Anybody claiming to be the owner of a trademark in India, be it a person, business, corporation, or other legal entity, may apply for a trademark. Within a few days of registration, the trademark application can be submitted and the "TM" symbol can be utilized. If the Trade Mark Registry has no objections, the registration process takes at least 6 to 8 months. It might take up to 18 months in the event of an objection. The registered symbol, R, may be used upon trademark registration and the issuance of the registration certificate. A trademark must be renewed on schedule after it has been completed and is valid for 10 years from the registration date.

Any mark, logo, name, symbol, letter, figure, or word used by a person or business to distinguish its products or services from those produced or offered by third parties is considered a trademark. Customers must therefore be able to distinguish one's products or services from those of competitors. Trademark registration is governed by the Trade Marks Act of 1999. Because the government has the legal authority to award the owner exclusive rights to the brand, sale, manufacturing, and use of goods and services, trademark registration is essential.

In 1940, the trademark registration was established, and the Trademark Act came into effect in 1999. At the moment, the Act's operative or functional entity is the trademark register. It is also possible to describe it as operating simultaneously. The Indian trademark Act's laws and regulations are all administered by the trademark register, a legally recognized body.
The trademark registration has branch offices in Delhi, Ahmedabad, Chennai, Kolkata, and Mumbai as its headquarters. A trademark is registered with the trademark registrar after first being registered under the Trademark Act of 1999. The registrar will confirm that a trade mark satisfies all Act requirements before to registering it.

It is entirely under the ownership of the registered trademark. For any additional goods falling under the specified class or classes in the application, the owner may use the same trademark. In addition, the trademark belongs to its owner, who has the authority to forbid others from using it in the class or classes for which it has been registered. Additionally, it allows the owner to file a lawsuit for any unauthorized use.

Don't forget to choose a distinctive mark to symbolize your company. Ascertaining your class membership is another crucial factor. Currently, 45 different types of goods and services qualify for trademark registration. Product classifications are 1 through 34, and service classifications are 35 through 45.

After selecting a mark, you should search to determine if it is similar to one that has previously been registered. By going to the Controller General's website for Patents, Designs, and Trademarks, you can accomplish this on your own. The website has an option for public searches. You have to choose your class and do an online database search after choosing this option.
Despite being more costly, the second option—obtaining legal assistance—is the safer one. In the event that your trademark is contested, your total legal fees will be less. They will help you through the full procedure in addition to conducting the search.

A single application may be submitted for multiple trademark classes, series, or collectives. For this, Form TM-A needs to be filled out. You can register your trademark in many classes using this form.

The Vienna Categorisation, sometimes known as the Vienna Codification, is an international classification of trademark sign components defined by the Vienna Agreement (1973). The Trademark Registrar will file the Vienna classification to the Trademark based on the figurative elements of the marks after the Trademark registration application is filed. Because of this, while this work is being done, the trademark application status is typically shown as "Sent to Vienna Codification".

Selecting a unique and unconventional brand name makes sense because the majority of generic names are already in use by someone. To ensure that you are not choosing a brand name that is already in use, choosing a name also requires a quick research process. The best part is that by creating original words and mixing them with common terms, you may create a unique brand name.

The application for online trademark registration must be submitted with the following supporting documentation:
Evidence of Business Registration: Depending on the type of business you have formed (sole proprietorship, for instance), you will need to provide proof of address and identification for each director of the firm. When it comes to a company, the address proof of the business needs to be provided. The proof of claim for the proposed mark, if any, is transferable to another country.(Sales invoices with the brand name mentioned) A power of attorney must be signed by the applicant (Vakalatnama)

There are two ways to submit the registration application: electronically (form TM-A) and manually. If you choose manual filing, you will need to travel to one of the main Indian cities—Delhi, Mumbai, Kolkata, Ahmedabad, Chennai—and personally deliver your application for registration to the Registrar Office of TradeMarks. After then, you have to wait for the acknowledgement for at least 15–20 days. If, on the other hand, you file electronically, you will have access to your acknowledgement right away on the official government website.

The Registrar of Trademarks will examine your application once it is filed to determine whether you met all the requirements and whether your brand name is compliant with the law as it stands. Moreover, there must be no resemblance (phonetically or visually) between the identification and any currently registered, pending brand.

The Registrar of Trademarks will accept and publish the brand name in the Indian trademark journal after the examination procedure, if the registry has not made any objections (the time frame may differ). This is arguably the most important part in registering a trademark. If there are any similarities between the brand name in question and any third party's brand name, such parties may challenge the instant application within four months of the date of publication in the journal. The Trademark Registration Certificate will be issued by the Registrar of Trademarks if no opposition is lodged within that time frame.

The Registrar of Trademarks will examine your application once it is filed to determine whether you met all the requirements and whether your brand name is compliant with the law as it stands. Moreover, there must be no resemblance (phonetically or visually) between the identification and any currently registered, pending brand.

Let's say that four (or any other number of) months after the trademark is published in the trademarks journal, a third party lodges an objection. If so, a copy of the opposition notice will be sent to you by the Registrar of Trademarks. Within two months of receiving the opposition notice, you must file a counterstatement. Should the counterstatement not be filed within a fortnight, the trademark application shall be deemed inactive and rejected. The government charges Rs. 2700 for filing both the notice of opposition and the counter statement, and both parties must pay this amount.
But let's say that in three months, no objection is submitted. If so, you will not be covered by this process, and your brand name will be

If you do not have any such trademark opposition in your situation, you are not subject to this procedure.
Let's say someone challenges your trademark and you reply to them in a span of two months. In that instance, the third party objecting to trademark registration will receive a receipt from the Registrar of Trademarks.
Both you and the other party are required to provide proof for your statements. A hearing for you and the third party will be held by the Registrar when the evidence has been filed in accordance with Rule 45. You can file your evidence in accordance with Rule 46, or you can notify the register that you want to rely on the counterstatement that you have already filed. The trademark will either be accepted or rejected by an order from the Registrar.

In the event that no objection is raised within the allotted time, which may vary, or if your trademark application is accepted after a trademark opposition hearing, the Registrar will authorize your application. Whoa! And when the Registrar issues the Registration Certificate with the Trademark Registry stamp, that will be the optimum time for you. As soon as you receive your certificate, you can use the registered trademark sign (®) next to your brand name.

The documents that are required for trademark registration-

Name of the applicant

Type of business

Nature of business (specific goods/services)

Name of a brand/logo/slogan

Registrant's mailing address with PIN CODE.

The following documents are required:

Form-48 has been signed. (Power of Attorney/Vakalatnama)

Signatory identification evidence

Proof of the signatory's address

Business validation (depends on the type of business)

MSME registration certificate/Udyog Aadhar (optional)