Trademark Registration in India

Overview of Trademark Registration

In this competitive era, the only thing that distinguishes a product or service is its brand name and the quality offered. Now, think of a situation, where everyone is free to choose any name for their brand, then you would probably select a name that resembles with the name of any existing big brand, rather than selecting a new name and making efforts to build its value. Therefore, in order to protect this, the concept of trademark has evolved. This means if you have a trademark for your logo or brand name, then no one else will be allowed to use the same name or logo for their brand.

A trademark is just a symbol, which represents that your brand is protected and no one else can use the same name without any permission. In this way, each brand can create its own identity and uniqueness in the market, and this helps the customers in recognizing a brand just by looking at its logo. Say, for example, in the shoe industry, we can easily recognize "Puma" just by looking at its logo. This is what a trademark does for your business.

Protecting your brand identification has become much more important in the current digital world. Trademark registration is still an essential step to ensure the exclusivity and distinctiveness of your goods and services, whether you are starting a new company, or running an existing one.

What is a Trademark?

According to Section 2(zb) of the Indian Trademarks Act of 1999, a trademark is a distinguishing mark that sets goods or services apart from those of rival companies in the market. It includes a wide range of components, including designs, phrases, symbols, and any distinguishable characteristic associated with a particular brand. It is noteworthy that trademarks can be obtained by any organization and individual as this is easily available for anyone who wishes to start his or her own business, the only condition is that your logo or brand name, for which you need a trademark shall be unique and distinct from others.

Who can Apply for Trademark Registration?

Anything like a sound, logo, words, phrases, colors, pictures, symbols, initials, or a combination of all of these can be registered in accordance with Indian trademark laws and regulations.

A trademark application can be submitted by:

• Private companies
• Individuals
• Companies - OPC, Limited Liability Partnerships, Private Limited Companies, Public Partnerships, etc.

Note: Trademarks must be taken for the name of the relevant business or entity in the case of NGOs and LLPs.

Anyone can apply in writing for registration of trademark in the appropriate format, as the owner of a trademark they use or intend to use. The trademark, the products or services, the candidate's name, address, and power of attorney, as well as the duration of mark usage, must all be included in the application. Hindi or English must be used for the application. It has to be registered with the relevant office.

What are the Benefits of Trademark Registration?

The benefits of trademark registration are mentioned below:

Protects the Business Goodwill

The registered owner of a trademark has the authority to develop, promote, and protect the reputation of his or her goods and services. The owner is able to prevent others from making illegal use of his trademark. In addition, one may seek damages for any infringement and file a lawsuit against the violator for dilution of the trade name.

Legal Protection

In the event of infringement, the owner of a registered trademark can take legal actions against the individual who has infringed or violated his trademark and the rights associated with the same.

Creation of an Asset

An intangible asset is created for the business whose trademark has been registered. A registered trademark may be bought, transferred, assigned, franchised, or entered into a commercial agreement to benefit the business or the individual owner.

Promotes Products and Services

The act of registering a trademark gives the business or its products and services a face. This helps in distinguishing the products and services and makes brand building easier. Since trademarks are used by the majority of businesses to define their identity, they play a crucial role in advertising and raising the value of brands.

What are the Documents Required for Trademark Registration?

The following are the informations and documents required for registering a trademark in India:

Name of applicant: The name of the company, individual, or firm that is applying for trademark registration shall be provided.

Type of business: This will include your business structure, such as OPC, LLP, Private limited company, etc.

Business goals: You will be required to provide a description of the goals or objectives of your business.

Name, logo, phrase: Clearly specify and provide the name, logo, or any other phrase that you wish to register as a trademark. A logo is not necessary if a trademark application is made for a tagline that consists just of words. When submitting an application for trademark registration of a logo, make sure it must be in black and white format.

Address of registration: You must provide the address of your place of business for which you are taking the trademark.

Identity and business proofs: The owner of the trademark or a person authorized by the owner of the trademark must provide identification proofs. It might be your voter's ID, passport, driving license, Aadhar card, or ration card.

User Affidavit: This document must be presented in order to assert a specific user data claim.

Evidence of TM usage: Documentary evidence, such as invoices, registration certificates, etc., bearing the brand name, must be provided in order to demand a certain user date.

MSME or Start-up Recognition: To receive a 50% reduction on the government charge, a partnership business or body corporate may provide a certificate of registration under the MSME or Start-up India plan.

Signed Form TM-48: This legal document permits the lawyer to file the trademark with the trademark registration on your behalf.

What is the Trademark Registration Process in India?

The process of trademark registration is discussed below:

Trademark Search

The very first step is to select a unique and distinct name. For that, you will have to perform a thorough research. Trademark Search is done to ensure that your selected name is not already registered.

Since most generic names would already be in use, choosing a unique and out of the box brand name is undoubtedly a smart choice. Additionally, selecting a specific name necessitates a fast research procedure to make sure you are not selecting a brand name that already exists. The best thing is that you may combine some of the newly coined phrases with common terms to create a distinctive brand identity for yourself, and this will also attract customers towards your brand.

Drafting a Trademark Application

To register a trademark online, you must prepare a trademark application, compile it with the necessary documents. Next, you need to submit the application and required documents to the concerned authority in order to initiate the process of registering a trademark.

