What Is a Trademark?
A trademark protects:
- Brand name
- Logo
- Tagline
- Symbol or design
It distinguishes your goods or services from competitors.
Step 1: Trademark Search
Conduct a public search to ensure:
- No identical or similar trademark exists
- Correct trademark class is identified
This reduces rejection risk.
Step 2: Select Trademark Class
Trademarks are categorized under 45 classes:
- Classes 1–34: Goods
- Classes 35–45: Services
Correct classification is crucial.
Step 3: Prepare Application
Prepare:
- Applicant details
- Trademark logo (if applicable)
- Description of goods/services
- Usage date (used or proposed to be used)
Step 4: File Trademark Application
File the application online with:
- Government filing fee
- Digital signature or Aadhaar-based verification
Application number is generated instantly.
Step 5: Examination by Trademark Office
The Trademark Registry:
- Examines legal and technical compliance
- Issues examination report (if objections exist)
Step 6: Reply to Objections
If objections are raised:
- Submit written reply within deadline
- Attend hearing if required
Step 7: Publication & Registration
If accepted:
- Trademark is published in the Journal
- If no opposition is filed, registration certificate is issued
Trademark validity: 10 years, renewable indefinitely.
Part B: Patent Registration – Step-by-Step Process
What Is a Patent?
A patent protects:
- New inventions
- Products or processes
- Technical solutions
Patent protection grants exclusive commercial rights.
Step 1: Patentability Assessment
Check whether the invention is:
- Novel
- Involves inventive step
- Industrially applicable
Non-patentable inventions are excluded by law.
Step 2: Prior Art Search
Conduct a patent search to:
- Identify existing similar inventions
- Assess uniqueness
Step 3: Draft Patent Specification
Prepare:
- Provisional specification (optional)
- Complete specification with claims, drawings, and abstract
Professional drafting is critical.
Step 4: File Patent Application
Submit application online with:
- Applicant and inventor details
- Government fees
- Specification documents
Application number and filing date are allotted.
Step 5: Publication of Application
Patent application is published:
- After 18 months (or early publication request)
Step 6: Request for Examination
File Request for Examination (RFE) to initiate review.
Step 7: Examination & Response
Patent Office:
- Issues examination report
- Applicant responds to objections
- Hearings may be conducted
Step 8: Grant of Patent
If objections are resolved:
- Patent is granted and published
- Validity: 20 years from filing date
Annual renewal fees apply.
Key Benefits of Trademark & Patent Registration
- Legal ownership and protection
- Brand and innovation security
- Commercial licensing opportunities
- Enhanced valuation and credibility
- Protection against infringement
Common Mistakes to Avoid
- Skipping trademark or patent search
- Incorrect class selection
- Poorly drafted patent claims
- Missing deadlines or renewals
Conclusion
Trademark and Patent registrations are strategic assets for businesses aiming for long-term growth and innovation protection. While trademarks secure brand identity, patents safeguard technical inventions. A structured, compliant approach ensures faster approval and enforceable rights.
Disclaimer
This article is for informational purposes only and does not constitute legal or professional advice. Trademark and patent registration processes, eligibility, timelines, and approvals are subject to applicable laws and government discretion. Readers are advised to consult qualified IP professionals before filing or relying on any intellectual property registration.