Trademark Registration in India2023-08-08T13:06:45+05:30

Trademark Registration Online in India

The owner of the trademark initiates the process of trademark registration by applying for the registration of their unique trademark or brand name with the Trademark Office. This application aims to secure exclusive rights over the trademark.

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    How to Register Trademark in India

    Intellectual Property Rights are an essential asset class for any business, startup, or enterprise. By developing and safeguarding intellectual property, such as Trademarks, Patents, Designs, and Geographical Indication (GI), through proper registration, they can gain a competitive advantage. Moreover, obtaining a trademark registration for the business name/trade name under the Trademarks Act 1999 is essential.

    However, it is important to note that registering a company or business in India does not protect your name/brand name against others who may begin using identical or similar marks.

    A trademark (also known as a brand name) can be a name, signature, word, letter, numeral, symbol, logo, device, packaging label, tagline, shape of goods, or any combination thereof, which distinguishes it from similar goods or services originating from another seller.

    This distinctive sign identifies certain goods or services as those produced or provided by a specific person or enterprise.

    Furthermore, a trademark grants protection to the mark’s owner by ensuring the exclusive right to use it or to authorize another person/entity to use the same in exchange for an agreed consideration.

    Who can file an application for Trademark Registration?

    • An Individual Person
    • Joint Owners
    • Proprietorship Firm
    • Partnership Firm
    • Limited Liability Partnership
    • Indian or Foreign Companies
    • Trust, Society, NGOs
    • Banks, Insurance Companies, Financial Institutions, Stock Market Intermediaries
    • Government Ministries, Departments, and Agencies
    • Schools, Colleges, Institutions, and Universities

    What can be registered as a Trademark

    • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person).
    • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
    • Letters or numerals or any combination thereof.
    • Devices, including fancy devices or symbols
    • Monograms
    • Combination of colors or even a single color in combination with a word or device.
    • The shape of goods or their packaging
    • Marks constitute a 3- dimensional sign.
    • Sound marks when represented in conventional notation or described in words by being graphically represented

    Benefits of Trademark Registration Online in India

    • Exclusivity of the mark

      After registering the trademark, the trademark owner gains exclusive rights over it, ensuring sole ownership and the ability to use it for various goods/services.

      Additionally, the owner can prevent unauthorized use of their brand name or logo, requiring anyone interested in using the registered trademark to obtain prior approval from the owner.

    • Legal protection 

      By registering a trademark, not only does it protect against the unauthorized use of a brand name or logo, but it also grants the power to take legal action against any person/entity or competitor engaging in infringement, misuse, or imitation.

      Furthermore, the owner of a registered trademark can claim appropriate damages and compensation from the person that infringed upon their trademark.

    • Goodwill and Prestige

      Once the trademark is registered, its owner gains the ability to use it for building a franchise model and can sell, rent, assign, or transfer it to any person. Moreover, customers associate the quality of products with the brand name, effectively differentiating them from those of other sellers. The trademark thus becomes a mark of quality goods and services, adding significant value to the business and building goodwill for the brand.

    • Asset to the Organization

      A registered trademark is an intangible asset to the organization. A lot of organization invests a significant amount in the formation of Intellectual Property which in return transforms into Intangible asset for the organization. Moreover, it helps the company to increase the valuation of the overall business.

    • Global Representation

      The owner of the trademark registered in India can further register it in different countries globally. Accordingly, the applicants who wish to register marks outside India can take advantage of the goodwill and reputation acquired and provide evidence of registration in India.

    Different Types of Trademark Symbols

    • ™  ‘TM’ Symbol

      After applying for a trademark, an applicant can use the TM symbol with the brand name while the trademark remains unregistered and the application is pending. Typically, people use it to inform the public about their exclusive claim over the brand.

    • SM SM Symbol

      A Service Mark (SM) is used for trademark applications related to services. For example, if an applicant applies for a trademark concerning Information Technology (IT) services, it is referred to as a service mark. However, for trademarks filed under the service class, either “TM” or “SM” can be used as the mark.

    • ® – R Symbol

      Once the Registrar of Trademarks issues a certificate of registration for the trademark, the applicant can use the R symbol to denote that the trademark is registered and protected against any kind of infringement. However, it is essential to note that using the circled R symbol is not allowed before you receive the registration.

    • © – C Symbol

      The C symbol represents copyright, which safeguards original works of authorship, including literary works, music, dramatic works, pantomimes, choreographic works, sculptural, pictorial, and graphic works, sound recordings, artistic works, architectural works, and computer software. The C symbol is used along with the copyright holder’s name and the year of first publication.

      In India, the use of the C symbol is not mandatory. However, in some countries, it is obligatory to use this symbol to claim copyright protection.

    What does our Online Trademark Registration Package Include?

