A Guide on the Trademark Registration Process in India
In the fast-paced, cutthroat digital world, having a distinctive brand identity is crucial for both individuals and corporations. In order to protect this identity and guarantee the uniqueness and exclusivity of products and services, trademark registration is essential. The definition of a trademark, the rules that govern it, the significance of registration, eligible trademarks, and the application procedure are all covered in this tutorial, which delves into the complexities of trademark registration in India.
Table of Content
What is a Trademark?
A trademark is a distinctive and one-of-a-kind identifier that is used to represent products or services offered by a certain person, business, or organisation. It can be expressed using words, phrases, symbols, designs, logos, or a mix of these materials. In order to foster consumer loyalty and trust, trademarks are essential for identifying and setting one brand apart from competitors in the marketplace. It is crucial to remember that the word "trademark" refers to both service marks and trademarks. While a service mark serves the same purpose as a trademark—namely, to identify and protect commodities—it is specifically used for services as opposed to physical things. The following are a trademark's main purposes and attributes:
Finding the Source: Finding the origin or source of goods or services is the main goal of a trademark. Customers link a trademark with a specific business or supplier when they see it, which contributes to the reputation and recognition of the brand.
Legal Protection: The owner of a trademark gains exclusive rights and legal protection upon registration. In order to avoid confusion in the marketplace, it enables the owner to take legal action against third parties that try to use the same or a similar mark.
Protecting Against Fraud and Counterfeiting: A registered trademark serves as a deterrent against fraud, counterfeiting, and the unapproved use of the mark by third parties. It guarantees that consumers receive authentic and high-quality goods and services while also preserving the integrity of the brand.
Trademarking a Brand Name
The brand, its reputation, and your ideas—all of which you surely put a lot of blood, sweat, and tears into developing—are all protected when you trademark the name of your business. Nothing would be worse than failing to protect your brand and possibly facing a lawsuit for infringement from a larger company, even though the trademark registration process itself will take time in all aspects. Through trademark registration online (IP India online), the procedure of registering a brand trademark in India is now feasible and convenient. You can trademark any of the following items or even a combination of them:
Word
Letter
Phrase
Logo
Number
Graphics
Sound Mark
Smell or a mix of colors
Types of Trademarks in India
Each type of trademark in India serves as a unique way to identify products or services. The many trademark categories that are accepted in India are as follows:
Wordmarks: Without any artistic depiction, word marks are made out of words, letters, numbers, or combinations of these elements. It allows for design and font versatility; IBM, Microsoft, Tata, and KFC are just a few well-known examples.
Device Marks: These can be labels, stickers, logos, or any other geometric shape, with or without text. Additionally, these marks may include colours, which must be indicated upon registration in order to be protected. The recognisable Apple logo is a well-known illustration of a device mark.
Colour Trademarks: If a colour combination is unique enough for the general public to recognise the product or brand, it can be registered as a trademark to represent goods and services.
Sound Marks: Sound marks are distinguishing noises that are used to specifically identify the commercial source of goods or services. They are represented using particular sound notations in MP3 format. Yahoo, ICICI Bank, and Nokia are among the companies with registered trademarks in India.
Three-Dimensional Trademarks: The shapes of the products or their packaging fall under this category and need to be different from those of the competition. The shape itself acts as a trademark, allowing customers to identify the products' place of origin.
Smell Marks: A smell mark is a distinct scent that is connected to a good or service. Although they are uncommon, smell stains can be seen in some businesses, especially those that deal with scents and perfumes.
Shape of Goods: If a product's shape is unique and not only utilitarian, it may be eligible for trademark registration. Shapes that are required for a technical outcome or that significantly add value to the products, however, cannot be registered as trademarks.
Eligibility to Apply for a Trademark
A trademark registration application may be submitted by the trademark owner. Once the trademark is officially registered, the individual whose name appears as the applicant on the Trademark Registration form will be recognised as the trademark owner. An application to register a specific trademark may be submitted by any individual, business, or limited liability partnership.
Why Register a Trademark?
India provides a number of strong benefits for trademark registration, including:
Exclusive Rights: The owner of a registered trademark has the sole right to use it in relation to the products or services covered by the registration. It makes it simpler to fight off infringers by offering a legal presumption of ownership and validity.
Monetisation and Licensing: Franchises and licenses for registered trademarks offer chances for income generation and company growth.
Protection from Infringement: Because registered trademarks are legally protected, their owners can file a lawsuit to stop illegal usage or infringement.
Goodwill and Brand familiarity: A registered trademark contributes to the company's goodwill and reputation by fostering consumer confidence and brand familiarity.
National and International Protection: Under the Madrid Protocol, a registered trademark provides protection across India and can serve as a foundation for seeking protection abroad.
