Overview
Trademarks are an integral part of a business today. These are vital assets that protect the brand identity and help the owners save their products from infringement.
Today, with the advent of online trademark registration in India, the process is accessible from anywhere across the globe. In this blog, we will walk you through the trademark registration process in the capital city of India, Delhi. The clarity in the trademark registration process will make the business more manageable for all different businesses and individuals.
Why Trademark Registration is Crucial
Before you dive head first into understanding the registration process, it is important to know why trademark registration is so crucial for a business. Let’s take a look at the reasons:
Legal Protection
Trademark registration comes with the % exclusive right of usage about specific services and products for its owner. Hence, it provides 360-degree legal protection to the brand owner. No other person or third party can use the same or deceptively similar brand name for the same goods and services. This helps in protecting the name from being used by others without your prior permission.
Brand Recognition
Nowadays the credibility of a brand depends on a lot of factors. One such vital factor impacting a brand’s credibility is trademark registration. Once you get your trademark certificate, your brand gets recognition in the market. It helps you in building trust amongst the customers and other stakeholders.
Preventing Infringement
Once you get the exclusive right to use, copy, assign and license your mark, you have the legal authority to prevent others from using the same. In this context, similarity is a replica or even a deceptive similarity is considered as an infringement to the mark. This legal authority also helps in reducing the risk of dilution of brand identity and avoiding customer confusion.
Asset Value
When you register a trademark, it creates an asset value for your business. This helps in enhancing the overall brand identity and recognition. Besides, owning a trademark also opens new pathways to financial benefits. For example, monetary gains from licensing trademark rights. The increase in asset value also acts as a catalyst for the overall development of the brand identity.
Online Trademark Registration in Delhi: Step by Step
There are five trademark registry offices in India. These five cover all the trademark-related issues for India, based on geographical jurisdiction. The capital city of India, Delhi, has its registry. The Controller General of Patents, Designs, and Trademarks (CGPDTM). Let’s take a look at the step-by-step guide to registering a trademark in Delhi online:
Preliminary Trademark Search
When you decide to get your trademark registered, the first step is to check if it is available for registration or not. You can do this after identifying the trademark class applicable to you. Moreover, you can check the classes applicable to you using various trademark class search tools available online. You can apply in one or more classes in a single application or different applications.
But first, check for availability. You need to visit the official website of the Intellectual Property Office, navigate to the IPINdia TM search portal and enter your brand name, relevant class and generate a report. A simple look at this report can help you figure out whether your brand name is available for registration or not. In case you find any existing similar marks, you get the perfect chance to make changes to your mark before applying.
Filing the Trademark Application
The trademark application is known as Form TM – A. This form is also available on the IPIndia office portal. Here, you need to submit all relevant details for the registration of a trademark. These details include:
- Type of Applicant;
- Name of Applicant;
- Address and other contact details;
- Communications address (if applicable);
- The trademark;
- Class of goods/services;
- Date of use of the mark; and
- Description of the goods and services.
Once you submit these details, you need to digitally sign and submit the form after paying the appropriate fees for registration.
Pay the Appropriate Fees
To register a trademark in Delhi, you can pay the fees for registration of a trademark through the IPO’s official website itself. All you need to do is choose the suitable payment method. After the payment, the registry will issue an application number. You can use this application number to check the status of your TM application.
Application Review
Once you submit the application and pay the fees, the IPO assigns an examiner to your application. This trademark examiner must review the application. The examiner typically takes a few weeks to examine the details of the application. During this period, the examiner might, upon their sole discretion, raise any queries and ask for further clarifications.
Publication in the Trademark Journal
The examiner either accepts the application or raises a query. When the application is accepted, it is published in the journal of existing trademarks. This publication is for third parties to allow opposition. Hence, in the 4 months that the mark is published in the journal, if no third-party objection is received, your mark will proceed to registration.
Registration Certificate
After the timeline for trademark opposition ends, if there are no oppositions received, then the certificate is issued. However, if there are third-party oppositions to an application, there will be a separate opposition proceeding applicable. The certificate that the registry of trademarks issues is the final legal proof of registration and ownership of the trademark. In case of infringement, the party having a certificate of registration has no onus to prove that their mark is being infringed. The onus lies on the infringing party in the presence of a registration certificate.
Conclusion
Online trademark registration is a vital step in securing your brand identity and protecting your business. Besides, to get a trademark registration Delhi the process is now more accessible through the online platform provided by the IPO. By following the steps outlined in this blog, you can navigate the registration process efficiently, ensuring your brand enjoys legal protection and recognition in the bustling capital city of Delhi. Remember, protecting your brand is an investment in your business’s long-term success.
