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Tag: trademark registration in India

  • Non-Conventional Trademarks and Their Registration

    In today’s highly competitive business environment, trademarks have evolved far beyond traditional word and logo marks. Modern brands are increasingly leveraging distinctive sounds, colors, shapes, motions, smells, and even textures to create a unique identity and deepen consumer engagement. These non-conventional trademarks are emerging as powerful tools for brand differentiation, enabling companies to communicate their values and personality in ways that transcend conventional visual branding.

    Globally, intellectual property frameworks have adapted to recognize and protect these innovative forms of branding. Organizations such as the World Intellectual Property Organization (WIPO) and its Standing Committee on Trademarks, Industrial Designs, and Geographical Indications (SCT) have acknowledged the significance of non-traditional trademarks and the need for their legal protection. By protecting these unconventional brand assets, companies can enhance consumer recognition and loyalty while safeguarding their market reputation from imitators.

    While jurisdictions like the United States and the European Union have developed more comprehensive procedures and legal frameworks for non-traditional trademarks, India’s legal landscape remains in a relatively nascent stage. The country has taken initial steps to accommodate these innovative trademarks, particularly sound and shape marks, but the legal and administrative processes remain complex and underdeveloped. Nonetheless, recent landmark registrations and judicial pronouncements indicate a growing recognition of the importance of non-conventional trademarks in India.

    Types of Non-Conventional Trademarks

    Non-conventional trademarks are marks that extend beyond the traditional textual or visual logo marks. Some common types include:

    TYPE OF TRADEMARKEXAMPLE
    Motion MarksNokia’s “Hands Connecting” Motion Mark
    Sound MarksNetflix’s “Ta-Da” Notification Sound
    Smell MarksSumitomo Rubber Industries’ “Rose-Scented” Tyres
    Colour MarksCadbury’s Purple Colour Packaging
    Shape MarksCoca-Cola’s Contoured Bottle Shape

    These marks are often highly distinctive and capable of signaling the source of goods or services without relying on traditional textual or logo representations. Their adoption by leading global brands highlights their commercial and strategic value. For example, Nokia’s motion mark and Netflix’s introduction sound have become instantly recognizable to consumers, creating strong brand associations that go beyond conventional logos. Similarly, Sumitomo Rubber Industries’ olfactory (smell) mark for tyres represents a breakthrough in sensory branding, demonstrating the potential for trademarks to engage multiple senses.

    Registration Process for Non-Conventional Trademark in India

    Registering a non-conventional trademark in India is a detailed process requiring careful preparation, given the novelty and complexity of such marks. The process typically involves the following steps:

    1. Conduct a Trademark Search: Before applying, it is essential to conduct a comprehensive search to ensure that the proposed mark does not conflict with any existing registrations. For non-conventional trademarks, this search can be particularly challenging, as traditional trademark search methods primarily focus on word and logo marks. A thorough search can prevent future disputes and objections, saving time and resources.
    2. Filing the Trademark Application: Once a clear search confirms the uniqueness of the mark, the application must be submitted to the Controller General of Patents, Designs, and Trademarks. The application should include detailed descriptions of the trademark, along with graphical, scientific, or technical representations, where applicable, to accurately convey the mark. Non-conventional trademarks often require specialized documentation, such as audio files for sound marks, 3D models for shape marks, or chemical descriptions for smell marks.
    3. Examination Process: The trademark office examines the application to determine whether the mark meets the statutory requirements, including distinctiveness and non-deceptiveness. For unconventional trademarks, examiners carefully evaluate whether the mark can clearly distinguish the applicant’s goods or services from those of others and whether it can be represented in a manner that is intelligible, durable, and objective.
    4. Publication in the Trademark Journal: If the application meets the examination requirements, it is published in the Trademark Journal to invite opposition. Third parties can file objections within a stipulated period if they believe the mark conflicts with their rights. This stage is particularly critical for non-conventional trademarks, as objections often arise regarding graphical representation or distinctiveness.
    5. Registration and Certification: If no opposition is filed or any opposition is successfully resolved, the trademark is registered, and the applicant receives a certificate of registration. The registered non-conventional trademark then enjoys the same legal protection as traditional trademarks under the Trade Marks Act, 1999, including the right to prevent unauthorized use and to seek damages for infringement.

    Notable Examples of Non-Conventional Trademarks

    Several prominent non-conventional trademarks have successfully been registered in India, reflecting the growing acceptance of innovative branding:

    • Nokia’s “Hands Connecting” Motion Mark – Application No. 2008135, Trade Marks Act, 1999.
    • Sound of Human Yodelling “YAHOO!” – Application No. 1270406, registered in 2008.
    • Cadbury’s Purple Packaging – Société des Produits Nestlé SA v. Cadbury UK Ltd [2017] EWCA Civ 358.
    • Sumitomo Rubber Industries’ Rose-Scented Tyres – Application No. TMR/DEL/SCH/2025/16.

    These examples illustrate the diversity of non-conventional marks and the innovative strategies employed by companies to strengthen brand identity.

