Trademark registration is a crucial step for businesses and individuals looking to protect their brand identity in India. The process has been simplified with the introduction of online filing through the Controller General of Patents, Designs & Trademarks (CGPDTM) portal. As a beginner trademark attorney, understanding the online trademark registration process, account creation, and essential settings will help you file applications smoothly for your clients.
This guide covers:
- Creating an Account on the IP India Portal
- Basic Setup for Smooth Trademark Filing
- Step-by-Step Trademark Registration Process
- Common Mistakes to Avoid
- Conclusion
1. Creating an Account on the IP India Portal
Before filing a trademark application, you must register as a Registered User on the IP India Official Website. Follow these steps:
Step 1: Visit the Official Website
Go to the IP India Trademark Registry and click on "Trademarks" → "Related e-Services" → "User Registration".
Step 2: Fill in User Details
- User Type: Select "Attorney" (if you are a practicing trademark attorney) or "Agent".
- Personal Details: Enter name, address, email, and mobile number.
- Professional Details: Provide your Bar Council registration number (if applicable).
Step 3: Upload Required Documents
- Identity Proof (PAN Card/Aadhar)
- Address Proof (Passport/Utility Bill)
- Authorization Letter (if filing on behalf of a client)
Step 4: Submit & Verify
- After submission, you will receive an OTP for email/mobile verification.
- Once verified, the Registrar will approve your account (usually within 1-2 working days).
Step 5: Login & Set Up Digital Signature (DSC)
- After approval, log in using your User ID and Password.
- Register your Class III Digital Signature Certificate (DSC) under "My Profile" for signing documents.
2. Basic Setup for Smooth Trademark Registration Filing
To ensure a seamless trademark filing experience, follow these best practices:
A. Enable Required Tools
- Digital Signature (DSC): Mandatory for e-filing. Obtain from licensed certifying authorities (e.g., eMudhra, SIFY, NIC).
- Java Runtime Environment (JRE): Some forms require Java for offline drafting.
- Stable Internet Connection: Avoid disconnections during payment.
B. Prepare Client Documents in Advance
Before filing, collect:
- Applicant’s details (Name, Address, Nationality)
- Trademark Logo/Wordmark (in JPEG format, 400x400 pixels)
- Goods/Services Descripttion (As per Nice Classification)
- Power of Attorney (Form TM-48) (if filing on behalf of a client)
C. Use the Correct Trademark Form
- Form TM-A: For new trademark applications (Individual, Startup, or Company).
- Form TM-M: For amendments, renewals, or oppositions.
D. Conduct a Trademark Search (Optional but Recommended)
Use the "Trademark Public Search" tool on the IP India website to check for existing similar trademarks.
3. Step-by-Step Trademark Registration Process
Step 1: Log in to the IP India Portal
- Visit https://ipindiaonline.gov.in
- Click "Login" → Enter User ID & Password
Step 2: Select "New Application"
- Go to "Trademark Application" → "New Application"
Step 3: Fill in Trademark Details
Part A: Applicant Details
- Applicant Type (Individual, Startup, Company, etc.)
- Name, Address, Nationality
Part B: Trademark Details
- Mark Type (Wordmark, Logo, Combination, etc.)
- Upload Logo (if applicable)
- Descripttion of Mark
Part C: Class of Goods/Services
- Select the appropriate Nice Classification (e.g., Class 25 for Clothing, Class 9 for Software).
- Specify goods/services in detail.
Part D: Priority Claim (if applicable)
- If claiming priority from a foreign application, provide details.
Step 4: Submit & Pay Fees
- Fee Structure:
- Individual/Startup: ₹4,500 per class (e-filing)
- Others: ₹9,000 per class
- Payment modes: Credit/Debit Card, Net Banking, UPI
Step 5: Acknowledgment & Examination
- After submission, you receive an Acknowledgement Receipt with Application Number.
- The Trademark Office examines the application within 7-12 months.
Step 6: Publication & Opposition (if any)
- If approved, the mark is published in the Trademark Journal for 4 months.
- If no opposition is filed, registration is granted.
Step 7: Registration Certificate Issuance
- Once approved, the Trademark Registration Certificate is issued (valid for 10 years, renewable).
4. Common Mistakes to Avoid
- Incorrect Classification: Selecting the wrong Nice Class leads to rejection.
- Insufficient Descripttion: Vague descripttions may result in objections.
- Ignoring Trademark Search: Filing without checking existing trademarks risks opposition.
- Late Renewals: Trademarks expire after 10 years if not renewed.
Final Remarks
The online trademark registration process in India is efficient but requires careful attention to detail. As a beginner trademark attorney, mastering the IP India portal setup, document preparation, and filing steps will help you serve clients effectively. Always ensure accurate submissions to avoid delays or rejections.
Source Of Information : Khabardarbar
