How do I get my startup company’s name’s logo trademarked?

A trademark is a word, sign or symbol which is used to distinguish the goods and services of one trader from those of another. Trademarks can be words, logos, pictures, or a combination of these with captions.

Trademark can be used for the product or service that a particular manufacturer or trader provides which can be recognised by his/ her potential customers and cannot be copied or misused by others.

Below mentioned are the steps for filing Trademark Registration Application:

• First step is to conduct a trademark search i.e. to identify the availability of the brand name or logo from the national trademark database online.

• Draft certain documents mentioned in the act where signature of the applicant is compulsory.

• File the application for trademark registration along with the prescribed fees after affixing stamp duty on the documents which will be filed as an attachment to the online application.

• Once the mark is applied, the Trade Marks Registry follows its internal examination process and can raise objection based on section 9 & 11.

• Filing of reply towards examination report is compulsory. Registry advertised the application, if satisfied

• After the application is accepted, the same will be published in the ‘Trade Marks Journal’ to call upon opposition from the general public i.e. 3 rd party, if any.

• If no opposition filed on the application within 120 days of its publication, the Registry shall grant the Registration Certificate to the applicant. In case opposition is filed by 3 rd party, registration is granted only after the case is resolved by the parties.

• The whole process takes about 15 to 18 months. The trademark is valid for ten years starting from the date of application filed with Registry.

Once granted, the Trademark should be renewed for another 10 years on the payment of the prescribed fees.