source: ipleaders

Situated in the west-central region of India, Indore is the most populated and largest city in Madhya Pradesh. Indore is famous for its rapid growth and industrialization, attracting the establishment of several leading companies. To establish a brand in this city, one must consider registering a trademark for their products or services. Keep reading to get more information about trademark registration in Indore.

According to the Trade Marks Act 1999, one can register the following types of trademarks in Indore:

1. Descriptive and Suggestive Marks

Descriptive and Suggestive marks are two common types of trademarks, both representing the characteristics and nature of a product or service. A descriptive trademark clearly describes the features of a product, whereas a suggestive trademark states the same implicitly.

2. Invented Marks

Also known as coined marks, this type of trademark is considered the easiest trademark to register. These marks consist of a unique combination of words or letters which are not generally used. Such marks have no resemblance with a trademark which is already registered.

3. Arbitrary Marks

Another type of trademark eligible for registration in Indore is an arbitrary mark which has no primary association with the features of a product or service.

The process of brand registration in Indore requires the categorisation of products and services into trademark classes. Indian Trademark Registry uses 45 trademark classes to categorise different types of products and services. This categorisation is done according to the provisions of the International Classification of Goods and Services. 

Out of 45, 34 trademark classes represent the categories of products, whereas the rest are for services. Each trademark class has its specific registration process. Hence, every applicant must have a clear idea about the trademark class their products or services belong to, before applying.

According to the Trade Marks Act 1999, these entities are eligible for trademark registration of their goods and services in Indore. 

• Proprietorship Firm 
• Partnership Firm 
• Indian Company 
• Foreign Company 
• Individuals 
• Joint Owners 
• Limited Liability Partnership 
• Educational Institutions/Schools/College/Universities
• Banks/Insurance Companies/Financial Institutions/Stock Market Intermediaries
• Society or Trust or NGOs
• Government Agency/Department/Ministry

Here is a list of documents an applicant must provide to initiate the process of trademark registration in Indore. 

• Power of Attorney with applicant’s signature 
• Company Registration Certificate 
• Scanned copy of the logo 
• Trademark and business details 
• MSME Registration Certificate or Udyog Aadhar Registration Certificate  
• User Affidavit 
• Trademark application form 
• Identity proof of an applicant 
• Address proof of an applicant 
• Contact information of an applicant 
• Board Resolution or Authorisation Letter

To ease the process, the Government of India provides the facility of online trademark registration to all applicants. The process of online trademark registration in Indore involves the following steps.  

Step 1: Visit the official portal of Intellectual Property India to conduct a trademark search. This portal requires some trademark details of an applicant such as the description and class of the proposed trademark. 

Step 2: Proceed for trademark registration through the e-filing portal of the Intellectual Property India website. 

Step 3: The trademark authorities will further evaluate the application form and issue an examination report based on the evaluation. In case the report states any objection against the application form, an applicant will have to provide evidence against it. 

Step 4: Once the authorities approve the application, the registrar publishes it in the Trademark Journal as an advertisement. 

Step 5: The registrar issues a registration certificate and grants trademark rights if one can pass through all the above stages.

Besides this online method, one can also manually apply for trademark or logo registration in Indore. One must follow the given below steps with due diligence to manually carry out the process.

Step 1: Trademark Search

Firstly, an applicant has to check the availability of his desired trademark in the trademark database before registration. One can do this by conducting a detailed trademark search. A trademark search will prevent potential conflicts from arising due to an existing trademark.

Step 2: Documentation and Filing of Trademark Application

Once ensuring the availability of a trademark through trademark search, one has to file an application form and submit it to the Office of Trademark Registry. Besides, an applicant has to provide some necessary documents and a registration fee. 

Step 3: Examination of Trademark Application 

After submitting the application form, the trademark authorities investigate to verify all the documents and examine the application form. The registrar further issues an examination report, acknowledging any concerns regarding the application or documentation. 

Step 4: Publication of Trademark Application

If there are no issues with the application form, the trademark registrar publishes it in the Trademark Journal. This publication allows the public to file their opposition if they have any problem with such registration. 

Step 5: Issuance of Registration Certificate

In case the trademark registry receives no opposition from the public, the trademark registrar issues a registration certificate to an applicant, granting him/her ownership rights. 

Although trademark registration involves a complex and time-consuming procedure, an applicant could benefit from such registration in many ways.

Follow the given below steps to check the trademark application status in Indore. 

Step 1: Log in to the official e-register portal of Intellectual Property India. 

Step 2: On the left menu, select ‘Trademark Application/Registered Mark’. 

Step 3: Choose ‘National/IRDI Number’ as your search option. 

Step 4: Enter your ‘Trademark Application Number’ and the captcha code correctly. 

Step 5: Click on ‘View’. 

The following page will display the status of the trademark application.

All applicants need to submit a trademark fee along with their application form for registering a product and service in Indore. Given below is a list of fees one must pay for trademark or brand name registration in Indore depending on their mode of application. 

• All individuals/start-ups/small enterprises can manually apply for trademark registration in Indore by paying a fee of ₹5000. However, such applicants can also register their trademark online by paying a registration fee of ₹4500. 
• The trademark registration cost for all the other applicants is ₹10000 if they apply manually. However, an e-filing charge for registering a trademark is ₹9000. 

Note: Objections Dependent Charges Drafting legal responses to objections can and would depend on how complex the matter is

Trademark registration provides several benefits to an applicant, some of which are listed below. 

• Protects an identity of a product/service and maintains the reputation of the concerned entity
• Provides a legal right to all applicants to exercise ownership over their products and services
• Helps in asset creation by increasing the valuation of an entity 
• Helps in promoting and representing a product/service and its significant characteristics relating to quality and origin 
• Avoids unauthorised use of the brand name by a third party 
• Acts as a guarantee of certified quality for the consumers and builds reputation and goodwill in a relevant trade market
• Prevent damages arising out of infringement issues 
• Facilitates global trademark registration and further ensures international representation 
• Helps in building brand awareness and loyalty among consumers 

This detailed overview of the process of trademark registration in Indore aims to help all applicants successfully register their products and services themselves. However, one can also choose to appoint a trademark attorney if they need legal assistance.