Trademark Registration in India

Advantages

  • Establishes a public record
  • Right to sue infringers in court
  • Creation of Goodwill
  • Protects the Brand Name

Eligible Category

  • Brand Name
  • Brand Logo
  • Numeric Combinations
  • Name and Surname

    Introduction

    In simpler terms, a trademark means a brand or logo which represents your business.

    It is a visual symbol in the form of a word, signature, a device, or a label or numerals or combination of colours applied to articles of commerce to distinguish and indicate to the purchasing public that is a good manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons to identify their products and/or services. Trademark registration in India laurels your product with an exquisite trademark that makes it superior to other products.

    Trademark registration consultants are highly competent in providing trademark consulting services and they are well-acquainted with all the lawful needs that are important for trademark registration under Trade Marks Act, 1999.

    Legal Requirements for Trademark Registration in India

    The legal requirements for registering a trademark under the Trade Marks Act, 1999 are as follows:

    • Graphic Representation
      The desired mark should be capable of being represented graphically
    • Unique

      The trademark should be unique enough to distinguish the goods or services of one from products or services of others
    • Purpose Defining

      The desired mark should be in used or proposed to be used concerning goods or services to indicate or to stipulate a connection in the course of trade between the services or goods and some person have the right to use the mark with or without an identity of that person

    Trademark registration not only give the brand an exquisite identity but also prevent fraudulent use of the trademark.

    How to Select a Trademark

    A trademark is to be selected carefully while launching a product or goods or services. While selecting a trademark that the scope of legal protection you would obtain depends on the type of trademark chosen.

    One must select a trademark that complies with government rules and can exclusively depict the high-quality & safety of your product or service.

    For selecting a trademark a better strategy would be to adopt a coined word or an arbitrary word which has no reference or relevance to the goods/services upon which it is used.

    Examples include Canon, Lotus Software.
    Advice from trademark registration consultants is yet another safe way to select a trademark that can stand the test of laws and times, as these professionals stay updated with amendments in legal acts and they have a good idea of changes which may arrive.

    To have a broader scope of protection, a trademark should be more distinctive.

    Who can apply for Trademark

    Any person i.e. individual, company, proprietor or legal entity claiming to be the owner of the trademark may apply in writing in prescribed manner for registration.

    The application should specifically contain the goods/services, name and address of applicant and agent (if any) with power of attorney, the tenure for which the trademark is intended to be used.

    Is registration of trademark important?

    Consumers purchasing decisions are always influenced by trademarks and the reputation such brands represent. A trademark indirectly puts forth a wide array of benefits of purchasing a particular brand.There are numerous benefits of Trademark registration.

    Some of the benefits of registering a trademark in India are as follows:- 

    • Protects your Brand Name
      Trademark registration prevents the fraudulent use of your trademark.
    • Builds trust & Goodwill
      Trademark registration built in the trust factor and goodwill among the minds of existing consumers as well as potential clients.
    • A Valuable Asset
      Trademark is a valuable asset that belongs just to you and for you. This asset can neither be snatched away nor be hampered and the benefits from it never perish.
    • Gives uniqueness to the brand and becomes easily Identifiable
      Trademark registration stamps your brand with a unique identity that makes your brand easily distinguished from others.
    • Serves as a lifelong support
      Trademark registration comes with life-time support. The benefits of a trademark are not limited to a certain period of time. It is a lifelong recognition.
    • For business expansion
      Once your trademark is registered, it represents your business even in the absence of your words. It helps you retain your existing customers, give a sense of authenticity to the potential customers and transform your target market into your permanent clients.

    Documents required for Trademark Registration

    Documents which are required for the registration of a trademark are as follows:

    • ID Proof (Driving License, Voter ID card or passport, pan card, aadhar card)
    • Brand Name (a soft copy of brand name and logo to be registered)
    • Power of Attorney
    • Board Resolution (in case the Company is the applicant)

    Trademark Classification and Classes

    Trademark classification and classes lead to the preparation of a hierarchy that showcases which trademark is being adopted under which category. This facilitates the government bodies to easily work with the trademark classes list at national as well as international levels.

    A sum of 45 classes of a trademark is there for different goods and services. Out of the total of 45, 34 is for products while 11 is for services.

    Process of Trademark Registration in India

    The whole process of registration of a trademark can be divided into 5 steps which are as follows:

    • 1

      Trademark Search

      The first and foremost step for the registration of a trademark is to search for the availability of the proposed name. Picking up a brand name that is catchy, different, trendy as most of the generic names would already be in someone’s hands.
      There are two ways to test its availability - one by searching word marks and the second is phonetically under the required class. Once found to be unique you can proceed to the next step.