    Challenges in Registering Non-Convention Trademarks in India

    Despite the potential benefits, registering non-conventional trademarks in India involves unique challenges:

    1. Trademark Search: Due to the unconventional nature of these marks, conducting an exhaustive search to detect conflicts is more complicated than for standard word or logo marks.
    2. Graphical Representation: One of the most critical hurdles is providing a precise and objective representation of the mark. This is especially challenging for sensory marks such as scents or textures. Recent registrations, like Sumitomo Rubber’s rose-scented tyres, illustrate how scientific graphical representation can meet these requirements.
    3. Establishing Uniqueness: The applicant must demonstrate that the mark is distinctive and capable of identifying the source of goods or services. Arbitrary or non-functional characteristics often strengthen the argument for distinctiveness.
    4. Demonstrating Consumer Recognition: It is necessary to show that the mark can effectively distinguish the goods or services of one entity from those of others, particularly in competitive markets.

    Conclusion

    Non-conventional trademarks are transforming the way businesses build and protect their brand identities. From motion and sound marks to scents, colours, and shapes, these marks enable companies to engage consumers in novel ways and create lasting impressions. While India’s legal framework for non-traditional trademarks is still evolving, recent registrations and landmark cases indicate a growing recognition of their significance.

    The registration process, though challenging, can be navigated effectively with the right guidance. Companies must focus on distinctiveness, graphical representation, and thorough legal compliance to ensure robust protection.

    Service providers like TMWala play a pivotal role in helping businesses secure, monitor, and enforce non-conventional trademarks in India and internationally. By leveraging their expertise, companies can maximize the commercial value of their innovative brand assets while safeguarding them against infringement.

    FAQs

    1. What are non-conventional trademarks?
      Trademarks that go beyond words or logos, such as sounds, colours, shapes, motions, smells, or textures.
    2. Why are non-conventional trademarks important?
      They help brands stand out, create unique identities, and strengthen consumer recognition.
    3. Can non-conventional trademarks be registered in India?
      Yes, India allows registration of marks like sound, shape, color, motion, and smell marks.
    4. What is an example of a sound trademark?
      Netflix’s “Ta-Da” notification sound.
    5. What is a key challenge in registering these trademarks?
      Providing clear and objective representation, especially for scents or textures.
    6. What is the first step in registration?
      Conduct a thorough trademark search to ensure the mark is unique.
    7. What documents are needed for filing?
      Audio files, 3D models, chemical descriptions, or technical representations, depending on the mark type.
    8. How is the trademark examined?
      The office checks distinctiveness, non-deceptiveness, and the mark’s ability to identify goods or services.
    9. Can third parties oppose registration?
      Yes, after publication in the Trademark Journal, objections can be filed.
    10. Do registered non-conventional trademarks have legal protection?
      Yes, they enjoy the same rights as traditional trademarks under the Trademarks Act, 1999.

  • EVIDENCE IN SUPPORT OF OPPOSITION: RULE 45 OF THE TRADE MARK RULES, 2017

    When a trademark application is under registration and an opposition is filed, a separate legal procedure begins. As per Section 21 of the Trade Marks Act, 1999, read with Rule 45 of the Trade Marks Rules, 2017, the applicant must file a counterstatement in response to the opposition filed.

    In the counterstatement, the applicant addresses and replies in detail to all the objections and contentions raised by the opponent. This reply must be filed, and a copy of the counter must be served to the opponent within the prescribed time limit.

    However, filing a counterstatement does not conclude the matter. There are further steps involved in the opposition proceedings. Once the applicant files the counterstatement, the opponent must submit a reply to the counterstatement, as per Rule 45 of the Trade Marks Rules, 2017. This stage is referred to as the “Evidence in Support of Opposition.”

    In this article, we will briefly discuss “Evidence in Support of Opposition” as provided under Rule 45 of the Trade Marks Rules, 2017. This includes an overview of the time limits for filing and serving the evidence, the contents that must be included, and the documents required to be submitted with the evidence in support of the opposition.

    RULE 45 OF THE TRADE MARKS RULES, 2017

    This rule provides that the opponent has two options. The opponent may either submit (adduce) evidence in support of the opposition or inform in writing that they do not wish to file any evidence and instead choose to rely solely on the statements and facts already mentioned in the notice of opposition. The rule states:

    • “Evidence in support of opposition.— (1) Within two months from service of a copy of the counterstatement, the opponent shall either leave with the Registrar, such evidence by way of affidavit as he may desire to adduce in support of his opposition or shall intimate to the Registrar and to the applicant in writing that he does not desire to adduce evidence in support of his opposition but intends to rely on the facts stated in the notice of opposition. He shall deliver to the applicant copies of any evidence, including exhibits, if any, that he leaves with the Registrar under this sub-rule and intimate the Registrar in writing of such delivery.
    • If an opponent takes no action under sub-rule (1) within the time mentioned therein, he shall be deemed to have abandoned his opposition.”

