The application for trademark registration in India is followed under Section 18 of the Trade Marks Act, 1999. Any person who is the proprietor of the trademark used or proposed to be used may apply in the prescribed manner to the Registrar of the Trade Marks Registry, India. The application should be filed under their specific classes. A single application may be made for different classes of goods or services and fees should be paid separately for each class.
The name, business, principal place of business, etc., is mentioned in the first half of the application. After this, the Class of the goods or services is mentioned as per the Nice Classification. In the following part, a detailed written description of the trademark is entered.
The applicant must be eligible to file a trademark registration application. An applicant is eligible if he is the owner of the trademark and can prove his ownership. Ownership of a trademark is proven by stating that the trademark has been used for a good amount of time. Thus, the people associate the goods or services of the applicant with his trademark.
Application filing procedure
The application should be filed at the Trade Marks Registry office. The Place of business of the applicant must be under the territorial limits of the office of the registry. If there are joint applicants, the name of the applicant whose name is mentioned first in the application is given. For this, the joint applicants must have a place of business in India. In the case that the applicant or the joint applicant does not carry on business in India, the application should mention the place for service in India and must be filed at the Trade Marks Registry office within whose territorial limits that place is situated.
Who can file an application for trademark registration in India?
A trademark application can be filed by:
· The owner of a trademark.
· The attorney of the owner.
· Persons who have the authority to become owners. For example – Licensee, Assignee or any other agent.
The applicant must attach an annexure with the trademark application. An annexure is the graphical representation of the trademark. An application for trademark registration in India can be filed at the head office or any of the 4 registered offices. Yet, most applications are filed digitally.
How much does it cost to register a trademark in India?
The applicable fee for trademark registration in India is Rs. 9,000 per class for a company in a single application. In the case of an individual, the fee for trademark registration is Rs. 4,500 per class and application.
Term of trademark registration in India
Trademark registration in India lasts for a term of 10 years from the filing date. Thereafter, a renewal application can be filed within 1 year before the expiry or within 1 year after the expiry of the registered trademark. A trademark can be renewed an unlimited number of times, lasting for a period of 10 years each.