Trademark (TM) Registration
Trademark Registration plays a vital role in enhancing the business image and goodwill. Besides, this registration ensures the unique positioning of goods and services, thereby enabling businesses to reap more profit. In general, Trademark registration serves as a legit instrument that provides comprehensive fencing of the company's intangible assets such as brand name and logo against possible infringement. Getting Trademark registration is a tedious affair considering the quantum of compliance presented in the prevailing Act. Presently, it is governed by the Trademark Act, 1999, which lays down various provisions relating to registration, eligibility criteria, and type of rights accessible to the owner.
Following the Indian Trademarks Act of 1999 (Section 2(zb)), a trademark is a distinctive marker that distinguishes products or services from competitors in the market. It encompasses various elements such as symbols, designs, expressions, or any identifiable feature linked to a specific brand. Remarkably, trademarks are open to ownership by individuals, corporations, or legal entities, making them accessible to a broad spectrum of entities and individuals alike.
Why Should You Register Your Trademark?
Trademark registration protects your rights to use the mark in association with your goods or services. It offers a robust shield against infringement, empowering you to take legal action against unauthorized trademark use. Upon successful registration, your trademark remains valid for ten years from the filing date, with the option to renew it indefinitely.
Types of trademarks that can be registered in India
A trademark refers to a brand or a logo that distinguish one's product from others. Trademark is the legal term for "intellectual property".
Trademark can be a word, name, logo, tagline, symbol, image or a combo of these elements. A trademark identifies the brand owner of a specific product or service.
Below mentioned are the different type of Trademark that stands eligible for registration in India.
Words and service marks- The wordmark is primarily referred to as any mark used to identify the products and services of a particular company or a service-oriented firm. Service marks, on the contrary, are used to indicate the services of a service-oriented firm.
Shape marks- As the name suggests, the Shape marks refer to marks that are the shapes of the product or packaging. It helps distinguish one's product from others on the basis of shape and appearance.
Logos and symbols- Logos and symbols refer to the printed design/ figure or character or painted figures or design denotes the firm's name, service, or product's name.
Collective marks- Collective Marks are vital marks owned by the companies or associations. Such marks impart distinctiveness to the organizational origin. For example, the international charitable trust "Red Cross" leverages such marks to separate its members & services from other identical establishments. Moreover, it deters others from using their mark as they adhere to a global reputation and reliability.
Series Marks- Series marks, aka Series of trademarks, are regarded as a plurality of marks with either a common prefix or suffix. It is a radically new concept, but there are some norms for it in the Trademarks Act of 1999
Certification mark- This mark is registered to ensure conformity with local standards and regulations. Unlike other trademark types, this mark is not used by an individual other than an authorized user. Furthermore, to ensure additional protection, these certification bodies cannot confer certification marks for their own use, as stipulated by the "duty of neutrality."
Who can apply for Trademark Registration?
Trademark registration is open to a wide range of entities and individuals, including:
1. Individuals
2. Joint owners of a company
3. Proprietorship firms
4. Partnership firms (with a maximum of ten partners)
5. Limited Liability Partnerships (LLPs)
6. Indian companies
7. Foreign companies
8. Trusts
9. Societies
This inclusivity ensures that various businesses and entities can safeguard their brand identities through trademark registration.
Choosing the Correct Trademark Class
Trademark classes are a critical aspect of the registration process, as they categorize goods and services into 45 distinct classes. The careful selection of the appropriate class is paramount because it determines the validity of your trademark registration concerning your business's products or services. If your company operates across various areas falling into different classes, it's crucial to ensure that you apply for a trademark under all the relevant classes.
In India, some commonly chosen trademark classes include:
Class 9: Encompassing computer software and electronics
Class 25: Covering clothing
Class 35: About business management and advertising
Class 41: Related to education and entertainment
Trademark Registration: Mandatory Documentations
1. Applicant's identity proof
2. PAN
3. Aadhar Card
4. Passport
5. Certificate of Incorporation (COI), in case of Companies registered under Company Act, 1956 / 2013
6. Logo if it is applicable and available
7. Address proof
Detailed Trademark Registration Process
Following is the step-by-step process of registering a Trademark in India:
Step 1: Conduct the Trademark Search
Many entrepreneurs overlook the significance of a Trademark Search. Having a distinctive brand name or logo in mind is not a fair enough reason to avert a TM search. This aids you to get accustomed to identical trademarks available & it gives a clear picture of where your mark stands. It also provides you with a forewarning relating to trade litigation.
Step 2: Filing Trademark Application
After you are sure that your selected mark or logo is non-conflicting in nature, you can proceed to register the same. The first and foremost step is to file the prescribed application at the Trademark Registry India. Nowadays, the facility of online filing is available to the applicant. After filing the said application, an acknowledgement receipt is generated by the official portal for future reference.
Step 3: Verification of Application and Documents
After application filing, the scrutiny process comes into effect. It is conducted by a designated official known as an examiner. The verification process might take around 12-18 months. After inspection, the examiner may accept the concerned mark absolutely, conditionally or object. If accepted unconditionally, the Trademark in question shall find its way to the Trademark Journal.
If not accepted unconditionally, the stipulates to be met, or the objection would be cited in the examination report & one month time would be granted to the applicant to meet the conditions or response to the objections. If the examiner finds the applicant's response satisfactory, the mark in question shall be published in the Trademark Journal. In case of non-acceptance of response, the applicant would get the chance to represent their case in the hearing. Upon receiving a satisfactory response from the applicant, the examiner may render his/her approval and publish the concerned mark in the Trademark Journal.
Step 4: Publication of Trademark in Trademark Journal
Publishing the mark in the trademark journal helps the authority to invite objections from third parties. In case no objection is raised in the given timeline. The authority may grant their approval to proceed further. On the contrary, if the mark somehow attracts some objections, the authority would conduct a fair hearing.
Step 5: Grant of Trademark Registration by Registrar
Finally, the registrar grants the registration certificate to the applicant in question, which would remain valid for ten years. The registrar shall enclose the trademark office seal on the certificate.
Why The Startup Trends?
Here is why you should choose The Startup Trends for trademark registration online
1. We conduct a thorough search of the TM directory
2. We prepare the authorization letter, so we can file for TM registration on your behalf
3. Our experts guide you with the classes you need to apply under
4. We fill and apply with the Registrar
5. We constantly provide you with updates until the trademark registration process is complete
You get the best support throughout the online trademark registration process and all your queries will be answered.