A trademark is a sign that helps to differentiate between goods and services of one business with that of the other. Trademark registration is a legal process under the Trade Mark Act, 1999. A trademark may be of the following types:-
- Name including Surname
- Letters, Numbers or a mix of both
- Colors or combination of colors
- Shapes of goods
Requirements to get a Trademark Registered:-
- The logo which has to be trademarked in a JPEG format
- Form TM 48
- Date when the mark was first used
- Name and address of proprietor
- Prescribed Fee
Forms required and their cost:-
- Form TM-1, TM-2, TM-3, TM-8, TM-51. These forms are required to file an application for Trademark. A proprietor would choose one of the following forms depending on the nature of his application. Cost: Rs. 2500
- Form TM-5. This is to oppose an application published in the Trademark Journal. Cost: Rs. 2500
- Form TM-12. Renewal of Registered Trademark. Cost: Rs 5000
- Form TM-10. In case of Late Renewal. Cost: Rs 3000
- Form TM-13. Restoring a removed Trademark. Cost: Rs. 5000
- Form TM-26. Rectification of Trademark. Cost: Rs 3000
Process of getting Trademark Registered:-
- Research that the trademark does not exist already before filing for registration of Trademark.
- Make an Application on Form TM-1 and pay the prescribed fee of Rs 25000
- Once the Trademark is successfully registered, an official receipt will be issued with a TM number.
- File an examination report within 3 months from the application.
- A response will be received with regard to the registration in the form of an affidavit, hearing or interview.
- An examination report will be issued after verifying that the trademark is not conflicting with a existing or pending trademark.
- The application will be published in the Indian Trademarks Journal with its status.
- A 3 month long window will be provided to any person who wants to oppose the registration of trademark
- The trademark will rejected or accepted accordingly after considering the opposition, if any.
- The trademark will remain valid for a period of 10 years
- It can further be renewed for a period of 10 years by filing Form TM-12