RSR LEGAL VENTURES - TRADEMARK REGISTRATION IN HING KI MANDI AGRA

Trademark Registration Procedure in India

Trademark registration is a legal process that enables individuals and businesses to protect their brand identity. 

It provides exclusive rights over the use of a particular mark, allowing you to take legal action against unauthorized usage. 

1. First Step -  Trademark Search

Before filing, it’s crucial to conduct a trademark search to ensure the mark is available. 

Use the IP India online portal to check if similar marks exist under the relevant class. 

2. Selecting the Appropriate Class

India follows the Nice Classification system, comprising 45 classes — 34 for goods and 11 for services. 

3. Filing the Application (Form TM-A)

The application can be filed:

• Online 
• Offline at designated Trademark Registry Offices

You’ll need to submit:

• Applicant’s details
• Description of the mark
• Trademark class
• Proof of claim (if using prior)
• Image/logo (if applicable)

Startups, individuals, and SMEs pay a reduced fee of ₹4,500 

Other entities pay ₹9,000 per class.

4. Examination by the Registry

Once submitted, the application is examined by the Registrar. 

5. Advertisement in Trademark Journal

If accepted or cleared of objections, the mark is published in the Trademark Journal. This opens a four-month window for public opposition. Any third-party claiming conflict must file a formal opposition.

6. Opposition Proceedings (if applicable)

If opposition is filed, both parties may submit evidence, attend hearings, and present arguments. If resolved in the applicant’s favor, the registration proceeds. Otherwise, the application may be refused or modified.

7. Trademark Registration Certificate

Upon successful resolution — the Registrar issues a Certificate of Registration. You can now use the ® symbol officially.

8. Validity and Renewal

The trademark is valid for 10 years from the date of application and can be renewed indefinitely every 10 years using Form TM-R.