Application Filing

UNDERSTANDING TRADEMARK APPLICATIONS IN INDIA

Section 18 of the Trademark Act, 1999 provides for application for registration of trademark in India and enunciates that for registration of a trademark, an application is to be made to the registrar and a single application can be made for registration of a trademark for different classes of goods and services by paying prescribed fee for each such class of goods and services.

Trademark applications in India can be filed under the following categories-

• Ordinary Trademark Application
• Multiclass Trademark Application
• Convention/Priority Trademark Application (claiming priority from a convention country)

Ordinary Trademark Application:

An ordinary trademark application refers to an application filed for a single class of goods or services. An ordinary application can be made in FORM TM-A along with the prescribed fee as mentioned in the Trademark Rules, 2017.

Multiclass Trademark Application:

A multiclass trademark application refers to an application filed for mre than one classes of goods or services. A multiclass trademark application can be made in FORM TM-A which provides for filing of single application for different classes of goods or services (other than a certification or a collective trademark).

Multiclass trademark application consisting of more than one class of goods/services in one application can be filed in India. As per section 18(2) a single application may be made for registration of a trade mark for different classes of goods and services and fee payable therefor shall be in respect of each such class of goods or services.

Convention/Priority Trademark Application:

A convention Trademark Application refers to an application for registration of a trademark claiming priority from a convention country. Section 154 of the Trademark Act embodies special provisions relating to applications for registration from citizens of convention countries. According to the said statutory provision – where a person has made an application for registration of a trademark in a convention country and thereafter, makes an application for registration of the said trademark in India within six months from the date of application made in the convention country, then the mark if registered shall be registered as of the date on which the application was made in the convention country.

A convention trademark application can be made for a single class of goods or services or for multiple classes of goods or services on FORM TM – A.

WHO CAN FILE A TRADEMARK APPLICATION IN INDIA?

Trademark Registration in India is open to individuals and business organizations whether registered or not.

Trademark can be applied in the name of an Individual or in the name of an organization. Also, Trademark can be applied by two more individuals jointly without having an organization as well.

WHO FILES THE TRADEMARK APPLICATION?

The applicant has to authorize a Trademark Agent through a Power of Attorney for filing the Trademark Application with the Trademark Registry. The Trademark agent then file the application with the Trademark Registry and obtains the acknowledgement. All the correspondence / communications regarding the TM registration process will be addressed to the Trademark Agent.

CATEGORIES OF TRADEMARK APPLICANTS:

From the applicability of filing fee, the applicants are categorized as follows:

1. Individual/Sole Proprietor
2. StartUp
3. Small Enterprise
4. Others

• Association of PersonsBody Corporate
• Government Department
• Hindu Undivided Family
• Joint Applicants (Two or more Individuals together)
• Joint Firm
• Limited Liability Partnership
• Partnership
• Single Firm
• Society
• Statutory body
• Trust
• Others – like Foreign Nationals / Foreign Companies

Trademark can be applied in the name of an Individual or in the name of an organization. Also, Trademark can be applied by two more individuals jointly without having an organization as well.

STEPS TO FILE YOUR TRADEMARK APPLICATION UNDER FORM TM-A

You can refer to the following steps in order to file your trademark application:

1. Login with Password

Enter your user ID and password you received on your email ID and then select ‘Login.’

1. New form Filing

You can select your desired form under ‘New Form Filing’. Then select Form TM-A from the list of options amongst other form incase of new application of Trademark Registration.

1. Type of Applicant

Select the type of applicant if Individual/Sole proprietor or Start up or Small enterprise or Others accordingly. 

1. Type of Application

Under Type of Application based on your requirement select if you are applying for trademark application, collective mark, series mark etc. Subsequently, fill in the trademark class of your mark and then enter ‘Submit.’

1. TM-A

Your Form TM-A will be appear as below. There are 10 subcategories in Form TM-A. Under Trademark category, fill in the desired mark you wish to register and then select ‘Edit’ under Applicant’s Details.

1. Applicant details

In the Applicant’s Details page, fill in your ‘State,’ ‘District’ and then ‘Legal Status.’ Legal status here means whether you are a natural person, Company, legal entity etc.

1. TM-A

Now fill in the other 6 subcategories:

• If mark in a language other than Hindi or English– Firstly, If your mark is in a language other than Hindi or English, you will have to translate the same.
• Conditions or Limitations– If you wish to write any conditions or Limitations on using your mark, you can type it out under this category.
• Class of Goods and services– Fill in the description of your trademark under this category.
• Statement as to use of mark– Enter the date on which you started to use the mark for your goods and services in DD/MM/YYYY format.
• Any other information or statement– State here the reason why you want to have your trademark registered to help the trademark officer understand your application better.
• Verification– Then, verify all the entered details before you proceed.
  Then select ‘Attach Documents documents.

1. Attach Documents

Upload your user affidavit and then select ‘Done.’

1. Preview

Select Preview to check if all details you have entered are correct and subsequently select ‘Digitally Sign and Submit.’

1. Digitally sign

Upload you digital Signature certificate by selecting ‘Select to sign.’

1. Payments

Select payments option from the options bar on the left and navigate to ‘Make Payment.’ All the successfully filled forms will appear here. Tick the application you want to submit and subsequently select ‘Make Payment.’

1. Payment consent form

After reading the terms and conditions, tick the Agree box. Select ‘Make Payment’ and most importantly, have all your bank details ready. You will be redirected to a payment portal where you can make the payment.

1. Filing History

Navigate to Form History in your options bar and then select ‘Filing History.’ You can see here that you application has been successfully submitted. Check you ‘Application status’ in a few days.

FAQ