The process to register a trademark in India can be a time-consuming task that involves preparing original copies of the trademark, record documents, preparing an affidavit, paying a fee, and submitting the document at the office of the regional director of patent and design. The directorate of patent and design is mandated to clear all applications and issue patent certificates to the applicants within 90 days. There is no limit on the number of applications and the ceiling is Rs 2 lakh for a single application.
A startup can acquire trademark registration in India by following the steps below:
- Decide a trademark: Decide and design a unique trademark for your brand. Make sure that it’s not something that blatantly describes your product or something that’s already registered.
- Conduct a trademark search: Go to the trademark public search portal. Input the trademark (word) and the class (product or service you provide) and press search. If you can see any search result, then it means the trademark is not unique, hence cannot be registered. However, if you don’t see any results, you can move forward with trademark application filing.
- File the trademark application: File the application for trademark registration at the official website of IP India. While you are filing the application, upload the following documents:
- Copy of logo (if your trademark is a logo)
- Udyog Aadhar registration certificate
- Startup Certificate
- Certificate of Incorporation/partnership deed/LLP agreement
- ID proof of the signatory
- Address proof of the signatory
- Monitor the application: Once you have filed the application, you can check up on its progress by logging into your account. Keep a sharp eye on the trademark application status. If there no trademark objections, your trademark will be published in the trademark journal.
- Trademark publication and registration: Once the trademark is in the journal, it will remain there for 4 months. That period of time is given so that the general public can see the trademark. If any of them conceive the trademark to copy/wrongful, they can oppose the trademark registration.
If there is no opposition to a trademark application, you will get your trademark registered.
However, the process of trademark registration is hardly this smooth. You are going to get speed breakers and your application has a high chance (60%) to face trademark objections. Therefore, be ready with the best trademark registration experts to help you.