Registration of a trademark is one of the quick and significant decisions every business owner/ start-up must take. Many businesses continue to operate for years without registering their brand and then later face issues such as Infringement, Piracy, Unauthorised Use and loss of exclusive rights. So if you are planning to setting up business, launching start up or are already an existing venture that has no idea about how important the registration of a brand is, here are the essential points you must know about filing trademark application in India.

To explore the understanding of trademark filing and the key points involved, check out the article below.

1. Choose a brand name which is unique

Choosing a brand name is a very crucial step in building brand. Now in this case, you should play effectively by selecting the brand name that is invented, unique and distinctive. Any generic or commonly used words are hard to get protected, and therefore the general or common terminologies you have chosen as a brand name may encounter objections at a later stage.

The unique and strong trademarks are quick to remember, and this will effectively convey the brand’s identity to the public at large. Additionally, descriptive terms should be avoided when choosing a brand name, as they will instantly explain the product and services rather than the brand. As a result, deciding the descriptive terms as a trade name is a common mistake made by an individual.

Hence, the core focus while choosing a trade name should be on uniqueness and distinctiveness because a well-chosen mark strengthens your position in the market as well as assists in smooth legal protection.

2. Conduct a Prior trademark search

Before you apply for a trademark, it is highly advised to perform a comprehensive trademark search, as this will surely assist you to choose the ideal trademark and guarantee that the brand name, logo, or slogan you are willing to register does not conflict with any other existing registered or pending trademarks.

This option is not mandatory but at the same time strongly recommended, as one prior search will save you from the risk of legal disputes that may arise in the future. Now the question may arise, how is this public search done? You may either hire the Trademark Attorney to get full-fledged assistance or visit the website of intellectual property and can perform an independent-search for your brand on Public Search.

 3. The eligibility criteria

Any person irrespective of nationality is eligible to file trademark application in India; hence, the following persons and entities are eligible to apply:

• Individual
• Joint Owners
• Proprietorship Firm
• Partnership Firm / LLP
• Business Entity
• Company
• Legal Entity or Organization
• Foreign Applicants
• Any Other Person Claiming Proprietorship

4. Initiate the formal procedure by filing form of trademark application

Filing of a trademark application is a formal process that can be initiated as soon as you have finalized the name or logo. Every Applicant may apply for registration of its trademark in the application form TM-A at any time, provided such application must be made in writing.

Further, the trademark application can be filed online or physically by submitting the prescribed fees.

5. Don’t stress out if your applied trademark gets objection

Once the trademark application is filed, it is processed further for the examination by the Trademark Office under the provisions of Trade Marks, Act, 1999.  During examination, the Registrar may raise objections to your trademark application, which can be concerning. Since even a unique proposed trade name receives objection on the basis of mild similarity or any non-distinctive features, in such cases, a strong reply must be filed to overcome the objections. Nonetheless, any delay or failure to respond to the Trademark Registry’s objections may weaken the application and can result in loss of brand name.

Now, as soon as the trademark passes the examination phase and accepted by the Trademarks Office, it is published in the Trademark Journal, allowing third parties an opportunity to oppose the registration within the prescribed period.

6. Maintain and Monitor your Trademark

In order to keep the brand registered, appropriate maintenance and monitoring of the trademark becomes an obligation. The Registered Proprietor must maintain and use the trademark actively in the marketplace. In India, a registered trademark is valid for 10 years from the date of application, and can be further renewed every 10 years. If an Applicant fails to use or renew the registered trademark for continuous years, it can become a ground of removal from the record of the Trademark Registry. Accordingly, any person may request the removal of registered trademark if it has not been used for a continuous period of 5 years and 3 months. Additionally, it is essential to keep an eye on your trademark to avoid unauthorised use or infringement once it has been registered. Hence, it is crucial to monitor your trademark to prevent any kind of infringement.

Disclaimer: This above article is for informational purposes only and should not be construed as legal or professional advice. It is advised to consult with experts before taking any action regarding trademark registration.