Submission of Application

There are two methods for submitting the trademark registration application (form TM-A): manual filing and electronic filing. If you select "manual filing," you will need to physically transport and deliver your registration application to the Registrar Office of Trade Marks, which is located in one of India's main cities, that is Delhi, Mumbai, Kolkata, Ahmedabad, Chennai. Following that, you will need to wait a minimum of 15 to 20 days to receive the acknowledgment.

However, if you use an electronic filing system, the government website will quickly provide you with a receipt of recognition. You may use the TM symbol next to your brand name as soon as you get your recognition and till the time your registration is pending.

Review of Application

The Registrar of Trademarks will review your application to make sure that you have filled in all the details and attached all the required documents and everything is correct. Moreover, your selected name or logo shall not be similar to any already registered trademark or any trademark whose registration is still pending. Therefore, it is advised to select some unique names, using a combination of different words or phrases, and before filing an application, make sure to conduct a trademark search.

Publication of Trademark in Indian Trade Mark Journals

Your brand name will be published in the Indian trademark journal by the Registrar of Trademarks after the verification procedure. This is the most crucial stage of registering a trademark. In the trademark journal, your selected mark will be published for a period of four months, and if no objection is raised in the meantime, then you will get a trademark registration certificate.

Trademark Opposition

The Registrar of Trademarks will provide you with a copy of the notice of objection if there is any objection raised by a third party within four months of the trademark publication in the trademarks journal. Within two months after receiving the opposition notice, you must file a counter-statement in response to it. In case you have failed to file a reply to the objection notice within a two-month period, the trademark application shall be deemed abandoned and denied.

If there are no objections raised on your application, then this step will not be applicable to you. Additionally, your application will move ahead to the next step, and you will get the registration certificate for your selected trademark.

Hearing for Trademark Opposition

If no objections have been raised on your application, then this stage will not exist.

The Registrar of Trademarks will, however, transmit a copy of your counter-statement to the third party who has opposed your trademark registration only if you have responded to such an objection within a two-month period.

You and the third party must provide evidence to back up your claims. Following the filing of evidence, the Registrar will provide you and the third party with a hearing opportunity. The Registrar will issue an order approving or rejecting the trademark application after hearing from both parties and reviewing the available information. The Registrar of Trademarks will proceed to grant you the trademark registration if he is satisfied with your claims.

Trademark Registration Certificate

If no objection is filed on your application within four months, or if your trademark application is accepted after the trademark opposition hearing, the Registrar will approve your application. After that, the Registrar will issue the trademark registration certificate with the Trademark Registry seal.

You may use the registered trademark sign (®) next to your brand name as soon as you get your certificate.

What are Trademark Classes?

All products and services are divided into 45 trademark classes for classification. The classifications you choose for your trademark registration will decide whether it is still valid for the goods and services your company offers, so you must choose them carefully. You must make sure that you are able to file for a trademark online under each of the relevant classes if your company offers a variety of goods and services that are classified under different headings. Among the 45 trademark classes, the 1 to 34 classes are for goods, and from 35 to 45 are the trademark classes for services.

For example, trademark class 9 is for computers, software, etc. So, if you are starting a computer company, then you must register under this class and you cannot keep the name of your company as Lenovo, as it is an already registered company in this class. But, in case, you are a vehicle company, then you must register a trademark under class 12, and in this case, you are allowed to use the 'Lenovo' for your vehicle company as it does not fall under the same class.

Still, you must always focus on choosing a purely distinct name, so that you won?t face any kind of issues in the future.

Why Choose PSR Compliance for Trademark Registration?

You must select PSR Compliance for online trademark registration as we look over the TM directory in great detail and conduct trademark searches with full accuracy. Our professionals help you choose the classes you must apply for. Moreover, we fill and submit applications to the Registrar. Most importantly, we keep you informed at all times until the trademark registration procedure is finished.

During the whole online trademark registration procedure, you receive the greatest assistance, and all of your questions will be addressed by PSR Compliance.

Frequently Asked Questions

Q1. What is trademark infringement?

The unapproved use of a trademark or service mark in connection with products and/or services in a way that is likely to lead to misunderstandings, deceptions, or confusion regarding the source of the products and/or services is known as trademark infringement.

Q2. Is there any requirement for a digital signature in trademark registration?

Yes, it is required by law for applicants to verify all the information they provide, including the trademark registration application using a digital signature. You may e-verify all the papers with the assistance of our professionals.

Q3. What is the validity of trademark registration?

A trademark that is registered in India is valid for ten years after the application is filed. The trademark may, nonetheless, be renewed once again.

Q4. When can I use “TM” and '®' in a trademark?

The ® symbol may be used once the company's trademark has been legally registered. On the other hand, if a trademark is pending for registration for a particular goods or services, the TM sign may be used.

Q5. What is a trademark search?

Using trademark search, you can quickly perform a basic trademark search and ensure whether your selected mark is not already registered. It is recommended that you hire an expert to do in-depth trademark research.

Q6. Can I file a trademark on my own name?

While major organizations would want to register it under the company's name, many start-up founders do it under their personal names. This is because the existence of startups is uncertain in the long run. No matter how the business is doing, the trademark would be legitimate if it belonged to the founder. However, in this instance, a trademark license agreement is necessary.

Q7. How to Check Trademark Registration Status?

To check trademark registration status, visit the official trademark office website, use their search tool, and enter the trademark details.

Q8. What is the Tradmark Registration Fees?

Trademark Registration Fees will vary for individual marks, series of marks, and collective marks, with charges applied on a per-class basis.