    PRESCRIBED TIME PERIOD

    Under Rule 45 of the Trade Marks Rules, 2017, the opponent is required to file evidence in support of opposition within two months from the date of receiving the counterstatement and serve the same to the applicant.

    If the opponent fails to submit the evidence or to communicate in writing that they do not wish to file any evidence within the prescribed time period, the opposition shall be deemed to have been abandoned.

    To avoid such lapses, TMWala’s trademark experts can help you monitor timelines, prepare the necessary affidavits, and ensure your documents are filed and served properly before the deadline.

    CONTENTS OF EVIDENCE IN SUPPORT OF OPPOSITION

    • The Evidence in Support of Opposition should contain a detailed response to each argument and contention raised by the applicant in the counterstatement.
    • This evidence should comprise all documents, materials, or records that the opponent relies upon to strengthen their case, including anything that supports the distinctiveness or prior use of their mark, or that may weaken the applicant’s position.
    • All such supporting documents and materials submitted by the opponent are attached as annexures to the affidavit filed as evidence in support of the opposition.

    DOCUMENTS TO BE SUBMITTED WITH EVIDENCE IN SUPPORT OF OPPOSITION

    The following types of documents are generally submitted along with the Evidence in Support of Opposition:

    • Documents related to the firm or company, such as MSME registration, GST certificate, or any other document establishing the legal status and identity of the opponent.
    • Documents related to the opponent’s trademark and copyright, including registration certificates, trademark applications, renewal certificates, or any other record proving ownership or prior use of the mark.
    • Any other supporting documents that strengthen the opposition, such as advertisements, invoices, promotional materials, sales figures, or correspondence showing the mark’s use and reputation in the market.

    THINGS TO KEEP IN MIND

    While drafting and compiling the Evidence in Support of Opposition, the following points should be carefully observed:

    • Ensure proper verification the affidavit must include para-wise verification, along with the date and place of verification, and must be duly signed by the opponent or an authorized representative.
    • Respond to every argument made in the counterstatement, ensuring that no contention raised by the applicant remains unaddressed.
    • Keep the content clear, direct, and concise. Avoid including unnecessary or irrelevant details.
    • Provide adequate supporting evidence, submit as many relevant documents as possible to substantiate your claims, and strengthen your arguments.
    • Maintain clarity and organization; all attached exhibits should be legible, properly numbered, organized, and directly relevant to the case.

    CONCLUSION

    The stage of Evidence in Support of Opposition plays a crucial role in the trademark opposition proceedings. It provides the opponent an opportunity to substantiate their claims with documentary proof and to counter the applicant’s contentions effectively. Properly prepared evidence, supported by relevant documents and a well-structured affidavit, can significantly strengthen the opponent’s position before the Registrar.

    It is important to adhere strictly to the procedural requirements and timelines under Rule 45 of the Trade Marks Rules, 2017, as failure to do so may lead to the opposition being deemed abandoned. Therefore, careful drafting, proper verification, and submission of comprehensive and well-organized evidence are essential to ensure that the opposition is effectively presented and considered by the Registry.

    If you need professional assistance in drafting affidavits, preparing evidence, or managing opposition timelines, TMWala can guide you through the entire process, ensuring accuracy, compliance, and a strong legal presentation of your opposition.

    FAQs

    1. What is the Evidence in support of opposition?
      It is the Opponent’s reply to the counterstatement, with affidavits and supporting documents.
    2. What is the Time limit for opposition?
      2 months from the date of service of the counterstatement.
    3. What documents are needed for opposition?
      Company/firm records, trademark certificates, promotional materials, invoices, sales records, etc.
    4. What if evidence in support of the opposition is not filed on time?
      Opposition shall be deemed to have abandoned.
    5. How can TMWala help?
      TMWala assists in drafting, organizing, and filing evidence to strengthen your opposition.

  • How to Calculate the Total Cost of Trademark Registration in India: Factors to Consider

    Trademark registration in India is a mandatory process for gaining exclusive rights over a symbol, logo, or brand name in order to safeguard it against unauthorized use. Whether you are an individual business owner, a startup, or a business organization, learning the process for trademark registration in India is important to protect your brand identity. The trademark registration process includes various steps from completing a search of trademarks and submission of the application to examination, publication, opposition (if any), and ultimate registration.

    One of the most popular concerns with applicants is the trademark registration cost in India, including Government fees for trademark registration and other trademark registration expenses like professional or legal fees. Trademark filing fees and Trademark application fees in India differ based on parameters such as the type of applicant (individual/startup/company), the number of classes chosen, and the method of filing (online or physical).

    The following article presents a step-by-step description of the trademark registration procedure in India, a segmentation of the fee structure at every level, and an illustrative cost example so that businesses and individuals know how to plan accordingly. Filing your first mark or dealing with renewals, this is a guide that will assist you through each stage of the financial and procedural requirements.

    TMWALA can help you understand the process and let you be informed regarding the cost and other required things at each step.

