Trademark Registration

Trademark Registration

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Trademark

  • Trademarks are unique specific signs used to distinguish products or services from a given business. They can be designs, photographs, symbols, or even expressions. It is significant, as it distinguishes your products from the competitions. It can be a part of your brand or product.
  • Trademarks are known as intellectual property, which is protected from infringement. Trademarks are registered in India by the Controller General for Patents, Designs and Trademarks, Ministry of Industry and Commerce, and India's government. Under the Act called The Trademark Act, 1999, you can register the mark. Registration gives the right to sue those who threaten to copy the Trademark. Nor can someone else use a trademark identical to that used by another person.
  • To obtain trademark rights protection, the Trademark Registration must be done. Trademark Registration is vital because it prohibits anyone from copying your Trademark and misrepresenting other goods with your Trademark. Trademarks help consumers recognize the brand and brand value in one look.
  • In comparison to patents, Trademark has no definite expiration period. A patent expires after 20 years of registration. A trademark registration expires in 10 years. Still, unlike patents, a trademark may be renewed for another ten years. This procedure can be carried out indefinitely, ensuring that as long as you continue to renew the mark, it will not expire and remain under the Act's protection.

What are you allowed to trademark?

According to India’s trademark laws, objects such as sound, logo, words, phrases, colors, images, symbols, initials, or a combination of all of these may be marked out. All these should be used to make the company stand out from the rest.

Who can apply for a Trademark Registration?

Private firms, individuals, companies, LLPs, or NGOs may apply for a trademark registartion. In the case of NGOs, LLP’s or businesses, the Trademark must be submitted for registration in the name of the company concerned.

 

Different types of Trademark symbols

  • ® Symbol
    If a trademark is registered, the applicant may start using the ® Symbol to show that the Trademark is registered and protected under Trademark Law from infringement.
  • TM Symbol
     For unregistered trademarks for which the application was filed, the TM symbol is for. Therefore the TM symbol is used to signify a trademark application in respect of the Trademark.
  • SM Symbol
    The 'SM' or Service Mark symbol is used for the service sector, specifically for service mark applications. The SM symbol is used for applications that are filed under class 35-45.

Process of filing of Application for Trademark Registration

The trademark registry does trademark registration. There are only a few steps involved when you plan to register a trademark.

 

Selecting a Trademark:

Remember, it will represent your business to choose a unique and distinctive logo. The other main point is to define which class you belong to. There are currently 45 groups of products and services that allow the Trademark to be registered under. Classes 1-34 relate to goods, and Classes 35-45 relate to service.

 

Trademark search:

After you have selected your Trademark, it is advisable to search to verify whether your selected Trademark is identical to a Trademark already registered. You may also do this yourself by visiting the Controller General’s online directory with patents, designs, and trademarks. You will find a choice on the web site to do a public search. Once you have clicked on this option, select your class and check the online database.

 

Filing Application:

When applying for a trademark registration, there are two choices you can take.

 

– Register a trademark under the class “one.” That is, the Trademark would only be registered for the particular class you have selected. You have to fill out Form TM-1 in this case. The fee payable to apply the TM-1 form is 3,500 rupees. All sums payable for the respective forms can be found here.

 

– The other alternative is to file trademarks for several classes or sequences, or collective marks. You have to fill out form TM-A for this. This form allows registration of the Trademark beyond one class. This form is filed with two different cost brackets:

      Rs.9,000/- , or Rs.10,000/-

If you’re not a start-up, a small business, or an individual, you will fall under that category. s If you file the form in person, you must pay  Rs.10,000  or Rs. 9,000/- for- e-filing .

     Rs.4,500/-, or Rs.5,000/-

You fall into this category if you are an entity, small business, or start-up. The fee for e-filing of the form is Rs. 4,500 or Rs. 5,000/- if you want to file form physically.

 

 

Procedure for Online Trademark Registration.

Step 1: Select the  brand name from the internet

 

This is a fast and easiest way to get a captivating, fashionable, and fascinating brand name for any beginner. Picking up a wacky and quirky brand name is undoubtedly a smart decision because most of the common words will already be in somebody’s hands. Besides, zeroing in on a specific name requires a fast testing process to ensure you don’t select a brand name already in use. The best part here is to invent or coin some terms with a combination of common words to create your exclusive brand name.

 

Step 2: Getting ready of Documents required to submit along with Trademark Registration application

 

The following documents need to be submitted along with the application for online trademark registration

 

a. Business registration Proof: Proof of identity of the company’s directors and proof of address must be provided based on your registered business (sole proprietorship and so forth). In the case of only proprietorship business, the proprietor’s Id proof is viz. You may send a PAN card, an Aadhar card. Whereas in the case of companies the company’s address evidence must be submitted

b. Trademark soft copy.

c. Proof of claim of the proposed mark (which is applicable) can be used in another country.

d. Power of attorney that the applicant must sign.

 

  Step 3: Trademark Registration Filing

 The two different ways of filing the registration are manual filing and e-filing. If you prefer ‘manual filing,’ then you must personally travel and submit your application for registration to the Trade Marks Registrar Office located in the major cities of India such as Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. After that, you must wait for the receipt of the approval for at least 15 -20 days. But in the case of an e-filing scheme, you can immediately receive the acknowledgment receipt on the government website. When you have received your approval, you can use your TradeMark (TM) symbol next to your brand name!

