Trademark Registration

Trademark Registration

Trademark registration provides an exclusive right to the owner and makes its products and services distinctive from others. It is not mandatory by law; however, it is a good idea to get it done for your business name. Are you planning to register your business name as a trademark? Contact us and get your business name registered as a Trademark.

Overview of Trademark 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 compliances 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.

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."

Potential Benefits of Trademark Registration

• Provide much-needed thrust to a brand value which could further be translated into increased sales for the company.
• Facilitate exclusive ownership right to the owner, i.e. ensuring complete fencing of concerned IP asset
• Enable companies to reduce marketing campaign budgets for promoting particular goods and services.
• Create IP assets for the company that can be sold, assigned, franchised, or commercially contracted
• Vest owners with the right to sue the infringer in case of trademark infringement

Trademark Registration : Mandatory Documentations

• Applicant's identity proof
• PAN
• Aadhar Card
• Passport
• Certificate of Incorporation (COI), in case of companies registered under the Company Act, 2013
• Logo if it is applicable and available
• 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 acknowledgment 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 of time would be granted to the applicant to meet the conditions or respond 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.