TRADEMARK REGISTRATION IN INDIA

TRADEMARK REGISTRATION IN INDIA

Trademark is classified as an intellectual property so it is protected from infringement.


Overview

In simple terms we can say that Trademark is a unique mark or symbol that distinguishes the goods or services used by one person from that of the others which include the shape of goods, their packaging, and colour combinations and can be represented graphically.
 

Trademark can be a work, logo, mark, brand name, symbol, packaging label, wrapper, etc. Trademark is used as a non-identical symbol, word or logo by an entity to differentiate its product or services from those of others.
 

Trademark is simply a word, logo, name, phrase, logo, symbol, design, image, or a combination of all these elements. The entities are required to register their trademark in order to protect their brand, logo, or symbol from being copied by others. 
 

Trademark registration is a legal procedure and is governed by the Trade Marks Act, 1999. By getting the Trademark registration one can protect their brand, logo or symbol by putting the restriction that the same cannot be used by the other persons.
 

Who can apply for the Trademark Registration?

The following entities can apply for the Trademark registration:

  1. An Individual
  2. Company
  3. Partnership firm, 
  4. Sole proprietorship, 
  5. Society, 
  6. Trust, 
  7. Hindu Undivided Family (HUF),
  8. Association of person
  9. Limited Liability Partnership Firm
  10. NGO
     

Also Read: Trademark Objection In India
 

Advantages of Trademark Registration

The entities enjoy several advantages after getting the Trademark registration and the advantages are as follows:

1.  Brand Recognition: Trademark registration provides brand recognition to one’s product or services. It helps in creating goodwill in the market which is connected with the brand. This also helps the customers to easily identify your brand and remember the same.

2.  Exclusive Right: Trademark registration gives your product or services an exclusive right that no one can use your symbol, brand name, logo, etc without your permission. If anyone uses the same without permission, then you have the right to sue them.

3.  Differentiation of Product or services: The registration helps to differentiate the product or services that you offer from those of the others.

4.  Gives Legal protection: After the registration, if anyone uses your trademark protected symbol or word, then you can sue that person. Trademark is classified as an intellectual property so it is protected from infringement. For the span of 10 years, which is the validity of the trademark registration, no one can use your logo, brand name, word, symbol, etc. without your permission.

After the expiry of the validity period, if not renewed then it can be used by someone else.

5.  Intellectual Property: Trademark is an asset for any entity. It is an intangible asset which is used for accounting and income tax purpose. It is an intellectual property that carries a value associated with the registered products they represent. One can sell, franchise, assign or can commercially use the trademark. Depreciation is charged on the recognized value or cost associated with the trademark.
 


 

Documents Required for Trademark Registration

  • Applicant Name, Nationality & Address 
  • Applicants Identity and Address Proof
  • In case of Company or LLP, Certificate of Incorporation.
  • MSME certificate, if anyone has taken the MSME registration
  • Detail description of goods or services as represented by the Trademark.
  • Trademark class in which your goods or services fall. There are 45 trademark classes, out of these classes you will have to specify in which class description your goods or services falls. A multi-class trademark application can be filed.
  • A power of attorney in Form TM-48 and must be signed by the applicant. Form TM-48 is a Form of Authorization of an agent.
  • Details regarding brand name, logo, word, etc. 
     

Types of Trademark Symbols

There are different types of trademark symbols, which the applicant can use after the application for trademark registration. The symbols are as follows:

1.  ‘TM’ - a symbol

The applicant can add the ‘TM’ (Trademark) symbol with the logo after the submission of the trademark registration application and the same is pending for approval. ‘TM’ symbol is used only for Products.

2.  ‘SM’ - Symbol 

The applicant can add the ‘SM’ (Servicemark) symbol with the logo after the submission of the trademark registration application and the same is pending for approval. ‘SM’ symbol is used only for services.

3.  ‘R’ - Symbol 

As soon as the Trademark registration gets approved by the Registrar of the Trademark Registry, the applicant can use the ‘R’ symbol with the Logo.
 

Types of Trademark

There are different types of trademark on which you can take the registration and they are as follows:

  • Word Mark
  • Service Mark
  • Logos and Symbols
  • Pattern marks
  • Shape of Goods
  • Series Marks
  • Collective Trademarks
  • Three Dimensional Mark
  • Certification Marks
  • Sound Mark
  • Colour mark
  • Geographical Indicators
     

Process of Trademark Registration
 

Step–1: Select and Search the trademark

At first, the applicant has to select a word or logo or mark or name or device that will be registered as trademark for their product or services. The trademark must be a unique one. It should not be identical with any of the existing trademark.

Then after selecting the trademark, the applicant has to make sure that they search for their trademark properly. To search the trademark they can visit the official website of trademark i.e. https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx The applicant should be ensured that a similar trademark does not exist.

If there is any similarity found between their selected trademark and the existing trademark, then the applicant is required to change the same.
 

Step -2: To file a trademark registration application

The applicant has to file the application for trademark registration with the registrar of Trademark Registry after getting ensured with the search, that their trademark is unique and not identical. Trademark registration can be filed both online and offline mode. The applicant has to pay the prescribed fees while making the application.