    STEPS FOR TRADEMARK REGISTRATION IN INDIA

    Trademark Registration Cost in India can be calculated as the total cost of each step of registration. Let’s discuss the professional fee at each step with the government fees in India.

    1. TRADEMARK SEARCH

    It’s advisable to conduct or perform a trademark search before starting the registration process to make sure the desired mark isn’t already registered or pending registration. This step helps avoid potential conflicts and objections later.

    Cost: No official fee.  Nevertheless, fees may be incurred if you hire a professional or a lawyer for this service. That can be anywhere between ₹500 to ₹2,000.

    Having the right search is essential to avoid future disputes. Contact TMWALA to get your trademark search report.

    2. FILING THE TRADEMARK APPLICATION (FORM TM-A)

    The application can be filed in person,i.e., physically or online. Trademark application fees in India are based on the type of business, whether it is Individuals, Startups, or Small Enterprises:

    • Online Filing: ₹4,500 per class
    • Physical Filing: ₹5,000 per class

    Others (e.g., Companies, LLPs):

    • Online Filing: ₹9,000 per class
    • Physical Filing: ₹10,000 per class

    Filing in multiple classes requires payment for each class separately. The professional fee can vary between ₹2,000 to ₹ 10,000 per class.

    3. EXAMINATION OF THE APPLICATION

    Upon filing, the application is reviewed to ensure that it complies with the legal requirements and does not conflict with any already existing trademarks.

    Cost: No official fee. However, if the examiner objects, you might need legal help or legal assistance to respond.

    4. REPLY TO EXAMINATION REPORT

    If there are objections, the applicant must reply within the stipulated time frame.

    Cost: No official fee. Legal fees may apply if professional assistance is sought, which would cost extra. That can be somewhere between ₹2,000 to ₹ 10,000 per class.

    5. SHOW CAUSE HEARING

    If the response to the examination report isn’t satisfactory, a hearing may be scheduled.

    Cost: No official fee. Engaging an attorney for representation may incur costs. It can potentially start at ₹10,000 but differ as per the case.

    6. PUBLICATION IN THE TRADEMARK JOURNAL

    Third parties can challenge the registration after the trademark is accepted and published in the journal.

    Cost: No official fee for publication. However, if an opposition is filed, additional costs may arise.

    7. OPPOSITION PROCEEDINGS

    If a third party opposes the trademark, the applicant must defend their application.

    Cost:

    Legal representation during opposition proceedings will incur additional fees. The professional fee can range from ₹ 10,000 to ₹50,000, depending on the case.

    Filling an opposition or counter statement is an expert’s work, and TMWALA does that for you. Contact us to know the details.

    8. REGISTRATION AND CERTIFICATE ISSUANCE

    The trademark proceeds to registration if there is no opposition filed or if the opposition is decided in the applicant’s favor.

    Cost: No official fee for issuance of the registration certificate.

    9. RENEWAL OF A TRADEMARK

    After the date of registration, trademarks are valid for ten years, after which they can be renewed indefinitely.

    Cost:

    • Online Renewal (Form TM-R): ₹9,000 per class
    • Physical Renewal (Form TM-R): ₹10,000 per class

    professional fee for representation can range from ₹5,000 to ₹20,000 or more, depending on the case.

    Late renewal (within six months after expiry) attracts an additional fee of ₹4,500 per class.

    10. OTHER MISCELLANEOUS FEES

    Various other actions related to trademark registration have associated fees:

    Sr No.ActionFormFee (₹)
    1.Assignment of trademarkTM-P₹10,000 per mark
    2.Rectification requestTM-O₹3,000 per class
    3.Certified copy requestTM-C₹1,000 per document
    4.Inspection of documentTM-M₹1,000 per document
    Sr No.ActionFormFee (₹)Remarks
    1.Application Filing (Individual/Startup/SME)TM-A4,500 (Online) / 5,000 (Physical) per classApplicable per class
    2.Application Filing (Others)TM-A9,000 (Online) / 10,000 (Physical) per classApplicable per class
    3.Notice of OppositionTM-O2,700 per classFiled by third parties
    4.Counter-Statement to OppositionTM-O2,700 per classFiled by applicant
    5.Renewal (Online)TM-R9,000 per classEvery 10 years
    6.Renewal (Physical)TM-R10,000 per classEvery 10 years
    7.Late Renewal SurchargeTM-R4,500 per classWithin 6 months post expiry
    8.Assignment of TrademarkTM-P10,000 per trademarkTransfer of ownership
    9.Certified Copy RequestTM-C1,000 per documentFor official purposes
    10.Rectification ApplicationTM-O3,000 per classCorrection or cancellation of registration

    EXAMPLE: TOTAL COST OF TRADEMARK REGISTRATION WITH RENEWAL

    Shreya, an individual entrepreneur, wants to register her fashion brand in 2 classes, does online filing, receives an objection, files a response, gets published, faces no opposition, and then renews her mark after 10 years. Let’s see her trademark registration expenses.

