How to Register a Trademark in India and the USA

Business May 17, 2024 40 Add to Reading List

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1. Preliminary Search:

Conduct a comprehensive trademark search to ensure that your proposed trademark is not already in use. This can be done through the Indian Trademark Registry’s website.

2. Choose the Appropriate Class:

Trademarks are categorized into 45 different classes. Select the class that best represents the goods or services your trademark will cover.

3. Prepare the Application:

The application can be filed in the name of an individual, company, partnership firm, or LLP.
Required information includes the applicant’s name, address, nationality, a representation of the trademark, a list of goods or services, and the date of first use of the trademark (if applicable).

4. File the Application:

Applications can be filed online through the official website of the Indian Trademark Registry (https://ipindia.gov.in/) or manually at any of the five Trademark Registry offices located in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad.
Online filing provides an immediate acknowledgement receipt with the filing date and application number.

5. Examination:

After filing, the Registrar examines the application to ensure it complies with the law and does not conflict with existing trademarks.
An examination report is issued, which may contain objections. The applicant must respond to these objections within one month.

6. Publication in the Trademark Journal:

If the Registrar finds the application satisfactory or after the objections are resolved, the trademark is published in the Indian Trademark Journal.
This publication allows the public to oppose the trademark within four months from the publication date.

7. Opposition Period:

If no opposition is filed within the four-month period, or if the opposition is resolved in favor of the applicant, the trademark proceeds to registration.

8. Registration and Certificate:

The Registrar issues a Certificate of Registration, and the trademark is entered into the Register of Trademarks.
The trademark is protected for ten years, and it can be renewed indefinitely every ten years.

1. Preliminary Search:

Conduct a trademark search using the United States Patent and Trademark Office (USPTO) database (TESS) to ensure that your trademark is not already in use.

2. Choose the Appropriate Class:

Identify the class or classes that best represent the goods or services your trademark will cover, according to the USPTO’s classification system.

3. Prepare the Application:

Determine the basis for filing: “use in commerce” (if you are already using the trademark) or “intent to use” (if you plan to use the trademark in the future).
Required information includes the applicant’s name, address, and entity type, a clear representation of the trademark, a list of goods or services, and, if applicable, the date of first use of the trademark.

4. File the Application:

File your application online using the USPTO’s Trademark Electronic Application System (TEAS).
Choose between TEAS Plus (lower fee, stricter requirements) and TEAS Standard (higher fee, more flexibility).

5. Examination:

An examining attorney reviews the application to ensure it meets all legal requirements and does not conflict with existing trademarks.
The examination process may involve correspondence to address any objections or requirements.

6. Publication in the Official Gazette:

If the examining attorney approves the application, it is published in the USPTO’s Official Gazette.
This publication allows the public to oppose the trademark within 30 days from the publication date.

7. Opposition Period:

If no opposition is filed within the 30-day period, or if the opposition is resolved in favor of the applicant, the trademark proceeds to registration.

8. Registration and Maintenance:

For “use in commerce” applications, a Certificate of Registration is issued upon approval.
For “intent to use” applications, a Notice of Allowance is issued, and the applicant must file a Statement of Use within six months.
The trademark is protected for ten years, with maintenance filings required between the fifth and sixth year, and it can be renewed indefinitely every ten years.

Legal Assistance: Consider hiring a trademark attorney to help navigate the process and handle any legal complexities.
Timely Responses: Respond promptly to any communication from the trademark offices to avoid delays or rejections.
Monitoring: Regularly monitor your trademark to protect it from infringement and ensure timely renewals.

By following these steps, you can secure trademark protection for your brand in both India and the USA, helping to establish and maintain your brand’s identity and reputation.