The requisite details that need to be provided in the trademark application are Name and address of the Applicant; Logo or word or name or device to be used for trademark; jurisdiction (the place where the trademark registration application is being made); Trademark class; Description of goods or services; Whether a trademark is proposed to be used or it is already in use.
 

Step -3: Trademark application verification and examination by the department

After the application is filed, the department will verify the same along with the attached documents. The registrar can accept, reject, object, or refuse the application made by the applicant. The department will do the formality check pass and Vienna codification.

The department will do the proper examination of the application. Generally, the whole examination process takes around 12 to 18 months to get completed. If during the examination any discrepancies are found, then the department will ask for clarification from the applicant and the applicant has to give the proper justification of the same.
 

Step – 4: Publication of the Trademark

Once the Registrar has done a thorough examination of the application, the same will be published in the Trademark Journal. The reason to publish the same is to check whether anyone has any objection to the trademark or not.
 

Step – 5: Certificate of Registration

After 3 to 4 months (approx) from the date of the Trademark publication, the department of Trademark Registry will grant the Registration Certificate. The validity of the certificate is 10 years and the same can be renewed.
 

Also Read: Trademark Renewal in India
 

Time Involved

The whole process starting from the trademark application till the time of obtaining the Registration certificate will take around 12 to 18 months if everything goes smoothly. In case of any discrepancy, the total time may exceed.
 

Prescribed fees

The prescribed fees for Trademark registration is as follows:

In case of online application:

  1. For individual or startup or small enterprise – Rs. 4500/-
  2. For others – Rs. 9000/-
     

In case of offline application:

For individual or startup or small enterprise – Rs. 5000/-

For others – Rs. 10,000/-
 

Validity & Renewal

The validity period of Trademark registration is 10 years from the date of Registration. The same can be renewed by filling the application form TM-R. The renewal application should be made 1 year before the expiry of the trademark registration.
 

Frequently Asked Questions (FAQ’s)
 

What is a Trademark?

In simple terms we can say that Trademark is a unique mark or symbol that distinguishes the goods or services used by one person from that of the others which include the shape of goods, their packaging, and color combinations and can be represented graphically. Trademark can be a work, logo, mark, brand name, symbol, packaging label, wrapper, etc.

Trademark is used as a non-identical symbol, word or logo by an entity to differentiate its product or services from those of others. Trademark is classified as an intellectual property so it is protected from infringement. Trademark is simply a word, logo, name, phrase, logo, symbol, design, image or a combination of all these elements.

The entities are required to register their trademark in order to protect their brand, logo or symbol from being copied by others. 
 

Under which Act Trademark is governed?

Trademark registration is a legal procedure and is governed by the Trade Marks Act, 1999.
 

Who has the authority to issue the trademark registration certificate?

Registrar of Trademark Registry has the authority to issue the trademark registration certificate.
 

What are the types of  Trademark?

The different types of a trademark are as follows:

  • Word Mark
  • Service Mark
  • Logos and Symbols
  • Pattern marks
  • Shape of Goods
  • Series Marks
  • Collective Trademarks
  • Three Dimensional Mark
  • Certification Marks
  • Sound Mark
  • Colour mark
  • Geographical Indicators
     
What are the documents required for Trademark Registration?

The documents required for Trademark Registration are:

  1. Applicant Name, Nationality & Address 
  2. Applicants Identity and Address Proof
  3. In case of Company or LLP, Certificate of Incorporation.
  4. MSME certificate, if anyone has taken the MSME registration
  5. Detail description of goods or services as represented by the Trademark.
  6. Trademark class in which your goods or services fall. There are 45 trademark classes, out of these classes you will have to specify in which class description your goods or services falls. A multi-class trademark application can be filed.
  7. A power of attorney in Form TM-48 and must be signed by the applicant. Form TM-48 is a Form of Authorization of an agent.
  8. Details regarding brand name, logo, word etc 
     
What is the validity period of Trademark Registration?

The validity period of Trademark registration is 10 years from the date of Registration.
 

Can Trademark Registration be renewed?

Yes, Trademark registration can be renewed by filing form TM-R.
 

Within what time the renewal application of a trademark should be filed?

The renewal application should be made 1 year before the expiry of the trademark registration.
 

Within what time one receives the trademark registration certificate?

The whole process starting from the trademark application till the time of obtaining the Registration certificate will take around 12 to 18 months if everything goes smoothly. In case of any discrepancy, the total time can exceed.
 

Who are eligible to file for Trademark registration?

The following entities can apply for the Trademark registration:

  1. An Individual
  2. Company
  3. Partnership firm, 
  4. Sole proprietorship, 
  5. Society, 
  6. Trust, 
  7. Hindu Undivided Family (HUF),
  8. Association of person
  9. Limited Liability Partnership Firm
  10. NGO
     

Conclusion

In order to get the brand recognition, it is advisable to the entities to go for Trademark Registration. This will also help them to create goodwill among the customers.
 

Edited by Minu Mishra

Want to get your business journey featured on CLIQTAX ? Send an email to us at editor@cliqtax.com