A trademark registration provides a distinct identity, comprising a unique name, symbol, words, letters, or graphics that represent a company or business. This symbol adorns the goods and services provided by a business owner or entrepreneur, with the essence of their enterprise. Registering a trademark is important to safeguard its individuality.
Once a trademark is registered in a specific country, it is protected solely within that nation’s borders. For broader international protection, trademark owners must seek registration in the foreign country or countries they wish to register. To simplify this process, reduce redundancy in applications across various countries, and reduce associated costs, the Madrid Protocol was established. In this blog, we shall see the procedure for an NRI to register a trademark.
Procedure for an NRI to Register a Trademark
The procedure for an NRI to register a trademark is as given below:
1. Online Registration through CGPDTM:
NRIs have the opportunity to register a trademark in India by utilising the online portal provided by the Controller General of Patents, Designs and Trademarks.
2. Application Procedure:
The procedure entails searching for and selecting a distinct and exclusive trademark, completing the application form, and electronically submitting all the necessary documents and requisite fees.
3. Registration Timeline:
The trademark registration process is expected to span a period of 18-24 months, during which the application will undergo the necessary examination and approval steps.
Eligibility Criteria for NRI Trademark Registration in India
The eligibility criteria to undertake the procedure for an NRI to register a trademark is as mentioned below:
1. Business Presence or Address Requirement:
To register a trademark in India, Non-Resident Indians must have a business presence or a designated address for service within the country.
2. Uniqueness and Distinctiveness:
The trademark to be registered must possess uniqueness and distinctiveness, ensuring it does not bear resemblance to existing trademarks within the same class of goods or services.
3. Compliance with Legal Requirements:
As per the procedure for an NRI to register a trademark, he must adhere to all legal requirements and regulations stipulated for the process of trademark registration in the country.
Legal Considerations in Trademark Search and Selection for NRIs
The legal considerations in trademark search and selection to undertake the procedure for an NRI to register a trademark is as given below:
1. Trademark Search Importance:
Performing a thorough trademark search is a crucial step to confirm that the chosen trademark does not bear similarity to existing trademarks. This helps in avoiding potential trademark infringement issues. This step is just as important for NRIs as it is for resident individuals in the country.
2. Factors to Consider in Selection:
The factors to be considered for selection process are:
a. Distinctiveness:
NRIs should opt for a trademark that is unique and distinctive, making it stand out in the market and providing legal protection against potential conflicts.
b. Relevance:
Selecting a trademark that is relevant to the goods or services offered is important to establish a strong brand association in the minds of consumers.
c. Marketability:
The chosen trademark should be marketable and appealing to the target audience, aiding in the brand’s successful promotion and growth.
By considering these legal aspects during trademark search and selection, NRIs can enhance the likelihood of securing a strong and legally protected trademark.
Documents Required for NRI Trademark Registration:
1. Passport Copy and Proof of Business Presence:
A copy of the NRI’s passport as well as proof of business presence in India, such as business registration documents or address for service in India.
2. Trademark Authorisation Letter:
A duly signed authorisation letter allowing the designated individual or agent to file the trademark application on behalf of the NRI.
3. Trademark Application Form:
The completed trademark application form, providing all necessary details about the intended trademark and the applicant.
4. Trademark Class and Description of Goods or Services:
Specification of the appropriate trademark class based on the goods or services for which the trademark is being registered and a clear description of the goods or services associated with the trademark.
5. Trademark Specimen and Logo:
A representation or specimen of the trademark as intended to be used in commerce and if applicable, a logo associated with the trademark.
These documents are essential for initiating the procedure for an NRI to register a trademark in India and ensuring compliance with the necessary legal requirements.
NRI Trademark Registration Fees and Timelines
The trademark registration timelines and fees for NRIs is as follows:
Fees Structure:
The fees for NRI trademark registration in India vary based on the number of classes of goods or services for which the trademark is being registered. The fee structure is determined accordingly.
Registration Timelines:
The process of trademark registration for NRIs in India may take a duration of 18-24 months from the date of submitting the application. This timeline includes various stages of examination, approval, and publication.
Examining and Approving NRI Trademark Applications:
The trademark office examines the filed trademark application to ensure compliance with legal requirements and uniqueness. Subsequently, the application is published in the trademark journal for public awareness. Further, if no objections or oppositions are raised within the specified timeline, the trademark is approved for registration.
Opposition and Cancellation of NRI Trademarks
The opposition and cancellation of trademarks for NRIs is governed as follows:
Opposition:
Any individual or entity has the right to file an opposition against a trademark application within the stipulated timeline after its publication in the trademark journal. This allows for a review of potential conflicts or objections to the registration.
Cancellation:
A registered trademark can be cancelled if it remains unused for a continuous period of five years from the date of registration. This provision ensures that trademarks are actively utilised and not held without use.
Final Thoughts
The procedure for an NRI to register a trademark in India requires careful consideration of distinctiveness, relevance, and marketability during trademark selection. Conducting a thorough trademark search to ensure uniqueness and compliance with existing trademarks is vital. The required documents, including a passport copy, proof of business presence, and a trademark authorisation letter, are essential for successful registration.Further, in the procedure for an NRI to Register a Trademark in India, the fees for registration vary based on the number of classes of goods or services. The overall process, from application to approval, may take 18-24 months. Vigilance against potential oppositions and ensuring the continuous use of the registered trademark are important aspects of maintaining a strong trademark presence in the Indian market.
