What does Trademark Registration mean in India?
To register a brand, a trademark registration is sought which indicates the unique individuality and distinctiveness of such brand. Source of origin of a particular product or service is defined by this trademark.
Distinguishing the image of the product or service from other similar products or services coming from different sources shall be done by the trademark owner with the help of the unique identification.
A word, symbol, logo, graphics, photograph, sound, or even smell are the forms in which this identity can be formed. It enables the owner to get the awareness about the source of a particular product or service. Brand Recognition, Goodwill Building, and Customer Retention for any business are obtained through obtaining the registration under trademark. Such registration under trademark can be done through online.
What are the benefits for obtaining the Trademark Registration in India
There are numerous benefits of obtaining the Trademark Registration which are discussed below:
Legal Protection
In case of infringement of Trademark by any third party, the proprietor of a registered trademark can take action or sue them for any loss or damages.
Brand Value
In order to generate revenue, trademark registration can be sold or can be franchised, or licensed. It is an intellectual property of a company and an intangible asset for a company.
Goodwill
Such trademark registration offers the reliability to the Customers as they are willing to purchase the goods or services from the company whose brand is registered under trademark.
Identity of Brand
Such registration protects the brand of the company as no one will be eligible to register a company or its brand under the same class as a result brand creates its own identity.
Intangible Assets
Trademark is treated as an intangible asset, and while merging or demerging the company, it has its own valuation.
International trademark registration
In order to promote and get the recognition of your brand in global market, trademark registration in other countries is mandatory.
Allowed to Use ® Symbol
This Symbol ® can be used by the proprietor of the brand on the logo after the successful registration of trademark.
What are the steps of obtaining the Trademark Registration in India?
The cost of trademark registration depends upon the nature of Trademark applied. The following are the steps to obtain the registration under Trademark.
Finalization of Brand Name
Finalizing the brand name through the search over the internet i.e. on the IP India website as well as on the MCA portal.
Designing of Logo
The design of the logo must not be similar to the existing company's logo, moreover the logo must look great.
Consultation regarding the trademark
In order to make the process of registering the trademark a hassle free process, Trademark Registration Consultant must be hired.
Filing of Trademark Application Online
Application of trademark registration shall be filed with the IP India website and after a due check of all available records in Public domain by the Trademark Consultant.
Registrar review of the application
The status shall be changed to the "formalities check passed" after the review of the application and description by the registrar.
Trademark Registration Application Inspection
Inspection of the application shall be done by the Registrar in comparison to the existing Trademark. There must not be any conflict with the existing Trademark, or Application pending for review.
Publication of Your brand in Trademark journal
After an adequate examination of records, public objections shall be invited by the registrar through publishing the brand.
Opposition related to the trademark can be filed by the party if he believes that such trademark can harm him within a period of 4 months from the date of publication of the trademark.
Counter-reply can be submitted by the applicant company regarding the opposition within a period of 2 months. After that, approving a trademark application or rejecting the Application shall be done by the registrar.
Online Approval of Trademark Registration
Certificate of Trademark registration shall be granted by the registrar in case no opposition has been received through online and such registration remains valid for a period of 12 years.
Which documents are required to be submitted for Trademark Registration in India
Following documents shall be required to submit for Trademark Registration in India:
- Permanent Account Number (PAN) Card or Passport or Election ID Card
- Scanned copy of Certificate of Company Registration
- Application of trademark duly signed
- Trademark agent Power of Attorney
- Logo/Brand Name in JPG Format
- Where the applicant is a company, registration Certificate of Micro, Small and Medium Enterprises (MSME).
What things can be registered as a Trademark?
The following can be registered as a trademark.
- Any name
- Combination of words
- Letters or numerals or any combination of both.
- Devices
- Symbols
- Monograms
- Colors
- Smell
- Sound Marks
- The shape of goods or their packaging
- Marks constituting a 3-d (3 dimensional) sign.
Who all are eligible to obtain the Trademark registration in India?
No restriction has been mentioned to obtain the trademark registration in India which is as follow-
- An Indian Private Limited or Public Limited company
- A Partnership firm or Limited Liability Partnership (LLPs)
- A Proprietorship Firm
- A Foreign company
- A society or Trust or Section 8 NGO
- Any Individual
What are the types of Trademark Symbols?
Below mentioned are the brand status for filing the trademark registration online application, the following can be the brand status.
- TM - Such mark is only for the products and can be used in case the application files is pending for approval by adding TM with your logo.
- SM - Such mark is only for the services and can be used in case the application files is pending for approval by adding TM with your logo.
- R - Where approval of the Trademark application has been received in such case, you can add R with your logo.
How long the Trademark Registration Certificate remains valid?
Generally, it takes 6 to 18 months for approval of trademark registration. However it remains valid for a period of 10 years.
What does Trademark rectification mean?
Rectification process is there which allows you to rectify and / or modify the trademark application which is filed earlier through online mode. Following case are mentioned in which rectification can be filed.
- Without sufficient cause or reason, registration of trademark is filed through online mode.
- Where there would have been any confusion in future regarding the trademark.
- Where the trademark has not been used for a period of 5 years
- Non-Renewal of Trademark case.
- Where any rectification or revision or addition is there
Do You Have Any Questions?
Classification of goods and services in 45 classes have been done by the Trademark laws. The applicant is required to provide the class under which they are willing to obtain the registration. Minimum 1 class should be selected by the applicant before filing of online application for trademark registration.
Yes, trademark search on your own is possible by visiting the trademark website and you have to ensure that your business name must not be same as of other registered trademark in the same business activity.
In order to differentiate the business you need to re-design your logo in case similar trademark is opted. Unique logo should be there if you are filing trademark registration application online.
Application for Trademark registration shall be filed in the name of the company.
This case means that there are some compliance issues with the brand and its description by the registrar and rectification form along with a well-drafted reply is required to be filed in order to remove the trademark objection.
The application for publication in the trademark journal shall be approved by the registrar after everything is correct on the examination of the records.
The last stage of registration of trademark is the Advertisement and the Acceptance. The registrar shall wait for any opposition from the general public for atleast 4 months after the advertisement.
From the date of advertisement in the Trademark Journal Trademark, Opposition if any is required to be filed within a period of four months according to the Trademark Act 1999. Counter reply shall be filed by the applicant company within a period of 2 months from the date of opposition and in such situations, it is always recommended to hire a senior Trademark lawyer. Income statement (P&L), Details of marketing expenses etc. may be demanded by the registrar for submission.
Brand name or logo or business name is protected by the registration of trademark. Original works of authorship / creator is protected by the registration of Copyright.
International trademark registration shall be needed in case you want to expand your business in the global market. Registration of Trademark in India shall remain valid in India only.