    • Consultation and selection of Appropriate Trademark Class for Products/Services

    • Preliminary search report of the brand name

    • Documentation and Application for Trademark Registration

    • Government Acknowledgement and Challan after filing Trademark Application

    • Regular updates on the status of Trademark Registration

    Trademark Registration Process in India

    • Trademark Search and Availability Check

      In the very first step, you must provide us with information about the brand name or logo. Furthermore, you need to give us the details of the business you will conduct under the brand name. Subsequently, we will select the appropriate trademark class, conduct a search for the proposed trademark, and inform you about the available options.

    • Documentation and Preparation of Trademark Application

      Once you finalize the trademark, you need to provide us with the required documents as per the checklist. Subsequently, we will prepare the necessary form and application for Trademark registration.

    • Filing of Trademark Application

      Once the Trademark documentation is completed, we will file the Trademark Application along with the submitted documents and pay the required government fees. After successful submission, you will receive the Government Acknowledgment receipt and challan.

    • Start using the trademark with the “TM” mark

      Once the application is successfully submitted, you can begin using the trademark with a “TM” mark till the trademark is registered or refused.

    • Get the Trademark Registration Certificate

      If there are no objections or oppositions to the applied trademark, the trademark will be registered for a period of 8 months to 1 year, as processed by the Trademark Office. You will receive a copy of the Trademark Registration Certificate.

    Documents Required for Trademark Registration in India

    • Brand Name and/or Logo

    • PAN Card of Applicant

    • Address Proof of Applicant (Anyone) – Aadhaar Card/Passport/Driving License

    • Certificate of Incorporation or Registration – In case of Company/OPC/Partnership Firm/LLP/Others

    • MSME Registration or Start-up Registration (Optional)

    • Board Resolution or Authorisation letter

    • User Affidavit (If the Trademark is already used before the date of application)

    FAQ

    Do I need to be physically present during this process?2021-09-17T20:12:03+05:30

    No, trademark registration is a completely online process. All the required documents are filed electronically, so you would not need to be physically present at all. You would just need to send us scanned copies of all the required documents & forms.

    How long does it take for a trademark to be registered?2021-09-17T20:10:52+05:30

    It generally takes about 8-12 months for a trademark to get registered, the processing time at Trademark Office generally depends on many factors. If the Trademark gets objected or opposed by someone it may take a much longer time.

    How to select a brand name or trademark?2023-07-26T19:18:02+05:30

    Trademarks should be short, easy to speak, spell and remember. It should be invented or unique and should not be identical or similar to other trademarks. In addition, it should be invented or unique and should not be identical or similar to any other trademarks. Also, avoid the selection of a geographical name, general words, common personal name, or surname. No one can have a monopoly right on it. Avoid adopting laudatory words or descriptive words.

    I have my brand name and a logo, should I apply for two different trademarks application or file a single application?2023-07-26T19:16:18+05:30

    You can file a single application consisting of the brand name and logo. However, if you want to have the brand name in one application and the logo in another, then you can go for two different applications.

    Will I get any kind of concession if my organization is an MSME or registered under Startup India?2023-07-26T19:15:35+05:30

    Yes, if your Company/LLP/Firm/Any other Organization is registered under MSME or Startup India, you only need to pay 50% of the government fees applicable to a registered entity.

    Should I apply for the trademark as “Proposed to be used” or show the “used since” date?2023-07-26T19:09:46+05:30

    You can apply for a trademark under any one of the options. An applicant can apply for a trademark as “Proposed to be used” when he has not started using the brand name or logo and is yet to launch the product/service in the market. On the other hand, he can show “Used since” along with an affidavit if the trademark has already been used in the market since adoption.

    What is the validity of my Trademark?2021-09-17T14:24:29+05:30

    A registered trademark shall be valid for a period of 10 years from the date of initial application. It has to be renewed every 10 years thereafter by making the required application along with the fees. Don’t worry! You don’t have to reapply for the entire registration process every 10 years. You can get it renewed 6 months before expiry by just paying the nominal renewal fees. You even get a reminder from the Trademark Registry informing about the renewal. If you keep renewing it you can keep the trademark with you for a lifetime.

    What if a similar name is already registered, will I get a trademark for a similar name?2023-07-26T19:08:16+05:30

    As per the Trademark law, if you have been using a certain brand name for many years and have built goodwill attached to your name over the years, you can still be granted registration. In other cases, if your brand name is similar to other registered trademarks, it is difficult to get the registration of your brand name.

    Can an NRI, Foreigner, or entity registered outside India apply for Trademark registration in India?2021-09-17T13:55:09+05:30

    Yes, an NRI, foreigner, or entity registered outside India may obtain trademark registration in India.

    Can any correction be made once the trademark application has been made?2021-09-17T13:50:49+05:30

    Yes, an applicant may before the registration of the trademark can apply in Form TM-M accompanied by the prescribed fee for the correction or any amendment in his trademark application but the basic principle is that the trademark applied for should not be substantially altered affecting its identity or substitute a new specification of goods or services. Subject to these guidelines, minor changes are permissible.

    Can my brand name and company’s name be different?2021-09-17T12:49:00+05:30

    Yes, your brand name/trademark may be different from your company or LLP or Firm name.

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