    • 2

      Submission of Documents

      The next step is to submit the documents and to begin with the same information is submitted to the department in the form of application to be submitted online. Documents can be submitted to Trademark registration consultants and he shall thoroughly check the documents followed by the submission of the same to the Registrar online.

    • 3

      Preparation of TM application

      The Trademark application is prepared in Form TM-A by logging on the portal which can be done by the Applicant/Proprietor or Agent or the Attorney of such applicant/Proprietor or Trademark registration consultants. The relevant information is required to be entered in the respective tabs. The information as entered can be saved and modified before the submission. If you avail the Trademark registration services from the concerned consultants, you keep getting notifications about the status of trademark application via SMS or Email.

    • 4

      Trademark challan

      Upon the successful submission of trademark Application to the registrar in TM-A form, a Challan is generated which contains the trademark application no., date of filing and applicant name along with attorney name. This serves as proof that the application is successfully submitted to the registrar and is pending under the governmental process.

      The evidence of successful applicants must be kept safe with you or if you have extended the responsibility of trademark registration to a Trademark registration consultant,he shall bear the complete responsibility to take care of the same.
      The applicant can start using a filled mark by writing "TM" upon receiving the challan.

    Trademark Registered

    On the successful completion of the above-mentioned four steps, it takes around one year to get the desired mark registered. It is a long process to get the “R” Mark.

    Upon the acceptance of the application request by the registrar, the same is published for four months in the journal for third-party opposition. Further, if no objection is received by the Registrar, then the proposed mark will be registered by him within the period of 6 months which shall be valid for ten years and can be renewed by filing a renewal application within 6 months before the expiry of 10 years.

    Government fees for Trademark Registration

    S. No. Type of application or applicant The amount for Offline Filing (in INR.) The amount for Online Filing (in INR.)
    1. Application for registration of a trademark /collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes. Rs. 5,000 Rs.4,500
    2. Where the applicant is an Individual / Startup/Small Enterprise Rs. 5,000 Rs. 4,500
    3. In all other cases (Note: Fee is for each class and for each mark) Rs. 10,000 Rs. 9,000

    You can simply entrust a recognizable sign, expression or design to your product by choosing a trademark for it. The delegation of the trademark and service mark to your products and services offer a wide array of benefits to your business apart from legal distinguished identification.

    Related Post

    FAQs on Trademark Registration

    Trademark is an intellectual property right consisting of a recognizable sign or a design in order to identify the products or services from a specific source, although the trademarks that are used to identify services are called as service marks.

    A trademark is simply any word, name, symbol etc. which is used to identify and to distinguish the products or services of one specific seller or service provider from those of the other competitors in the market. It also indicates the source of products or services.

    The TM logo granted right after the filing of application indicates an unregistered trademark which is still distinguished from the similar products or services. According to the Trademark Act, an unregistered Trademark does not get a total protection and it cannot be prevented from a third party from using the same mark.

    A Trademark classes refers to the description of goods to which the marks are applicable. It is a procedure by which examiners and the trademark attorneys arrange the required documents including trademark and service mark application.

    The word TM can be used right after the filing of application but usually it takes at least 6 months to get it registered.

    1. ID Proof (Driving License, Voter ID card or passport, pan card, aadhar card)
    2. Brand Name (a soft copy of brand name and logo to be registered)
    3. Power of Attorney
    4. Board Resolution (in case the Company is the applicant)
    • A name (personal or surname of the applicant or the person’s signature)
    • A newly coined or invented word or any other arbitrary word from dictionary, not being vividly descriptive of the character or quality of the product or service
    • Alphanumeric or letters or numerals or combination of them
    • Image, Symbol, Monograms, 3D shapes, letters etc.
    • Sound marks in audio format.

    The Registered Trademarks are valid for 10 years from the date of filing of the application. The trademark owner can file for the renewal of trademark in order to keep it protected for more time prior to the end of the validity.

    Yes, a registered trademark can be transferred from one person to another.

    As far as the Government fees is concerned, the costs for making an online application for the Trademark Registration is Rs. 4500/- and for Small Enterprises and Rs. 9000/- for Big Enterprises for each class of use.

    Yes, a registered trademark can be replaced or be removed on the ground of non-use. Although as excused in clause 3 of section 47 of trademarks act, 1999