Trademark Registration Application
Tags: trademark
Published: 2022-09-11 16:02:57


A Trademark is a unique mark which helps in identifying a specific Brand, Company, or Business. It differentiates the goods or services of one’s business from others.

The word “Registered Trademark” is defined under clause (w) Section 2 (1) of Trademark Act, 1999 as - “Registered Trade Mark” means a trade mark which is actually on the register and remaining in force which means a Trademark cannot act as a protection for any brand until it is registered on www.ipindia.gov.in 

Key Takeaways-

•Trademark Registration Importance
•Trademark Registration Application
•Trademark Registration Documents
•Trademark Registration Process
•Trademark Registration Certificate 

**Importance of **[Trademark Registration in India](https://www.compliancecalendar.in/trademark-registration)**:
**
Where the owner registers it trademark, he enjoys the exclusive power and rights over it. As a result, no one can use a registered mark without the prior permission of the owner of such mark. If anyone intends to do so, the owner has a legal right to prosecute against such person for trademark infringement.

Trademark offers a brand name to the associated goods and services. It gives distinctiveness to the good and services of an organization that is special and can’t be used by any other business. The logo embraces the company’s vision, nature and quality of its goods and services.

The trademark distinguishes ones good and services from other, and therefore builds the trust and reputation of the associated goods and services. The customers remember the traits of product through its trademark. This makes the Brand owner more dedicated to the business to enhance and upgrade the quality of its product which further results in building a better Brand Reputation.

Sometimes the Brand owners feels that the TRADEMARK IS AN EXPENSE WHICH CAN BE AVOIDED BY THEM. However, in the real scenario, the registered and enrolled trademark is considered as Intangible asset of the organization. The value of the Trademark will increase with the growth of the organization. The Trademark can also be sold by its owner in case he is facing distress situation. Therefore, Trademark is not a cost for business but an Asset which may provide multiple returns to the organization.
Now let’s discuss the Trademark Registration/A Process

**1.Choosing a TM
**
It is the foremost step prior to registration. The selected or shortlisted trademark should be unique, non-descriptive, and different from the existing trademark. It should not be already registered in the records of trademark registry by some other applicant. A Trademark may be a Word, Device, Monogram, or combinations of them. The trademark should be unique, non-descriptive, and different.

**2.TM Search Report
**
The Trademark you have selected is unique, however if the Trademark Department finds the mark as deceptively similar to already registered Trademark, the examiner may refuse to register such a mark. Therefore, it is suggested that an in depth Trademark Search, prior to the submission of TM application (TM-A), is important. 

For Trademark search through the online portal of Government of India the following link can be used  
https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

**3.Application for TM Registration
**
A proprietor may proceed to the next step, once he is satisfied with the TM search report. He can apply for TM for Registration in Form TM-A. A Proprietor in TM application can be an Individual, a startup, a SME, or others. 

**It has to be noted that the application shall be signed either by:
**
1.A Proprietor 
2.A Legal Practitioner; or 
3A Registered Trademark Agent



**Documents to be submitted along with Form TM-A (erstwhile TM-1): 
**
1.KYC of the Proprietor or Individual/Partner/Director/Firm-
PAN/Aadhar/Passport

2.Certificate of Incorporation (in case of a Company or LLP)

3.Udyog Aadhar/Udyam Registration Certificate (In case of MSMEs Opted)

4.Logo of the Brand (if any) 

5.Power of Attorney – In case TM is applied by Trademark Agent or Attorney

6. Startup Recognition Certificate (In case of Start-up Opted) 


4.Examination of Trademark Application: 

Once the Application is submitted by the Applicant for TM registration to TM Department, the Registrar of Trademarks examine the application and make an Examination Report. It is on the TM Department, either it may accept the application or mark objection. After a proper scrutiny of submitted TM application, the TM department will issue an Examination Report if finds mark is objectionable under section 9 or 11 as the case may be. 

If the Examination Report contains any objection under Section 9 or/and 11, a Reply to Examination Report is to be submitted within one month from the date of receipt of this Examination Report, to satisfy the Registrar. If the Examiner is not satisfied with the reply which is filed by the applicant, a show cause hearing can be requested. On the other hand, if the Examiner is satisfied that the trademark is eligible and should be registered, he will publish it in Trademark Journal.

On the other hand, If the application is accepted by the TM department without raising any objection, it is directly sent for Publication in TM Journal and status changes from Accepted to Accepted & Advertised.

**5.Show Cause Hearing: 
**
If the Reply to the Examination Report is not up to the mark, the Trademark Department will mark the application as ‘Ready for Show Cause Hearing’. The applicant has all the rights to attend the show cause hearing, or he can also authorize his Trademark Agent/ Attorney to attend the same. The date of hearing will be intimated by the TM Department itself to the applicant’s registered E-mail Id. The hearing can be attended by both the ways physically and through video conferencing as per the convenience.

**6.Publication on Trademark Journal: 
**
If the application is Accepted by the TM Department, the proposed mark published in the trademark journal. The public have an opportunity to Oppose the published Trademark within 4 months from the publication date. The public may oppose, if they find that such Trademark, is similar and will affect their brand and its reputation. The opposition is filed in Form TM-O with the requisite fees as prescribed and The Applicant must file a Counter Statement with reply to the Opposition within 2 months from the opposition date.

**7.Trademark Registered: 
**
If there is no objections or oppositions to the application, the Trademark Registration Certificate will be issued by the TM Department and therefore applicant can use the symbol ® next to the logo/brand name. Finally, you can say that my Trademark is registered.

**Frequently Asked Questions (FAQs)
**
**Q1. What does ™ and ® signify, when can we use them?
**
Answer:  ™ is used to indicate that the trademark is unregistered, but this mark can be used to promote goods. ™ can be used even for trademarks for which registration is not applied to claim use over it.

® is used to represent a registered trademark that provides the applicant complete ownership and legal rights over the trademark.

**Q2. Is the registration of a trademark compulsory?
**
Answer: No. Trademark registration is not at all compulsory. However, it is to be noted that no suit can be filed for the infringement of unregistered trademarks or brand name.

If you wish to get your TM Registered, Compliance Calendar LLP have a dedicated team of Professionals who are experts in the field of IPR Laws. Contact us on **info@ccoffice.in** or ping us at **9988424211** and we will be happy to help you in all aspect from Preparation of TM Search Report till the **[Company Registration](https://www.compliancecalendar.in/)** of your Trade mark at IP India Portal www.ipindia.gov.in