In today’s market, with the growing importance of intellectual property rights, registration of a trademark for a brand or company is mandatory. The use of the E-filing system for trademarks has established the ease of the registration process, making it more convenient, efficient, and accessible to the applicants.
This blog will explain the procedure for e-filing a trademark application in India, its benefits, and key considerations for making registration easy.
Introduction
A trademark is a unique identifier of a company that differentiates its goods or services from others. It could be a word, symbol, slogan, or a combination of them. Registering a trademark gives exclusive rights and legal protection against infringement. The Trademark Registry under the Controller General of Patents, Designs, and Trademarks offers the facility to register in India.
The traditional paper-based trademark filing process was slow and cumbersome. The Indian government replaced this conventional approach with an e-filing process, enabling businesses and individuals to apply for trademarks online using the official IP India Portal.
Advantages of E-Filing a Trademark in India
- Convenient and Quick Process – This E-filing process is convenient that saves applicants from the physical paperwork and also enables them to file from anywhere, that helps in saving time and effort.
- Tracking Application in Real Time – Applicants can track their application status in real time through the IP India online portal.
- Less Mistakes and Improved Accuracy – The web-based application process has pre-validated fields, which assist in reducing the likelihood of errors in the application.
- Secure and Digital Record Keeping – Trademark filings and supporting documentation are kept electronically, which helps in minimizing chances of losing the documents.
- Cost Effective Way– The E-filing process is less expensive than manual filing of applications, offering a cost advantage to small businesses and startups.
Process of E-Filing a Trademark in India
1. Sign up on the Official IP India Website
The candidates would then have to visit the Intellectual Property India (IP India) website and register themselves. The registration process involves providing basic information such as name, email ID, and phone number.
2. Conduct a Trademark Search
Before filing, a trademark availability search is required to verify that the suggested mark is distinctive and does not contradict any existing trademarks. This is possible using the IP India database or third-party trademark search websites.
3. Choosing the Appropriate Trademark Class
Trademarks are divided into 45 classes, with Classes 1-34 for goods and Classes 35-45 for services. The applicants have to decide for the right class in which their trademark application can be filed to get protection.
4. Filing Form TM-A
The applicants have to fill Form TM-A, the prescribed form for application for registration of trademark. The form asks for information including-
- Applicant’s name and address
- Representation of the trademark (logo, wordmark, slogan, etc.)
- Class of goods or services
- Description of goods or services
- Usage claim (whether proposed or already used)
5. Uploading Necessary Documents
The applicants must upload supporting documents, which can be:
- Soft copy of the logo/trademark
- Power of Attorney (in case filed by an agent or attorney)
- User affidavit (if prior use of the trademark claimed)
- Business registration certificate (where applicable)
6. Payment of Trademark Filing Fee
The fee amount varies based on the applicant category-
- For startups, small firms, and individuals – Rs 4,500 (e-filing)
- For businesses and big organizations – Rs 9,000 (e-filing)
The fees can be paid online via net banking, debit/credit cards, or other payment methods accepted by the department.
7. Submission and Acknowledgment Receipt
Upon successful submission of the application, the applicant is issued with an acknowledgment receipt with a TM number, which can be used to track the status of the application.
8. Examination by the Trademark Office
The application is checked by the Trademark Examiner for compliance with the law. The examiner accepts the application for publication or gives an Examination Report with objections (if any).
9. Reply to Examination Report (if required)
Where the objections are raised in the trademark, the applicant is required to submit a reply on that objection within 30 days to explain or defend the validity of the trademark filed.
10. Publication of Trademark in the Trademark Journal
If trademark is accepted, the trademark is advertised in the Trademark Journal for opposition by the public. The public is given four months to raise objections if they think the mark clashes with other trademarks.
11. Trademark Registration Certificate
Where no opposition has been made, or where the applicant has defended any opposition successfully, the trademark is registered and the Trademark Registration Certificate is issued.
Common Mistakes to Avoid While E-Filing a Trademark
- Misclassification of Trademark – The Wrong class can result in rejection or ineffective protection.
- Omission of Trademark Search – Failing to search for previously registered trademarks may lead to conflicts and objections.
- Missing Documents – Omission of documents may cause the process to get delayed or rejected.
- Overlooking the Examination Report – If there wold be failure to respond to objections within the specified time as given, can cause abandonment of application.
- Postponing the Filing Process – The sooner a trademark is filed, the greater the likelihood of gaining exclusivity.
Conclusion
Electronic filing of trademarks has completely transformed trademark protection in India. The streamlined online process decreases registration time and makes it efficient and convenient. If proper filing procedures, error prevention, and the use of online resources are followed, companies can register their trademarks with ease.
With the increasing significance of protection of intellectual property, the e-filing system provides a solid legal framework for safeguarding brands in a competitive business world. For businesses in uncertainty regarding the process, taking guidance from a trademark attorney can simplify registration and ensure that all legal requirements are fulfilled.
References
The Trade Marks Act, 1999 (Act No. 47 of 1999)
https://www.ipindia.gov.in/trade-marks.htm
https://tmrsearch.ipindia.gov.in/tmrpublicsearch/
https://ipindiaonline.gov.in/
