Status update by Selena Parker

    • Selena Parker
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      Very often, we see a logo and instantly recognize the brand or the company. The logo, in this case, is the trademark of the brand. Logos are all trademarks, but all trademarks are not logos. Trademarks can combine words, numbers, characters, images, etc., that help customers and other stakeholders or the market differentiate between two competing brands.

      Protecting the trademark so that it does not get copied or infringed upon is the responsibility of the brand owners. All the effort to build a brand or a company can go to sheer waste if the trademark is not protected or registered.

      Process of Trademark filing in India

      The Trademarks Act (Amendment) regulates trademark filing and registration in India. The Act came into effect to ensure that there are no fraudulent activities related to trademark infringement.

      The trademark filing process in India starts with filling in the application form. The need to hire a trademark expert is not mandatory by law – however, it is in the best interest of the brand and the company that they take the assistance of experts with a proven track record. The filing process requires lengthy documentation where each document has a critical role to perform and should be submitted without fail. In case the documents along with the application form are not complete, there is every chance that the application may get rejected by the authorities.

      Documents Required for Trademark Filing

      1. The incorporation certificate of the company.
      2. Form 48 – gives a trademark lawyer to apply on behalf of the applicant. The applicant should sign it.
      3. Udyog Aadhar card is a must. The trademark fee in India for LLPs, partnerships, and other companies without the Udyog Aadhar card is INR 9,500. However, companies that have the Udyog Aadhar card get a 50% rebate on the trademark fees.
      4. Trademark class – there are forty-five classes of trademarks in India as per the International Certification of Goods and Services. Before applying, your attorney will undertake a detailed trademark search to understand any overlaps or discrepancies. The search results help in understanding if there are similar trademarks already registered or filed for registration or not. It is a necessary step in the process and should be done before trademark filing in India as it ensures that the application does not get rejected or opposed. The choice of the right trademark class is vital for the application to get processed on time.
      5. TM-A or the application form that has been prescribed for applicants for filing for trademark registration.

      The Process Ahead

      Once the application has been filed, and it is found to be acceptable, the trademark fee needs to be deposited.

      As soon as the application is accepted, the government issues a trademark application number. It takes about two to four working days to get the number. As soon as the brand receives this number, it can start using the TM symbol.

      It takes about a year for the application to get processed. In case of any issue or objection, the Trademark examiner will ask for answers.

      When there are no more objections, the trademark gets registered, and the brand can now start to use the R symbol.