    Consolidated fee structure:

    Sr No.StageCost (₹)
    1.TM Search (Self)0
    2.TM-A Filing (Individual, 2 classes)₹9,000
    3.Objection Handling (Professional)₹5,000
    4.Show Cause Hearing (Professional)₹6,000
    5.Publication & Registration0
    6.Renewal after 10 years (Online)₹18,000
    7.Total₹38,000

    CONCLUSION

    It is vital for any enterprise or individual wanting to register their brand identity lawfully to know about the trademark registration process in India. From the initial step of trademark search to renewal after ten years, every step needs well-thought-out planning and knowledge of the procedural as well as financial matters.

    Among the most critical factors is the trademark registration cost in India, which not only covers government fees for trademark registration but also professional fees that can be applicable at different stages. The trademark registration process in India includes several stages, like filing, examination, potential objections, publishing, and finally, registration. All these phases can have certain trademark registration fees, especially when they include legal professionals.

    The trademark application fees in India and trademark filing fees in India differ depending on the status of the applicant (individual, startup, or company), the number of classes for which protection is being applied for, and whether submission is online or physical. Applicants may also want to plan for possible opposition, hearing, and renewal costs, particularly in case protection under multiple product or service categories is desired.

    By being well aware of the entire process and the cost framework, companies and individuals can take more reliable and strategic decisions about trademark protection. Effective budgeting and timely action can make registration effortless and provide longer-term legal protection for the brand.

    Author: Suhani Sharma

    TMWALA can assist through the entire process from filling trademark application to filling renewal, our team of experts got it all. Contact us to get your trademark registered.

  • TRADEMARK REGISTRATION PROCESS AND FEE

    INTRODUCTION

    You must first register your trademark if you wish to acquire rights over it. In India, registering a trademark is a crucial first step for any company or individual looking to build and safeguard their brand. One registers their brand under the trademark legislation of 1999, which is overseen by the Office of the Controller General of Patents, Designs, and Trademarks, to safeguard their brand identification. Following registration, the owner of the trademark is granted exclusive rights to the class of goods and services it represents.

    The steps involved in registering a trademark in India, including how to do so, the trademark registration process, the trademark registration timeline, and the trademark filing fees, will all be covered in this article.

    TMWALA ensures compliance with each step, which makes from trademark registration journey smooth.

    TRADEMARK

    One form of intellectual property that distinguishes one brand’s goods and services from those of other brands is a trademark. A trademark might be a single word, phrase, symbol, emblem, or a combination of these. Since the owner of a trademark has the sole right to use it, they may complain if someone else tries to use it for their products or services. A trademark identifies the owner of a particular good or service.

    Trademark as defined under section 2(1)(zb) is “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours;”

    HOW TO REGISTER A TRADEMARK IN INDIA?

    The first step is to determine whether the mark you are attempting to acquire for your company is available. To accomplish this, you should conduct a trademark search, which varies depending on your jurisdiction. You may also look for the mark’s availability abroad. You can then continue with the registration process if the mark is available.

    Either in person at the trademark registry office or online at IP India’s official website, the trademark application must be filed in FORM TM-A. Depending on the nature of the business, the application may be submitted for a single class or multiple classes.

