Close your eyes and think of two big golden arches forming an ‘M’. Instantly you would recall the smell and taste of burgers, French fries and milkshake. For that letter symbolizes McDonalds and all that goes with it. Now think of an apple with a bite taken out, and again the images of sleek, impeccably designed phones and tablets and laptops that most of us cannot afford.
These symbols, along with so many others, are ‘trademarks’, instantly identifiable with the brands they represent. But it isn’t only globe-spanning multi-nationals that have trademarks, indeed every business can and should have one. After all, they are easy to identify, create an instant connect with your customers, and nurtured properly, can form a big part of your future ambitions.
But in order to create and maintain the exclusivity of your trademark, whether it is a logo, a phrase or your brand’s name, you need to follow the process for registration of the trademark to ensure it is not misused by someone else. After all, the reputation you have built up through your hard work should benefit only you!
In India, the steps for registering your trademark are briefly described below:
1. Find a memorable trademark / brandname / logo. You can do this yourself or if your business is an existing one, use whatever you are already using.
2. Carry out a trademark search. This needs to be done both online and offline and ideally you should also hire a trademark agent to carry out this check with the Trademark office nearest to you. If your proposed trademark is already in use, you will have to go through step one again.
3. Prepare the trademark application. This form is called Form – TM1 and the cost of application is approx.. Rs 4,000. If you are using an agent’s services, their fees will be over and above this, and should be about 2,000 to 4,000. Some supporting documents have to be provided with this form, including
- ID and address proof for the Business and the partners / directors
- Image of the logo in standard size ( 9 x 5 cms)
- If applicable, proof that your trademark is in use and registered in another country
4. Filing the application with the trademark office: This can be done physically at one of the Trademark offices (currency location in the four metros and Ahmedabad) or online. For physical filing, the receipt should reach you in 15 days, for online application you will get an e-receipt immediately. You can start using the TM symbol immediately after you get the receipt
5. Await the results of examination of the application by Trademark office: The registrar of trademarks checks that your application and proposed trademark is in order and does not conflict with any existing trademarks. In case there is any problem, your application will be returned with the appropriate noting and you must file a rectified application or file an objection.
6. Publication in Trademark Journal: Assuming everything goes off smoothly, your brand name / logo will be published in the Indian Trade Mark Journal. If there is no objection filed against the same in 90 days (in some cases, 120 days), the same is deemed to be accepted.
7. Issuance of Trademark certification: If no objection has been raised, the Registrar will issue you the Trade Mark Certification. This not only allows you to use to ® symbol against your brand name and logo, but also lets you sue anyone found infringing it. The fact that you have the Trade Mark Certificate makes your case very strong in case anyone is using it wrongfully and entitles you to claim damages.
8. Renewal: As per current laws, this Trademark is valid for 10 years from the date on the certificate, which means you do have to renew it at expiration of that period.
Though the cost and time seems cumbersome, it is essential that you register your trademark as soon as it appears that your brand name has some value. The process can take upto a year if not more, so start in time!
