How to Start a TRADEMARK REGISTRATION

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Trademark Registration - An Overview

A Trademark is a type of Intellectual Property that includes designs, names, signs, words, or expressions used to identify a product or service and distinguish it from others in the market. The owner of a Trademark can be an individual, company, or organization. Trademarks can appear on labels, packaging, or directly on products. In India, Trademark Registration allows the owner to use specific names, images, symbols, or words to represent a business or its products and services, setting them apart from competitors. Once registered, no other entity can use the same Trademark as long as it remains in use.

Trademark Registration in India grants the owner exclusive rights to take legal action against anyone attempting to use, sell, or copy the Trademark. It also prevents others from using a similar Trademark. After registration, the owner can use the "™" symbol. It’s advisable to seek legal guidance during the registration process, as it involves several steps and requires regular follow-up with the government.

Significance of Trademark Registration in India

  • Builds loyalty and trust among customers nationwide
  • Acts as an asset for the business
  • Represents a unique and distinctive identity
  • Prevents unauthorized use of your brand’s identity
  • Provides legal protection for your brand

Trademark Classes

India recognizes 45 Trademark Classes, categorizing various products and services. Before applying for Trademark Registration, it’s essential to select the correct class, as it will define the scope of protection for your business’s goods or services. If your business spans multiple products or services across different classes, you must apply under each relevant class.

Some important Trademark Classes in India include:

  1. Class 9: Covers Computer Software & Electronics
  2. Class 25: Encompasses Clothing
  3. Class 35: Pertains to Business Management & Advertising
  4. Class 41: Covers Entertainment & Education

Types of Trademarks in India

Several types of Trademarks can be registered in India, all aimed at helping consumers identify the origin of products and services. Below are the different types:

  1. Service Mark
    Similar to a Product Mark but used to identify services rather than products. Service Marks are typically filed under classes 35-33.

  2. Product Mark
    This mark is used for products to indicate their origin and maintain the company’s reputation. These marks are filed under classes 1-34, representing goods.

  3. Shape Mark
    A shape mark protects the distinctive shape of a product, making it easily recognizable and associated with a specific manufacturer. The shape must be unique and notable.

  4. Collective Mark
    This mark is used by a group of individuals or organizations to indicate shared characteristics or features of the products or services they offer. The owner of a Collective Mark could be an alliance, public establishment, or Section 8 Company.

  5. Pattern Mark
    These marks are used to protect the unique pattern of a product, which serves as a distinguishing feature of the product.

  6. Certification Mark
    A Certification Mark indicates the origin, quality, material, or other essential attributes of a product that have been certified by the owner. It assures consumers that the product has met specific standards. These marks are commonly found on electronics, food items, and toys.

  7. Sound Mark
    A Sound Mark represents a distinctive sound associated with a product or service. These are often used as audio mnemonics and typically appear at the beginning or end of a commercial.

Benefits of Trademark Registration in India

Here are some key benefits of Trademark Registration in India:

  1. Product Differentiation
    Trademark Registration helps distinguish your products from those of competitors in the marketplace. By registering your Trademark, you create a unique identity for your product within its respective category. This allows customers to easily identify your products, fostering brand loyalty and recognition.

  2. Trademark Recognition
    A registered Trademark in India is valid for 10 years from the filing date, with the option to renew it afterward. If you plan to use your Trademark internationally, registration in other countries is required. In such cases, your Indian Trademark Registration serves as a foundation for obtaining protection abroad.

  3. Business Expansion
    With a registered Trademark, you can establish a strong customer base, which can help expand your business. Trademark Registration grants exclusive usage rights for ten years, safeguarding your business interests and enabling growth through new product introductions.

  4. Brand Recognition
    Customers often associate product quality and features with the company behind it. By registering a Trademark, you create brand recognition and build goodwill for your business. The Trademark acts as a marketable asset, increasing the perceived value of your brand.

  5. Legal Protection
    As part of Intellectual Property, a registered Trademark is protected from infringement. Trademark Registration provides exclusive rights to use the mark for the specific class of products or services it represents. Once registered, you can use the "™" symbol, and the "®" symbol after receiving the Trademark Registration Certificate. In case of infringement, you have the legal right to take action against anyone who tries to copy, sell, or distribute your registered Trademark without authorization.

Eligibility Criteria for Trademark Registration in India

In India, Trademark Registration can be applied for by individuals, businesses, or non-profit organizations. The eligibility criteria vary based on the type of applicant. Below are the specific requirements for different entities:

  1. Proprietorship Firms
    When filing a Trademark application for a Proprietorship Firm, the full name of the individual owner must be mentioned. The business or firm name cannot be used in place of the proprietor’s name.

  2. Overseas Companies
    An overseas company applying for Trademark Registration in India must file the application under its corporate name as registered in its home country.

  3. Individuals
    Individuals who wish to start a business in the future can also file a Trademark application in India for a name, word, symbol, or design that they plan to use.

  4. Partnership Firms
    For a Partnership Firm, all partners’ names must be included in the application. If the partnership involves a minor, the guardian's name must also be mentioned in the application.

  5. Limited Liability Partnership (LLP)
    The Trademark application must be filed in the name of the LLP. Since an LLP is a separate legal entity, the partners cannot be listed as the applicants, but the application can be signed by any authorized partner or officer.

  6. Society or Trust
    When a Trademark application is filed on behalf of a Society or Trust, the name of the Chairman, Managing Trustee, or Secretary representing the entity must be mentioned in the application.