    TRADEMARK REGISTRATION PROCESS

    Trademark Registration Process in India includes the following steps

    1. Trademark Search Report: To make sure the mark is distinctive and unique, one must conduct a trademark search before applying. Because it helps to prevent future legal conflicts, this step is crucial. It saves time, money, and effort. One can do the trademark search on the IP India website: https://ipindiaservices.gov.in
    2. Filing of Trademark Application: The trademark application is filed on the official IP India website, together with the necessary paperwork. The applicant can begin utilizing the ™ symbol with the brand name or logo after applying. You have the option of filing offline or online.
    3. Vienna Codification: The Registrar of Trademarks uses the Vienna Classification to assign a trademark to a different classification if it contains any figurative marks.
    4. Formalities Chk Pass: At this point, a formality check is performed on the application and the supporting documentation. A Formality Check Report is generated in the event that any procedural flaws are discovered. Within a month, the applicant has to make the necessary corrections.
    5. Trademark Examination: The application is examined by a trademark officer to see whether it is in compliance or if it matches any previously registered marks. If it does, the officer provides a trademark examination report that includes the objections discovered during the examination. Aspects including distinctiveness, descriptiveness, and similarity to previous trademarks are evaluated throughout the assessment. The officer will object and identify competing trademarks in the same class if the mark violates Sections 9 or 11 of the Trade Marks Act, 1999.
    6. Reply to Examination Report: After obtaining the Examination Report, the applicant or their representative has one month to address any objections. The application may be abandoned if no response is received. The application moves forward to approval if the register is satisfied with the response and all legal requirements are met.
    7. Show Cause Hearing: A hearing is set if the response is not sufficient. The application may be accepted conditionally or rejected by the examiner. The candidate has one month to meet the requirements if they are accepted conditionally. Publication of the trademark occurs only after compliance. The applicant is entitled to appeal if their request is denied.
    8. Journal Publication: Following acceptance, the trademark is published for four months in the Trademark Journal. Third parties may object to the application during this period.
    9. Withdrawal of Acceptance: After providing the applicant a chance to be heard, the Registrar may decide not to accept a trademark application under Section 19 of the Trade Marks Act, 1999. Usually, this takes place prior to the registration being finalized.
    10. Opposition: Anybody may contest the trademark within four months after its publication, per Section 21 of the Trade Marks Act, 1999. Typical reasons for protest include:
      • Similarity or identity with an earlier or existing registered trademark.
      • Lack of distinctive character.
      • Descriptive nature of the mark.
      • Application made in bad faith.
      • Use of customary terms in current language or trade practices.
      • Likelihood of public deception or confusion.
      • Conflict with existing laws.
      • Prohibition under the Emblems and Names (Prevention of Improper Use) Act, 1950.
      • Content is likely to offend the religious sentiments of any class or section of people.
    11. Counterstatement and Evidence Stages: The applicant is required to submit a counterstatement after being served with a notice of objection. This is succeeded by:
      • Evidence in support of opposition under Rule 45(1).
      • Evidence in support of application under Rule 46(1).
      • Further evidence in reply by the opponent under Rule 47.
      • Additional evidence under Rule 48 of the Trade Marks Rules, 2017.
    12. Hearing with Third Party (if applicable): Following the filing of all supporting documentation, the Trademark Registry Officer holds a hearing to determine whether or not the opposition can be maintained.
    13. Trademark Registration: A Trademark Registration Certificate is granted if there is no resistance or if all oppositions are settled in the applicant’s favor. After that, the applicant may combine their trademark with the ® symbol.
    14. Renewal :The ten-year validity of a registered trademark can be extended as many times as the registered proprietor desires. Non-use for more than five years, failure to renew, mark modifications, addition of goods or services, inconsistencies with Sections 9 and 11 of the Trade Marks Act, 1999, omissions, fraudulent registration, or market confusion are all grounds for rectification.

    TRADEMARK REGISTRATION TIMELINE

    The Trademark registration timeline starts with a trademark search:

    • Trademark Search: 1–2 Days
    • Filing of Trademark Application: 1–3 Days
    • Vienna Codification: 3–5 Days
    • Formalities Check: 7–15 Days
    • Trademark Examination: 1–3 Months
    • Reply to Examination Report: Within 1 Month
    • Show Cause Hearing(if required): 1–2 Months
    • Journal Publication: 4 Months
    • Withdrawal of Acceptance(if applicable): Before registration
    • Opposition: Within 4 Months
    • Counterstatement and Evidence Stages: 6–9 Months
    • Hearing with Third Party(if applicable): 1–2 Months after the evidence stage
    • Trademark Registration: 1–2 Months after opposition resolution
    • Renewal: Every 10 Years

    Overall Timeline

    • Without Opposition: 12–18 months
    • With Opposition: 24–30 months

    TRADEMARK FILING FEES

    The trademark filing fees in India can differ based on the applicant type and the filing method. For individuals, startups, and small businesses, the fee is rupee 4,500 per class for online filing,i.e., E-filing, and rupee 5,000 per class for physical filing. For other entities, such as companies, LLPs, and partnership firms, the fee is ₹9,000 per class for online filing and ₹10,000 per class for physical filing.

    You can get the best trademark filing deal with TMWALA.

    CONCLUSION

    In India, trademark registration is essential for having exclusive rights over your applied trademark. The Trademark registration process in India includes several steps from conducting a trademark search to trademark renewal.

    The Trademark registration timeline typically takes 12 to 18 months to complete without opposition, and with opposition, it may take up to 30 months.

    The trademark filing fee depends on the applicant type and the filing method. For online filing, it can be 4,500 rupees or 9,000 rupees, and for offline filing, it can be 5,000 rupees or 10,000 rupees. Differ based on business type, whether a single firm or LLP, or a Partnership firm.

    TMWALA can make this complicated journey easy for you by dealing with all the compliance checks and offering you the best advice at each stage.

  • The Ultimate Guide to Trademark Registration in India: Step-By-Step Process and Tips

    The Ultimate Guide to Trademark Registration in India: Step-By-Step Process and Tips

    Introduction

    Think of trademark as your brand’s unique footprint which distinguishes your brand from the others in the market. The term trademark has been derived from the words ‘Trade’ meaning business activities & ‘Mark’ meaning any sign or symbol. Let’s dive in to get more about trademark and trademark registration.

    Thus, a trademark is any symbols, words, phrases etc., used in relation of trade or business which distinguishes the goods and services of one person from the other. Example: The Nike Swoosh & the Apple logo. Trademarks are instrumental in ensuring business’ success as it helps customer identify your goods and services in the pool of goods and services present in the market. It protects brand’s unique identity & reputation and helps build trust and loyalty amongst customers. Trademarks are an indispensable tool to ensure business success.

    What is a Trademark?

