Overview
A trademark is a form of intellectual property that consists of any word, symbol, sign, design, phrase, or combination of these that identifies and differentiates the product or services. We also can say that the word trademark includes “Trademark” and “Service Mark”. The trademarks in India are regulated under the Trade Marks Act, 1999 (‘Act’) and Trade Mark Rules, 2017 (‘Rules’). Trademark owners can be individuals, organizations or legal entities.
Trademark Registration is not mandatory in India, it is voluntary under the Act and is denoted by the symbol ® if the trademark is registered and symbol ™ if the mark is being claimed. As a consultant, we advise you to file the registration of a trademark before starting any business. It helps to create a brand and unique identity.
Why
1. Brand Reputation
Trademark registration provides the brand reputation of the product and services. It helps to make a unique identity in the consumer's mind.
2. Legal Protection
Trademark registration provides legal protection to the brand and gives the right to the owner who has the sole right to use that logo/word of the trademark.
3. Business Expansion
Trademark registration provides an opportunity to expand a business. It helps to retain loyal customers and protect the goodwill of your business.
4. Financial Benefits
Trademark Registration provides many financial benefits to the business in the form of increased profits, and loyalty and enhances the growth of the business.
5. Build Trust
Trademark Registration builds trust in the minds of the customers and assures them that the goods or services of a business are unique in the market.
Process
The trademark registration process is as follows:
1. Trademark Application Filing: - The first step is to file a fresh Trademark application with all the necessary details and submit it along with the required documents.
2. Issuance of Examination Report: - The submitted application is reviewed by the trademark officer for any correctness and an examination report is issued for the any correctness.
3. Filing a Reply to the Examination Report: - If the applicant is found violating section 8 or 11 of the Trademark act 1999, the office shall send the trademark report with objection and similar brands under the class.
4. Show cause hearing: - In case the reply to the examination report does not satisfy the trademark officer, the trademark applicant also has the right to attend the hearing.
5. Publication of mark in ™ Journal: - Once the application is accepted for the proposed trademark, it is published in the trademark journal so that the public can have an opportunity to object to registration if it’s affecting their brand value.
6. Registration of Trademark: - If no objection or opposition is found against the proposed registration, trademark registration is issued in the favour of the applicant.
Documents
For trademark registration, various documents are required and these documents can vary as per the business type, for more detail have a look below:-
In the case of Individual
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Logo or trademark or trade name in JPEG/PNG format
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Active email ID and mobile number of the applicant
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Self-attested copy of PAN card and Aadhaar Card of the applicant
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Self-attested copy of GST certificate, if available
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Self-attested copy of Udyam registration certificate, if available
If the applicant is an entity, then additional documents required
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Certified copy of Registration Certificate (RC)
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Certified copy of Bylaws or Partnership Deed or LLP Agreement
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Certified copy of the Pan Card of the Entity
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Certified copy of Board Resolution
If the trademark is already in use, the additional information and documents required
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Date since using the Trademark (DD/MM/YYYY)
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Proof of use, like domain purchase proof, sale bill, purchase bill or anything else
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Proof of continuity like a bank statement, government tender or any legal document
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Affidavit verifying the use of Trademark along with Declaration
Fees
The government fees in India for trademark registration is as follows:-
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₹ 4500/- (Individual/ Proprietorship Firm/ MSME Unit) Each Application
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₹ 9000/- (Other than MSME Unit or Company) Each Application
Timeline
The complete trademark registration process can take up to 3 to 4 months, as there are numerous factors that can increase or reduce time period such as objections, and hearings.
FAQ's
Generally, the validity of the trademark is up to 10 years and after that one-time renewal for the next 10 years.
There are various things that can be registered as trademarks such as names, words, numbers, letters, devices, slogan signatures, shapes, sounds, patterns, labels, tickets, and packaging.
After you complete the application and receive the acknowledgment, you can use the symbol.
The registered trademark under Trademark Act, 1999 is valid only in India.
The following entities can register a trademark in India:-
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An Individual
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Joint owners
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Proprietorship firm
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Partnership firm
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Limited Liability Partnership/LLP
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Indian Company
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Foreign Company
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Trust or Society
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Start-up and small Companies
There are 45 trademark classes, according to which goods and services are being classified. The form allows you to register your trademark in more than one class. The Trademark Class 1 to Trademark Class 34 signifies a specific category of goods and Trademark Class 35 to Trademark Class 45 signifies a specific category of services.
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It identifies the product or services in the form of differentiating/distinguishing them from the competitors’ products or services.
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It guarantees its quality since the trademark is registered only after when the concerned department checks and satisfies fully of its quality.
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It advertises the product as after becoming a registered owner of the trademark, it gains popularity/uniqueness in the market.
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It creates an image of the product in the minds of the consumers.
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Earns greater goodwill in the market.
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The mark which would be likely to deceive or create confusion.
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A mark containing indecent matter.
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A mark containing any matter which is likely to hurt religious propensity of any class or others.
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A mark which is prohibited to be protected in the court of law.
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A mark which is identical or similar to a trademark which is already registered in respect of the same product or service.
There are various types of trademarks which can be registered like:
1. Word Marks: The word marks are the simplest form of trademark which consist of words, symbol, letter or numbers.
2. Product Marks: The product mark is used for the identifying goods or products.
3. Service Marks: Similar to product mark, but this mark is for identifying the services.
4. Collective Marks: Used by group of goods of services to identify goods or services originating from its members.
5. Certifications Marks: The mark issued by the certifying body to guarantee that product or services meet the specific standard set by them.
6. Shape Marks: The shape mark protects the unique shape of a product.
7. Design Marks: The design marks consist of logos, graphics or symbols.
8. Combined Marks: These combined marks consist of both words and design elements.
9. Sound Marks: Sound marks protect distinctive sounds associated with the brand.
10. Device Marks: Device marks are in the form of a symbol, image or logo which is applied keeping in mind the distinctive characteristics of the same.
There are some of the challenges a person may face in the process of trademark registration:
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Careful Examination: For initiating the trademark registration process, it is advisable to be very careful while reviewing the category of the goods and services under the 45 categories prescribed as it can be challenging for many people.
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Identical Marks: If business file application for trademark that is very similar which already existing one, there are chance of objections being raised by the department
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Opposition Proceedings: A third party may file an opposition during the publication of the trademark in the journal.
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Classification of Goods and Services: A problem can originate if the classification from goods and services is not properly classified as the trademark registration is highly dependent on this classification since the department prima facie checks the class under which the trademark is applied for.
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Improper Trademark search: It is always prescribed that a person conduct a trademark search before registering a trademark, it is very time consuming.
