is no opposition or if opposition is decided in your favor, your trademark will be registered, and you will receive a Trademark Registration Certificate.

Renewal:
Trademarks in India are initially registered for a period of 10 years. You can renew your trademark registration indefinitely every 10 years by paying the renewal fees.

Important Points to Consider:
Trademark Classes: Goods and services are categorized into classes (45 classes in total). You need to specify the class(es) relevant to your goods/services when filing the application.
Use Requirement: Unlike some jurisdictions, India follows a “use-based” system, meaning you must provide evidence of actual use of the trademark in commerce before registration can be completed.
Trademark Attorney: While not mandatory, engaging a trademark attorney can simplify the process and ensure compliance with all legal requirements.
By following these steps diligently and ensuring all requirements are met, you can secure legal protection for your trademark in India, safeguarding your brand identity and goodwill in the market.