    Trademarks are Distinctive Source Identifiers i.e., these are symbols, words, phrases etc. which make your business unique and help customers identify the goods and services manufactured, sold or rendered by you. Basically, any indication that helps customers differentiate between the goods and services of two sellers in the market can be termed as a trademark.

    Let’s now understand, what all can be registered as a trademark:

    1. Word/Names: Calvin Klein, Google
    2. Logo: Nike Swoosh, Apple Logo
    3. Symbol: Starbucks Logo, McDonalds Logo
    4. Slogan: Amul-The Taste of India, L’Oréal Paris-Because You’re Worth It 
    5. Mascot: The Amul Girl
    6. Colours: Tiffany Blue
    7. Shape of Goods: Coke Contour Bottle, Toblerone Chocolate

    Fun Fact: even smell, sound, taste, feel, personality etc., can come under the purview of trademarks.

    What are the essentials features of a Trademark?

    For anything to qualify as a trademark, it must meet the following essential criteria:

    1. Uniqueness: A trademark must be novel, unique and should not resemble an existing trademark.
    • Distinctiveness: A trademark should not be generic and shall be capable of distinguishing the goods and services of one person from another
    • Non-Descriptive: A mark which only describes the kind, quality, intended purpose, values, geographical location or time or origin, cannot qualify as a trademark. Example: A trademark ‘Fresh n Juicy’ for fruit juices is descriptive of its quality, thus cannot qualify as a trademark.
    • Use in Commerce: It is essential for a mark to be used in relation of trade/business/commerce, to qualify as a trademark.

    Apart from the aforesaid, a trademark should not hurt the religious sentiments of the public, should not cause public confusion or deception & shall not contain any scandalous or obscene matter.

    Benefits of a Trademark?

    Trademarks offer a host of benefits to brand owners including:

    1. Brand Recognition: Trademarks help customers recognise the your brand in the pool of brands in the market.
    • Legal Protection: Trademark registration protects brand owners from unauthorised use and infringement of their trademark.
    • Asset Value: Registered trademarks, although intangible, are a significant asset to a business, both literally and figuratively. Trademarks are entered on the asset side of the balance sheet and rightfully so. With passage of time, even investors are more inclined towards investing in businesses with strong IPR Portfolio which includes trademarks. Alike other assets, the value of trademarks also appreciate overtime.
    • Consumer Trust and Loyalty: Consistently providing quality items to customers ensure customer trust and loyalty. Thus, often enough, trademarks start to be identified for their quality which leads to trust building.
    • Exclusivity: Trademark grants the brand owner, rights to the exclusive use of the mark. It also entitles brand owners with the exclusive rights over all the economic benefits arising from its trademarks.

    Pre-Registration Steps:

    Trademark registrations are crucial for business success, but, before proceeding with filing of trademark application or adoption of a trademark, one must, without exception, follow the following steps to ensure a smooth and conflict free trademark registration process

    • Conducting a Trademark Search: It is crucial to conduct a thorough search of the records of the Trademark Register before adoption/filing of a trademark to avoid any potential conflict or litigation. This process will ensure that your mark is completely unique and there no one who is already the owner of a trademark identical or similar

    You can perform a trademark search on the official website of the Intellectual Property India (IPI) or hire TMwala to conduct a comprehensive trademark search for you. For Example: If you plan on adopting the trademark “Happy Cakes”, the trademark search might reveal that the same name “Happy Bakes” is already registered by another party, indicating a potential conflict.

    • Choosing the Right Trademark Class: Trademark classes are set of clusters in which goods and services of similar nature are grouped. This is done to simplify registration process. India follows the Nice Classification of goods and services established by the Nice Agreement, which is used internationally. There are 45 trademark classes in India which are divided into two main categories: Classes 1 to 34 cover goods, and Classes 35 to 45 cover services. You may search for the appropriate class of the goods covered by your trademark by conducting a search on Tmwala’s website. Example: Footwear falls in class 5, Restaurant Services fall under class 43 etc.
    • Collection of Necessary Documents: If your trademark is already in use prior to filing of the trademark application, all such documents substantiating the use of the mark along with user affidavit have to be collected. Example: collection of sale bills, government registrations and licenses, advertisements, financial statements etc.

