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Monday, 27 July 2020

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How to register Trademark in India? [Traditional offline Method]



You are here on this page so let me assume that you are already aware about the importance of the registered brand or trademark.

I am surprise why no one is writing about such an important topic. Everyone looking for an agent to act on their behalf to gets their brand registered. Is it actually that much hard to get trademark? I don't think so. It's easier if you have a unique and distinctive brand name, logo, sign or tag line.

Trust  me after publishing this article numbers of agent will be got angry on me. But that is not my problem, here I am gone tell you your own rights to register your brand with traditional way or we can call it as an offline filling trademark.

Benefits for filling trademark by our own.


1. Save money.

2. No need to assign power of attorney.

3. You will get knowledge of entire process.

4. Security and safety of your brand is in your hand only.

Who can filled trademark application?

Any Indian residence person which can be registered firm, an individual, a company, a proprietor or a legal entity's owner can apply for trademark.

Documents required to register a trademark.

Following are the needed documents to gets your trademark application filled.

In Case of Sole Proprietorship :

  1. Aadhar Card
  2. Email Id and Phone Number
  3. Logo and Brand Name
  4. Startup Date of Business
  5. Nature of Business
  6. In Case of Pvt Ltd. or Partnership

Incorporation Certificate / Partnership Deed

  1. Aadhar Card of Director’s / Partner’s
  2. Email Id and Phone Number
  3. Logo and Brand Name
  4. Nature of Business
  5. MSME Certificate (If any)
  6. Startup Date of Business.

Word Vs Logo trademark.

A trademark is a unique word(s) or symbol or logo that to be used to represent a business or its products. My personal view is that register your brand with word and once its gets registered then you may go for logo for same brand name. the reason behind is that word trademark gives you broader protection then a single logo. You have word trademarked then you can opt for numbers of logo based on that word mark. Else some one else party will file similar kinds of mark and might they got registered too. We don't want to take any kind of risk so i personally suggest that find unique word that is not registered till date and apply for the same.

Decide your trademark class for your product or services.

If you go to a agent and as for a trademark, they will first ask you what is your product or services as their are 45 classes of trademark and you need to find that which class is belong to your concern.

For example,
If you are dealing with clothing industries, then your trademark class will be number 25. as its covers Clothing, footwear, headgear.


How to find Trademark Class:

Their is number of way through which you can find a trademark class. Following are few recommendations: 
  1. Refer official link : 45 classes of Trademark
  2. Do a research, study your same category rival brands find their trademark class. If product and services are same, you can apply for same class.
  3. I will not recommended this but you can go to agent as just for inquiry purpose and know your class for your product and apply by your own.
  4. Drop your comment below, we will study and let you know your trademark class.

How to search trademark availability in India?

Its about 2 to 3 years back I have created video on how to search trademark availability in India, I am not going to write much on this topic as its already covered on given video. Sound in very low sorry for that. You can use eye-phone or headphone.


Get party code for trademark application:

As we are filling this application by our own, we don't need agent code, we need a party code.

Below is the steps by which you can easily get your party code

E-Filing of Trademarks go on this link and then > select any option (e.g. proprietor )> click on search > search any name > go at the last and click on add new, fill the form and you will get your code.

After submitting form, you will have your own party code. If you want to find your code then after any time, you can search by your name. You will get your party code. Note it down you need to write it on print of TM-A physical copy.

Trademark Application Form TM-A

Now we have a ground ready for apply trademark class.

There are numbers of form for different task. As this article is all about to registering trademark and hence we are just going to see only application part. Formally it was known as Trademark Form TM - 1, But in latest update its renamed as Trademark Application Form TM-A.

Here is the link do download your trademark application:

Download Trademark Application form TM-A. (Its official PDF).  Note: don't forget to add party code above form, it will ease work of the person who work for data entry.' in this form format party code is not added.

For your ease download my .doc format, its ready to use.

Download .doc TM-A.

you can customized it as per your need. my format is as per word mark by proprietor.

Once you download it then fill entire form in MSword or any other software you have, Take a print out and sign it as per your PAN signature.

below is sample image of my own friend's TM-A form applied trademark under class 25. Trademark is made with word "Shirsh".  ignore stamp in the give images as i have downloaded this images after given trademark got registered.


Fee for Trademark Application:

For the application of trademark, you will have to pay in form of Demand Draft (DD) on name of “Registrar of Trademarks”.

Go to your bank and ask for DD, for below given amount. Their  is four office to submit your trademark application which we are going to discuss below, take a decision on which office you are going to submit your application as bank need city information for getting your DD.

Fee of your trademark application: Click here to know official fees

When i am writing this article, for an individual and proprietor right now its Rs.5000/-(Physical Filling).

Where to send your application?

In the cover of your parcel, add your original Demand draft along with Signed application form.

On the top of your cover write, "Application for Registration of Trademark : Form TM-A"
as it will help receptionist to send your application directly to the registration department.

Don't forget to Write "To" and "From", its common i do not need to be that specific.

There are 4 offices where you can file a trademark application, 
  1. Mumbai (H.O)
  2. New delhi
  3. Kolkata
  4. Ahmedabad
Select the nearest one as in case of hiring you need to visit that office. Ohh... you got confused what is hiring, don't worry i will tell you that letter its a part of trademark process.

For complete address you can visit official website: Contact us page of ipindia goverment website.

You may call : Help Desk for Trademarks (Inquiry and Information): 022-24101145/24101147 after all its our own government, don't hesitate to ask your question, Ask complete address to submit your application for above 4 cities.
  
I am sure about Ahmadabad office address:

Registrar of Trademark, Ahmedabad

Boudhik Sampada Bhawan,
Near Chanakyapuri overbridge,
Besides AMC City, Civic Centre,
Ghatlodiya, Chanakyapuri,
Ahmedabad, Gujarat 380061

How much time it will take to get my trademark Registered?

Well as far as time frame is concern its depends on many steps as registering trademark involves a complete process for that first we need to understand what is the process of registering trademark?

Refer below chart..


You can see if no issue raised by examiner of registrar of trademark and no objection raised (by third party) after publishing of trademark in journal, your application trademark will gets registered within 6 to 7 months but if something unexpected steps takes place, you might need to wait for 3 to 4 years.

In hiring and all that matter you can hire a agent or you can do it by your own too.

Conclusion

Once your application reach at registrar of trademark office, you will be provided application details and invoice through email. So make sure you add proper and correct email id in your application form. As per my experience you will receive email within a week. In case of logo registration add logo or print logo in form.

Once your application number is assigned, you can use (™) at last of your brand, and once complete process gets complete then you can use ® sign.

So friends that is all from my side, now its your turn share your query or suggetions below we will happy to help you. And please dont forget to subscribe our email updates and social media pages.

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