Trademarks are special unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs or even expressions. It is important because it differentiates your products from the competitions. It can be associated with your brand or product. Trademarks are classified as intellectual property and therefore is protected from infringement. Trademarks and its rights are protected by the Trademark Act, 1999 .Registering a trademark in India is not just a legal formality but a strategic move that offers numerous benefits, including legal protection, enhanced brand recognition, asset creation, and prevention of infringement. It's an essential step for businesses aiming for long-term success and growth.

Unlike patents, trademark does not have a definite limitation period. Where a patent expires in 20 years a trademark registration expires after 10 years of its registration, but unlike patents, a trademark can be renewed again for another 10 years. This process can be indefinitely done, meaning as long as you keep renewing the trademark it will not expire and will continue to be under the protection of the Act.

Preparatory Steps:

Before initiating trademark registration in India, it's essential to take specific preparatory steps to ensure a smooth and successful application process

1. Conduct a Comprehensive Trademark Search: Before applying, perform a thorough search to ensure your desired trademark is unique and not already registered or too similar to existing marks.
2. Determine the Appropriate Trademark Class: Select the correct class from the 45 classes under the NICE Classification System
3. Prepare Necessary Documents: Gather the required documents based on your entity type:

For Individuals/Sole Proprietors:

• Aadhaar card
• PAN card
• GST registration certificate (if applicable)

For Companies/Partnerships/LLPs:

• Incorporation certificate or partnership deed
• GST registration certificate
• Udyam Aadhaar registration certificate (for MSMEs)
• Logo (if applicable)
• User Affidavit (if claiming prior use)
• Power of Attorney (if filed through an agent)

1. Obtain Digital Signature Certificate (DSC):

Digital Signature Certificate is mandatory for e-filing trademark applications in India.

Filing Application

1. Go to the official website of Intellectual Property e-filing Portal:

• If you're a new user, complete the registration process to create an account.
• Returning users can log in using their credentials.

1. Select the Type of Applicant:

• Choose the appropriate category for your application:
  • Proprietor: For individual applicants.
  • Attorney: If filing through a legal representative.
  • Agent: If filing through a registered trademark agent. Fill in Proprietor Details
• Enter the proprietor's name, address, nationality, and contact information.
• If the applicant is a company, provide the country or state of incorporation along with the complete address.
• For partnership concerns, list the names and addresses of all partners.

3. Trademark Details

• Representation of the Trademark: Upload a clear image of the trademark (logo or word mark).
• Mark Type: Specify whether it's a word mark, logo, or label.
• Description: Provide a brief description of the trademark.
• Class Selection: Identify the appropriate class under the NICE Classification that corresponds to your goods or services.

4. Statement of Use

• Indicate whether the trademark is "Proposed to be Used" or "Used".
• If "Used", provide the date of first use in India.

5. Power of Attorney (if applicable)

• If the application is filed through an agent or attorney, upload a signed Power of Attorney in Form TM-48.

6. Supporting Documents

• Depending on the applicant type, upload the following:
  • Individual Applicants: PAN card and address proof.
  • Companies/LLPs: Certificate of Incorporation, Board Resolution, and address proof.
  • Startups/Small Enterprises: Udyam Registration Certificate or Startup India certificate.

7. Digital Signature Certificate (DSC)

• A Class 3 DSC is mandatory for online filing.
• Ensure the DSC is registered with the e-filing portal. Payment of Filing Fee
• The fee varies based on the applicant category:
  • ₹4,500: For individuals, startups, or small enterprises.
  • ₹9,000: For companies or large businesses.

8. Submission and Acknowledgment

• After completing the form and uploading all necessary documents, submit the application.
• Upon successful submission, an acknowledgment receipt with a TM number will be generated.

This TM number can be used to track the status of your application