If business is about innovation and uniqueness, Trademark registration is a safeguard which protects your identity. It covers imperative parts of your brand like your logo, symbol, graphic design, content and all other factors that make your brand unique. This step is indispensable for all brands as it not only stops duplicity it is also a mark of genuineness and it gives the owner the legal rights to prevent unauthorized use of the brand trademarks. A registered trademark is an irreplaceable asset to any organization which insures the company’s investment in its intellectual properties. Numbro has helped many companies with trademark registration in Hyderabad and have virtuoso in this niche.
Steps involved in registering a trademark
Step 1: Trademark Search :
Upon furnishing the relevant information Numbro team shall provide a search report on the availability of the trademark, which helps you to know if there are similar trademarks available and helps to predict the chances of succeeding the registration.
Step 2: Filing Trademark Application with Trademark registry:
Once we get the search report positively and ensuring that there are no similar brands registered applicant can file the application with the trademark registry. Application can be made either online/offline.
Step 3: TM Examination:
After a trademark application is filed, it is examined by the examiner for any discrepancies. The examination might take around 5-6 months. The examiner might accept/object the trademark based on the application filed.
If accepted unconditionally, the trademark gets published in the Trademark Journal. If not accepted the conditions to be fulfilled or the objections would be mentioned in the examination report and the applicant need to reply to the objections raised in a month’s time.
Once such response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a hearing. If in the hearing, the examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark Journal.
Step 4: TM Publication:
Upon publishing the trademark anyone has the opportunity to oppose for registering the trademark. If, after 3-4 months from publication there is no opposition, the trademark proceeds for registration. In case there is opposition registrar provides an opportunity of hearing from both the parties and decision is pronounced by the registrar.
Step 5: Registration Certificate:
Once the application proceeds for trademark registration, following, publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued.
The trademark shall be renewed every 10 years.
Time lines for Trademark registration:
It takes 18 to 24 months to register a trademark.
Registration under different classes:
Based on the business activity the application is classified under a particular class. If a particular brand ventured into different business models, it can register its brand under each business category under each class for which separate applications have to be filed.
The fees shall be Rs.5000/- if the applicant is Individual/Sole Proprietor/Startup Enterprise*/small enterprise*.
The fees shall be Rs.10,000/- in all other cases.
Small Enterprise – Those applicants whose investment only in plants and machinery does not exceed the limit of ten crore rupees if the applicant is a manufacturer and however, if the applicant is a service provider, the investment in equipment in general does not exceed the limit of five crore rupees.
Startup Enterprise –
- Incorporated as either a Private Limited Company or OPC or a Registered Partnership Firm or a Limited Liability Partnership.
- Period of ten years has not been elapsed from the date of incorporation/registration.
- With an annual turnover not exceeding Rs. 100 crores for any of the financial years since incorporation/registration.
- Entity should not have been formed by splitting up or reconstruction a business already in existence.
- Recognized by DPIIT
Registering a trademark is a simple step to be taken from the owner of trademark to protect the brand and upon application of it the owner can use the brand by disclosing the symbol of TM pending registration, which shall give the impression to the outsiders that the application is already been made, pending approval. Upon registering by the registry, applicant shall use the symbol of ® which infers that the trademark is registered. The registration process may take 12- 18 months based on the merits/strength of the application. Once registered the owner of the trademark shall have the right to fight legally if the brand is used illegally by others.
Disclaimer: The content provided is for better understanding and knowledge sharing only. Users are advised to take professional advice before acting on this document.