Also, the applicant will have a second opportunity to refill the same SPICe form without any additional charges in the event of a denial due to non-approval of the term. It means you get two chances of filing the same form without paying Rs. 1000/- both times at an extra price.

You can file the SPICe form again from scratch if you fail to get the name accepted in the second go. That will prove cheaper any day than opting for the first alternative. It takes about 2-3 days to complete the process, including the name approval and incorporation.

 

Step 4: Process of examination of Trademark Registration  application

When the application has been sent, the Registrar will review to see if you have met those conditions that align with your brand name, the current law. Moreover, no conflict or dispute should arise with any existing or pending registration brands. This is why we recommended a quirky brand name for you!

 

Step 5: Publication in Indian Trade Mark Journals of your Trademark

The Registrar will publish your brand name in the Indian Trade Mark Journal after the exam process. This is undoubtedly an essential part of the registration of the Trademark, and no opposition should be filed within three months (i.e., 90 days) or 120 days from the date of publication, in some cases. Your brand name then proceeds to acceptance.

         

Step 6: Issuance of Trademark Registration certificate

The Registrar shall accept your application for a trademark if no opposition is filed within the 90-day specified period.

You will use the registered trademark symbol (®) next to your name right from the moment you were issued your certificate.

The registration will be valid for ten years from the date the request is filed. You can then renew the Trademark again after this time. The renovation will take place indefinitely.

 

Please note: In India, only a trademark is protected and valid and does not warrant any international status.

Benefits of Trademark Registration in India.

  • Legal Protection: Trademarks are known as intellectual property upon registration of a trademark and are thus protected from infringement. The registration of a trademark often confers an exclusive right to use the Trademark concerning the "class" of products or services that it represents.
    After the trademark application is filed, the "TM" symbol may be used with your products. The symbol "R" can only be used after you have received your trademark registration. Besides, you can only use the ® Symbol for the goods and services specified in the registration certificate. In the event of unauthorized use of a registered trademark, you can request relief for infringement in the country's appropriate courts.
  • Differentiation of product: Registration of trademarks is distinct from the products or services they represent. Trademark would allow you to distinguish your product from your competitor's products. Also, since registration of a trademark will be valid for the whole class of goods or services so defined, it will help distinguish the products clearly. Customers identify products bearing various trademarks differently, thereby creating a consumer base for the product.
  • Brand recognition: Consumers associate the performance, quality, features, and so on of a product with the company producing those products. They generally identify the product by the logo, which would be a registered trademark. Registration of a trademark enables the identification of the products and services by the company. It also builds associated goodwill for the brand.
  • An asset creation: Trademark registration creates an asset for a company. Trademark is recognized for accounting and income tax purposes as an intangible asset. Trademarks are intellectual property and bear the value of the goods they represent. Trademarks can be sold, franchised, assigned, and otherwise commercially used. You can recognize the value or cost of trademarks in account books and claim a depreciation deduction and acknowledge profits from the same.
  • Business expansion: A trademark establishes a bond between a company's consumers and its goods. You can build a customer base with reliable or unique interests. Your brand helps you maintain and grow your base of customers. Your trademark registration confers ten years of exclusive rights of use and protects your company profits.

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Frequently Asked Questions (FAQ's)

  • What is Trademark Registration in India?
  • In India, trademarks are registered by the General Controller of Patent Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999, and grant the Trademark owner the right to sue for damages when trademark infringements occur.
  • Who gives Indian Trademark?
  • The Trade Marks Registry was established in 1940 in India and is currently administering the Trade Marks Act, 1999, and the rules made under it. It acts as a resource and knowledge center and facilitates in the country's Trademark-related matters.
  • What are the three trademark types?
  • There are three different types of registered trademarks:
    A word, or mark of design.
    A mark of Certification.
    A distinctive design.
  • Can I apply for a trademark in India myself?
  • Yes, it is possible for a common man filing a trademark not to appoint an attorney, mostly when all the laws and rules for a trademark to be filed are adequately set out. Any layman who wishes to register a trademark can apply for it. ... The Trademark issued by the Office / Court is only if the case is won.
  • What digital signature is required for trademark registration?
  • Level 3
    The Controller General of Patents, Design, and Trademarks (CGPDTM) has stipulated a Class 3 digital signature certificate to e-file patents and trademarks in India. Class 3 DSC offers the highest security level and comes with a validity of 1 year, 2 years, and 3 years.
  • Is the logo a trademark?
  • A trademark is usually a word, phrase, symbol, design, or combination of those that identify and distinguish the market's source of goods or services. Your logo is a trademark that identifies the goods or services that you and your company offer.
  • What constitutes a trademark?
  • The brand name is a trademark. A trademark or service mark includes any word, phrase, symbol, device, or any combination used or intended to be used to identify and differentiate the goods/services of one seller or supplier from those of others and indicate the source of the goods/services.
  • What separates TM and R?
  • In general, any person or business may use the TM symbol to indicate that a specific word, phrase, or logo is intended to serve as an identifier for the source of that product or service. ... The R symbol suggests that the word, name, or logo for the product or service is a registered trademark.