    Step-by-Step Process of Trademark Registration in India

    • Filing the Trademark Application: Once all the Pre-Registration steps are completed, trademark application is filed on IPIndia’s website. The trademark application is filed on Form TM-A and requires providing of information relating to the trademark and its proprietor. The application can be filed either online or offline.
    • Formalities Check: After the foregoing steps are completed, trademarks are then proceeded for Formality check wherein the trademark application along with the accompanying documents undergo a thorough screening process. If any procedural discrepancy is found, a formality check report is issued which ought to be complied with, within one month from the date of issuance, by removing the raised discrepancies.
    • Trademark Examination: The next step is trademark examination where a Trademark Officer reviews the trademark application for its correctness and issues a trademark examination report in case your trademark has issues such as lack of distinctiveness, descriptiveness, and similarity to prior trademarks. To be eligible for registration, the trademark must be distinctive, non-descriptive, and free of similarity to existing trademarks. If the application violates Section 9 or 11 of the Trademark Act, 1999, the Trademark Officer issues an Examination Report with objections and lists similar brands within the same class. At this stage, the status of the mark is ‘Objected’.
    • Reply to Examination Report: Within one month from receiving the Examination Report, a reply to the same must be filed. Failure to respond within this timeframe may result in the abandonment of the application. If the trademark office finds the reply satisfactory, the mark is accepted and advertised in the trademark Journal. If not, the trademark is proceeded for Show-Cause Hearing.
    • Journal Publication: If the application is accepted and advertised, the proposed mark is published in the trademark journal for a 4-month period. During this time, the anyone can oppose the trademark application. If no opposition is received within the specified period, the trademark is deemed registered.
    • Opposition: According to Section 21 of the Trademarks Act, 1999, any person, within 4 months from the date of advertisement, may file an opposition against the registration of trademark. Common grounds for opposition include:
      • The trademark is similar or identical to an earlier or existing registered trademark.
      • The trademark is devoid of distinctive character.
      • The trademark is descriptive.
      • The trademark registration application is made with bad faith.
      • The trademark is customary in the current language and or in the established practices of a business.
      • The trademark is likely to deceive the public or cause confusion.
      • The trademark is contrary to the law or prevented by law.
      • The trademark is prohibited under the Emblem and Names Act, 1950.
      • The trademark contains matters that are likely to hurt any class or section of people’s religious feelings etc.

    • Counterstatement and Stages of Evidence: Following the notice of opposition, the next stage involves filing a counterstatement and presenting Evidence in support of Opposition under Rule 45(1), Evidence in Support of Application under rule 46(1), Further Evidence in Reply by the Opponent under Rule 47 along with any additional Evidence under rule 48 of the TM Rules, 2017.
    • Hearing with Third-Party: After completing all evidence stages, a hearing is scheduled with the Trademark Hearing Officer to decide the fate of the opposition proceedings. Either the opposition is quashed and trademark proceeds for registration, or the opposition is allowed and trademark is refused registration.
    • Trademark Registration: If there are no oppositions or if any oppositions are set aside, the Trademark Registration Certificate is issued, and the symbol ® can be used alongside the logo or brand name. Further, trademark registration also gives the owner, the right to institute suit for infringement.
    • Renewal: Trademarks are initially valid for 10 years from the date of filing of the trademark application. After this period, they can be renewed for another 10 years indefinitely. 

    In conclusion, following the above process ensures statutory protection for the trademark. While it’s not mandatory, it is highly recommended to consult with a trademark attorney or agent who can guide you through the process, conduct searches, and ensure your application is in compliance with the law. 

    FAQs:

    How long does it generally take to get your trademark registered in India?

    A trademark generally takes anywhere between 9-12 months for a trademark to receive registration in India. However, this time frame is only applicable in conditions where no objections or third party oppositions are issued against the applied mark.

    Who can apply for a trademark registration? 

    Any individual person, Partnership, Company, HUF or Corporation is eligible to file for a trademark registration in India.

    What is the difference between TM & ® symbol?

    The TM symbol is used to indicate a trademark claim. It is generally used in cases where a trademark has been applied for registration, but the registration is in process. It is important to remember that TM symbol is not an indication of trademark registration. Whereas the ® symbol is used to denote a registered trademark.

    What if someone uses the ® symbol without valid trademark registration?

    Unauthorised use of the ® symbol is illegal and use of the same without a valid registration could lead to legal problems and fines.

    What is infringement?

    When someone uses your registered trademark without your permission, it is called infringement. In case someone infringes your mark, you can take legal action and file a suit for infringement against them in court.

    Can I file a suit for infringement if my trademark is not registered?

    No, suit for infringement cannot be filed is someone uses your unregistered trademark without permission. However, in such case, a suit for passing off may be instituted.

    What is the validity of trademark registration in India?

    A trademark is valid for a period of 10 years from the date of registration, however, you may keep on renewing the same for the another 10 years indefinitely.

    Does trademark registration in India guarantee international protection?

    No, trademark registration only ensures protection in the particular jurisdiction only. A trademark registration in India only grants rights within the geographical territory of India. Trademark registration for each country has to be obtained individually.

    Can I register a domain name as a trademark?

    Yes, domain names can be registered as trademarks so long as they qualify the essential elements of trademark.

    What are the types of trademarks that can be registered in India?

    Any names, logos, word, artwork, mascot, slogan, symbol, shapes, smells, sounds, taste, touch etc., can be registered as trademarks in India if they possess the essential features of a trademark i.e., distinctiveness, uniqueness, source identification and use in trade.

    Wish to learn more about trademark registration? Click the link to learn more: https://legalguruindia.com/trademark-registration/

    Link to the official website of the Trade Marks Registry: https://www.ipindia.gov.in