  7. Indian Companies
    Public Limited Companies, One Person Companies (OPC), and Private Limited Companies must file the Trademark application in the company’s name. As these are independent legal entities, the application cannot be filed by the director alone. However, the application can be signed by a director or any authorized officer of the company.

  8. Joint Owners
    If two individuals are jointly applying for a Trademark, both their names must be included in the application.

Documents Required for Trademark Registration in India

The following documents are essential for the Trademark Registration process in India:

  1. Identity proof of the owner (e.g., Aadhar Card, Passport, Driving License, PAN Card, etc.)
  2. For Limited Liability Partnerships (LLP) or Private Limited Companies, submit the Partnership Deed or Certificate of Registration (COR)
  3. Proof of address (recent utility bills)
  4. Udyog Aadhar Registration
  5. Power of Attorney signed by the applicant
  6. A copy of the logo (optional)
  7. Duly signed Form-48

Form-48: This form authorizes a Trademark Attorney to file the Trademark Registration application on behalf of the applicant.

Procedure for Online Trademark Registration in India

Here is the step-by-step process for online Trademark Registration in India:

Step 1: Trademark Search
Before starting the registration process, it is crucial to conduct a Trademark Search. This helps identify if a similar Trademark has already been registered with the Trademark Registry. The search provides detailed information about existing or pending applications for similar Trademarks.

Step 2: Filing the Trademark Application
Once the Trademark Search is complete, you can file your application with the Registrar of Trademarks. The application must be filed in the prescribed format along with the required fees. You can file the application online or at any Trademark Registrar office with jurisdiction over your state. The application should include:

  • The Trademark (logo, name, or symbol)
  • Detailed description of the goods or services
  • Full name and address of the applicant
  • Whether the Trademark has been used previously

Step 3: Examination of Trademark Application
After submission, the Trademark Registrar will examine the application to ensure that it complies with all legal requirements. The Registrar checks for any similarities with existing or pending Trademarks. It is important to choose a unique Trademark to avoid conflicts during this stage.

Step 4: Trademark Publication in the Indian Trademark Journal
Once the application is examined, the Trademark Registrar publishes the mark, logo, or name in the Indian Trademark Journal. This is a crucial step in the process. The publication allows a period (typically 3 months or 120 days) for anyone to oppose the Trademark. If no opposition is raised during this period, the Registrar will proceed with issuing the Trademark Registration Certificate.

Step 5: Trademark Opposition
If a third party opposes the Trademark within the stipulated time frame, the Registrar will send an Opposition Notice to the applicant. The applicant must respond by filing a counter-statement within two months. Failure to do so will result in the application being rejected. If no opposition is raised, this step is bypassed, and the Trademark moves closer to registration.

Step 6: Hearing on Opposition
If there is an opposition, and the applicant files a counter-statement, the Registrar will forward the counter-statement to the opposing party. Both parties will be given an opportunity to present evidence supporting their case. The Trademark Registrar will then conduct a hearing to consider the evidence and arguments from both sides. After this hearing, the Registrar will issue an order accepting or rejecting the application.

Step 7: Issuance of Trademark Registration
If there is no opposition, or after the opposition process is resolved, the Registrar will accept the application and proceed with issuing the Trademark Registration Certificate. The certificate is issued with the official Trademark Registry seal, marking the successful registration of the Trademark.

 
 
 

How to Check the Trademark Application Status in India

To check the status of your Trademark application, follow these steps:

Step 1:
Visit the official website for Trademark status: https://ipindiaonline.gov.in.

Step 2:
On the left side of the homepage, click on the option labeled "Trade Mark Application/Registered Mark." After clicking, you will see two options: "National/IRDI Number" and "International Registration Number." Select the first option, "National IRDI Number."

Step 3:
Enter your Trademark application number, input the captcha code, and click on the "View" button.

Step 4:
After clicking "View," the status of your Trademark application will be displayed on your screen.

 
 
 

Important Points to Know About Trademark Registration

Trademark Search
A Trademark search is essential to check if a particular Trademark already exists in the Trademark Journal. This can be done using the Indian Trademark Registry database or through third-party websites.

Types of Trademarks
Various types of Trademarks can be registered, including:

  • 3-D Marks
  • Word Marks
  • Series Marks
  • Geographical Indicators
  • Service Marks
  • Collective Marks
  • Certification Marks
  • Colour Marks
  • Sound Marks
  • Logos and Symbols
  • Shape of Goods

Selection of Class
Trademarks are categorized into 45 classes, with 34 representing products and 11 for services. It’s important to select the appropriate class for your product or service during registration.

Validity
A registered Trademark is valid for 10 years, after which it can be renewed. Renewal must be done within one year before the Trademark expires. If not renewed, the Trademark will be removed but can be restored through a process known as Trademark Restoration.

Intangible Asset
A Trademark, as part of Intellectual Property (IP), becomes an intangible asset once registered. It can be transferred, traded, used in commercial contracts, or franchised, offering significant benefits to businesses.

Voluntary Registration
Trademark registration is voluntary, but once registered, it provides strong legal proof of ownership. Legal disputes will favor the party that has registered the Trademark.

Protection Against Trademark Infringement
Registered Trademark owners have exclusive rights to prevent infringement. They can take legal action against unauthorized parties using, copying, or distributing their Trademark without permission.

Trademark Symbols

  • TM or SM: Indicates that the Trademark or Service Mark has been applied for but is not yet registered.
  • R Symbol: Denotes a registered Trademark, granting the owner exclusive rights.
  • C Symbol: Represents copyright, valid for a lifetime, denoting the owner's legal rights over creative work.