Hello everyone, today I am going to tell you procedure of making trademark application in India. After this you will be able to understand the entire procedure very easily. And after reading this article you will be able to file application for trademark registration at your own for sure.
If you want to get trademark registration then you must know some basic before starting out:
Trademark registration is given to logo, brand, punch line, sound marks etc. that are used in trade and business. The purpose of taking trademark registration is protect your brand name or logo or punch line or sound mark or combination of any of these from unauthorised use by anyone else without your permission. In spite of this protection, it is not necessary for you to take trademark registration, but if you take, it gives you documentary proof of usage of trademark. And yes, trademark registration does not give you absolute rights. Suppose you have taken trademark registration of “ABMS” but someone who has not taken trademark registration but he has used it before the time you used it first and he has documentary proof of this, he even in this condition can stop you from using his trademark. Therefore, it is always advisable to do thorough trademark search so that probability of objection can be minimized to great extent.
If you want to hire experts to carry out trademark search or to file TM application, call us at +91-8540099000, +91-8540085000, +91-8540078000.
You must also know that brand registration, trademark registration, logo registration all mean same but people call them as different things. Apart from this, there are some other types of Intellectual property rights also like copyright registration (for literature, musical and dramatic works), patent registration (given for protection of inventions) etc.
Now after knowing some basic, now let know how to make trademark application:
- At very first, you will have to buy CLASS 3 Digital Signature. After that you will have to register yourself on https://ipindiaonline.gov.in/trademarkefiling/user/HowToRegister.aspx as proprietor (if you want to file TM for yourself), or as attorney (if you are advocate or company secretary in practice).
- After registration, you will have to register your class 3 digital signature and will have to create login id and password.
- Once your login ID and Password are created, you can login into https://ipindiaonline.gov.in/trademarkefiling/user/frmLogin.aspx but before logging in to file TM application you should keep required documents in pdf format and digital signature handy so that you could file application without disturbance.
- Select File Tm-1 to make new TM Application
2. Select Class under which, you want to get trademark registration of your brand
3. After writing class code, click on submit button
4. Close the pop up window
5. Edit the application that you have the created just now (Click Edit Button)
6. Fill details in the form, if you want to register your logo or sound mark choose “trademark type” as “device”. If you are going to use the logo, brand in future then click “proposed to be used” check box or otherwise mentioned the date, from which you are using this logo or brand.
7. Click Proprietor button to enter details of owner of trademark
8. Click on “select or add new proprietor button”
9. Click on Search proprietor button if owner of trademark is not registered on tm portal. If the owner has filed file tm earlier also then simply enter his proprietor code in box and select “add proprietor” button to add him.
10. Write his name in box and then select submit button
11. Click “add new” button
12. Fill details of owner in the form then click submit button
13. Click exit button to go to main application window
14. Click “Attach Document Button” to attach power of attorney (TM-48 signed by proprietor or partner or director), Business registration certification, Copy of Pan of Proprietor/Partnership/Company. Be careful to write proprietor code on power of attorney.
If you are filing tm application at your own, you need not to file power of attorney.
15. One by one select type of documents to be upload, browse and upload them
16. Click done button once all documents have been uploaded
17. Click “Digitally sign and submit button” to sign and approve the form
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Trademark Application Process in India (Step by Step Complete Guide)-How to file Trademark Application in India-Trademark Filing Procedure in India