Trademark Registry
In 1940, the trademark register was created, and in 1999, the Trademark Act was passed. At present, the Act's functional or operational entity is the trademark register. The trademark registry is a functional entity that enforces all of the laws pertaining to trademarks in India. The trademark register has branch offices in Delhi, Ahmedabad, Chennai, and Kolkata in addition to its head office in Mumbai. Following registration under the Trademark Act of 1999, a trademark is added to the Trademark Registry. Before registering the registration mark, the registrar will verify that it satisfies all Act requirements.
Steps to Register a Trademark
The Registrar Office of Trade Marks oversees trademark registration. There are several procedures to follow when registering a trademark.
Step 1: Selecting a trademark
Don't forget to pick a distinctive and one-of-a-kind mark to symbolise your business. Determining your class affiliation is the other crucial step. The trademark can currently be registered under 45 different classifications of products and services. Classes 35–45 are applicable to services, and classes 1–34 are for products.
Step 2: Conducting a trademark search
After deciding on a mark, it is wise to perform a trademark search to see if it is comparable to a mark that has already been registered. By visiting the Controller General of Patents, Designs, and Trademarks' website, you can either complete this task on your own. You have the opportunity to perform a public search on the website. After selecting this alternative, you should search the online database and pick your class. The other option is to obtain legal assistance, which is the safer choice but will cost money. In the event that your trademark is challenged, overall legal services will be less expensive. They will help you throughout the entire procedure besides conducting the search.
Step 3: Filing application
One application may be submitted for a collective trademark, series trademark, or several types of trademarks. You must complete form TM-A for this. You can register a trademark for multiple classes using this form. There are two distinct pricing bands when submitting this form:
Rs. 9,000/Rs. 10,000- You will be in this category if you are not a person, small business, or start-up. You must pay Rs. 9,000 to file the form electronically, or Rs. 10,000 to file the form in person at the Office of Trade Marks.
Rs. 4,500/Rs. 5,000- You fit into this category if you are an individual, small business, or startup. The fee for electronically filing the paperwork is Rupees 4,500, or Rupees 5,000 for physical submission.
Be careful not to make any mistakes when filling out the form, since this could result in delays or possibly the application being rejected. In addition to filling out all the information, you must include a 9-by-5 cm image of the trademark. Five copies of the same may need to be attached. After that, two copies of the entire file must be filed.
Depending on what works best for you, you can file it online, by yourself, or with an agent. Online file confirmation will be completed instantly, but physical filing confirmation may take up to 15 to 20 days.
Steps for Online Trademark Registration Procedure
Step 1: Look up a catchy brand name online
This is the simplest and most effective technique for any novice to come up with a brand name that is fascinating, modern, and catchy. Since most generic names would already be in the hands of someone, choosing a brand name that is unique and absurd is undoubtedly a smart choice. Furthermore, choosing a name necessitates a brief research step to make sure you are not selecting an already-used brand name. The best thing is that you may develop a distinctive brand name for yourself by coining or inventing words that combine generic terms.
Step 2: Get a trademark application ready
To register a trademark online, the application must be filed with the required supporting documentation:
Depending on your registered business (sole proprietorship, for example), you must provide proof of the directors' identities and proof of address. Proof of identity, such as a PAN or Aadhaar card, may be presented in the event of a sole proprietorship. However, in the case of businesses, the company's proof of address must be provided.
A digital version of the trademark.
The proposed mark's proof of claim, if applicable, is applicable in another nation.
The applicant must sign a power of attorney.
Step 3: Submitting the application for brand name registration
There are two methods to submit the trademark registration application (Form TM-A): manual filing and electronic filing. Selecting "manual filing" requires you to deliver your application for registration in person to the Registrar Office of Trade Marks, which is located in India's major cities, including Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. You will then need to wait a minimum of 15 to 20 days to receive the acknowledgement. However, if you use an electronic filing system, you will be able to get your acknowledgement receipt on the government website immediately. You can use your TradeMark (TM) symbol next to your brand name as soon as you've been acknowledged.
Step 4: Analysing the brand name application procedure
Following the application's delivery, the Registrar of Trademarks will verify that your brand name conforms with current legislation and that you have complied with specific terms. Additionally, there must be no resemblance or identicalness to any registered or pending brands. This is the rationale for our preference for a funny brand name.
Step 5: Your brand will be published in Indian Trade Mark Journals
Your brand name will be published in the Indian trademark journal by the Registrar of Trademarks after the examination process. This is undoubtedly the most crucial step in the trademark registration process, and within four months of the publication date, there shouldn't be any opposition. The Trademark Registrar will issue the Trademark Registration Certificate if there is no resistance.
Step 6: Opposition to Trademarks
The Registrar of Trademarks will provide you with a copy of the notice of opposition if a third party objects within four months of the trademark being published in the trademarks journal. After receiving the opposition notice, you have two months to respond to it by submitting a counterstatement. The trademark application will be deemed abandoned and rejected if the counterstatement is not submitted within two months. This phase won't apply to you, though, if there isn't any objection within four months, and your brand name will move forward with acceptance for the issuing of a Trademark Registration Certificate.
