How to register the trademark?
If you are a business owner or start-up guy, you must have searched this online – ‘How to apply for the trademark online?’
I started searching this previous week and came out unsuccessful after several attempts. I went to Google and searched for the process of registering trademark online or e-filing trademarks in India and found hundreds of websites (mostly by chartered accountants, professional lawyers etc.) who are trying to explain the process just for sake of their search engine ranks and many are running ads. Will they solve your problems? Yes, they will. Most of them will help you through their paid consultancy services. But in this age of IT and Internet, if you are looking for a self-help solution, these won’t be useful. So, here’s how you can save that extra cost and just pay the required fees to the government trademark agency directly. Read further if want to save your hard earned cash!
Online Filing of Trademarks In India
The process of e-Filing of trademarks, patents, and designs in India is controlled by the ‘Office of Controller General of Patents, Designs & Trade Marks (Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, Government of India).
Steps to e-File Trade Mark in India
With continuous efforts to find the exact website & page where one can register for e-Filing trademark, I found out the exact page on https://ipindiaonline.gov.in/. So, I am breaking it down into steps making it easy for everyone who is willing to do it on their own.
Step 1: Download the user manual for eTrademark filing
Follow this link to download the user manual for eTrademark filing. It’s a 36 page PDF file, published in 2013. It’s quite old but still, it helps. Keep it handy to help yourself in the process.
Step 2: Visit the Intellectual Property India website
Use only this registration link if you are looking to get registered. All other links will take you only to the login forms, and you can’t log in unless you have registered on the website. As of today, when I am writing this down – I haven’t found any direct link to the registration page anywhere else or even on the official website.
Step 3: Follow the user manual to fill and submit the form
User manual mentioned in step 1 will help you in filling the form and submitting it successfully.
Here you can choose to register as an agent or individual or SME / a company. It’s your choice.
Step 4: Check your email for login credentials
After registration, you’ll receive an email into the inbox of your registered email id with your login credentials from the department and follow the link in the email.
After these steps, your are registered for e-Filing trademarks in India and you can file for the trademarks online.
Again you can refer to the user manual mentioned in step 1 to know how to file for trademarks using the online platform provided by the government. Further, the website allows you to check application status and take further actions if required.
If you are looking for the fee details and physical forms for filing the trademark request, you can get the information here through this Trademark Fees and Forms Link – Trademark Rules 2017.
According to Trademark Rules 2017:
|On what payable||Amount in INR.|
|For Physical filing||For E-filing|
|Application for registration of a trademark /collective Marks / Certification Mark / Series of the trademark for specification of goods or services included in one or more than one classes.|
|Where the applicant is an Individual / Startup/Small Enterprise||5,000||4,500|
|In all other cases (Note: Fee is for each class and for each mark )||10,000||9,000|
If you are willing to learn more about the importance of Trademarks, you might be interested in this article from YourStory.
Disclaimer: I haven't tried the complete process yet, as I am not registering any trademark in near future. If you are trying it out and find any errors, I request you to put down the problems in the comments section. It will help others in avoiding the issues faced by you. Your suggestions and tips are always welcome. This tutorial might become obsolete if government brings any amendments. Your due diligence will be required in this process. This blog owner or writer must not be held responsible for any loss arising on following this process. You can reach out to the trademark department for any clarifications. It's not a sponsored post, this is just an informational DIY post to help others.