Step 7: Hearing on opposition to trademarks
If there is no trademark opposition, you will not be subject to this phase. The Registrar of Trademarks will, however, forward a copy of your counter-statement to the third party opposing trademark registration if you submit it within two months after the third party opposing your trademark. Both you and the third party must provide evidence to back up your claims. Following the submission of evidence, the Registrar will grant you and the third party a hearing chance. The Registrar will issue an order approving or rejecting the trademark application after hearing from both parties and weighing the facts. Your trademark application will be processed for registration if the Registrar of Trademarks approves it.
Step 8: The issue of the trademark registration certificate
If no opposition is lodged within the allotted four months, or if your trademark application is accepted following a trademark opposition hearing, the Registrar will approve it. You will receive a Trademark Registration Certificate from the register upon approval of your trademark. This will formally attest to the registration and protection of your trademark. The registration will remain in effect for ten years after the application is filed. Following this time frame, trademark registration may be renewed. It is possible to renew forever. You can use the registered trademark sign (®) next to your brand name as soon as you receive your certificate.
Checking the Trademark Registration Application Status
You will be assigned an allotment number as soon as you receive confirmation that your application was filed. Using this allotment number, you can monitor the application's status online. This will take time; if everything is filed correctly, you will know in 18 to 24 months if your application was accepted or denied. This could take longer if there is an issue. Since the filing date determines the file's priority, the longer it takes, the higher the priority your application receives. Another benefit of submitting the application is that, when you obtain your allotment number, you can use the TM sign next to your mark even if it hasn't been granted.
Trademark Symbols
Trade Mark (TM) and Service Mark (SM)
This indicates that an application for trademark registration is still underway, but the trademark has not yet been registered. Its purpose is to alert others to the possibility of infringement. Since the authorities have not yet authorised the application, there is no particular legal importance as such.
R (®) Symbol
As the delighted owner of the recently registered trademark, you have the authority to place the ® symbol next to the trademark once the application has been approved. This indicates that the trademark is formally registered and that any kind of violation by a third party will be illegal. The ® mark does not have to be displayed. However, it gives the trademark owner the ability to recoup all lost income in the event that someone copies the genuine product and sues the third party for infringement. This is due to the court's need for the owner to demonstrate that the infringer knew the brand was registered but nonetheless used it without permission.
C (©) Symbol
The © symbol is typically used to indicate that the owner of a creative work possesses copyright. Artwork, photography, videography, literary works, and software are all included in this. The symbol "©" is always in use. The name of the copyright holder and the year of the work's initial publication in the nation where it was copyrighted are used with the sign. All things considered, there is a lot to know about trademarks and their registration. The applicant must conduct an appropriate study on the process because it is a complex one in and of itself.
Conclusion
Businesses can utilise the trademark registration procedure as a helpful tool to safeguard their brand identification. Every stage, from choosing classes to managing objections and ongoing renewals, contributes a unique level of legal protection. The procedure is not just a matter of compliance; it is also a wise strategic investment that helps a brand establish its ownership and reputation in the marketplace.
FAQ
Q1. Is trademark registration mandatory?
The process of registering a trademark is voluntary. A registered trademark, on the other hand, provides verifiable proof that the owner of the trademark is the one who made the effort to register it. Every court ruling will support the party that registered the trademark.
Q2. What can be registered as a Trademark?
A trademark can be registered for any mark that can be represented graphically and that sets one entity's products or services apart from another. Names, logos, numbers, slogans, three-dimensional marks, and even unconventional marks like noises, smells, or colours under particular circumstances are all included in this.
Q3. What is the validity of a trademark?
The validity of a registered trademark might last up to ten years before it needs to be renewed. However, the renewal procedure can only be started a year before the registered trademark's expiration. Failure to do so will result in the trademark being deleted. Through a process called restoration of the trademark in the prescribed form, the trademark can be restored even after it has been removed
Q4. What are trademark classes?
There are 45 distinct sectors into which the commodities and services are divided. Every sector is called a class. At the time of application, each brand name or logo must be registered under the relevant class. Of the 45 classes, 34 are product classes, and the other 11 are service classes.
Q5. Why should I register my trademark?
By providing legal protection, registration stops unauthorised use of your mark. It also enhances the credibility of your brand.
Q6. How long does the registration process take?
Although the exact time frame may change, it usually takes 12 to 18 months.
Q7. What is the purpose of Publication for Opposition?
Publications for Opposition are used in trademark registration to give the public a chance to contest a trademark's registration.
Q8. What are trademark registration fees?
Individual trademark registration fees are Rs. 10,000. Companies must pay a trademark registration fee of Rs. 15,000.
Q9. Does a trademark help with business expansion?
A trademark creates a link between an organization's clients and its goods. You can build a clientele by producing effective or distinctive goods. Maintaining and growing your clientele is made easier by your trademark. Registering your trademark secures your company's profits and grants you ten years of exclusive usage rights. By launching new items and growing their business, companies can take advantage of a consumer base.
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