A Trademark is a unique identity which makes your product or service different from the rest. Such unique identity can be a logo, slogan, photograph, word, smell, sound, a combination of colors or graphical designs. In India, most of the business establishments register name or logo only. Hence, if you have developed a unique design or logo, then it can only be protected and called your own as and when it is patented.
Trademarks, in legal term are known as intellectual property and needs to be protected from infringement. Trademarks with its rights are protected under the Trademark Act, 1999 in India.
Trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government of India under the Trademark Act, 1999.
If your trademark is registered, you have the right to sue against those who tries to copy your trademark.
Hence, nobody is allowed to use a similar trademark to the one which is already registered by another person.
Who can apply for Trademark Registration in India?
Any person which can be
Any other legal entity
who claims to be owner of a trademark can apply for its registration.
The application for a trademark can be filed with the Trademark Registry online and is fast and immediate. As soon as you apply for the trademark, you can use the symbol “TM” on your trademark.
Advantages of Trademark Registration
There are various advantages of registering a Trademark. Some of them are as follows:
Registered Trademark gives you a legal protection against the one who tries to copy your trademark. You can raise the issue legally and can sue them.
Helps a product or service to build trust, quality, reliability and goodwill amongst the customers
Gives unique identity to your business products and company, thus creating a brand value
Gives recognition to your products in the global market
Helps in differentiating goods from the competitors
Helps in increasing the volume of sales
A Trademark once registered in India is allowed to be filed in other countries also.
Different types of Trademark Symbols
Your online brand status of trademark application can either be:
TM: You can use this symbol when your application is pending for approval and is applicable for products only
SM: You are allowed to use this symbol when your application is pending for approval and trademark is related to services only
R: As soon as your application is approved by the Trademark Registry, you can add symbol R with your logo
Documents Requirement for Trademark Registration
Legal Window helps you to register your trademark and file an application regarding it. You can just sit back and can allow us to file your trademark on behalf of you. We will be requiring an authorization letter duly signed by you to proceed with the registration process. The information and documents requirement for Trademark Registration are as follows:
Name of the Applicant (Individual or Company)
Type of Business
Objective of Business
Certificate of Incorporation in case of company and LLP
Identity proof of the individual applicant like Aadhar Card, Passport, Driving License or Voter’s ID
MSME Certificate, if available
Detailed description of goods or services
Trademark Class or classes (Your proposed trademark can full under any one class or in multi-class)
Power of Attorney in Form TM-48 Format duly signed by the applicant
Process of Registration of Trademark
In India, trademark registration is done by the Trademark Registry. As soon as you plan to register a trademark, follow the below steps to proceed:
Selection of Trademark: First of all, choose a unique and distinctive trademark which will represent your goods and services or business or company.
Selecting the class of Trademark: You need to identify the class to which your trademark belongs to. There are currently 45 classes of goods ans services under which your proposed trademark can be registered. Classes 1-34 are for the goods and 35-45 are for the services.
Conduct Search for your trademark: As soon as you have chosen the proposed trademark, you need to conduct a search whether your trademark is not similar to the already registered trademark.
Contact Legal Window which will help you to conduct search and lock a unique trademark for you.
Filing of online Application: There are two ways in which you can file your trademark:
The first option is to File your trademark under “one” class which means that the trademark will be registered only for the particular class which you have chosen. Here, you need to file Form TM-1
The second option is to file your trademark under multiple classes. For this, you need to file online form TM-A which helps you to register your trademark in more than one class.
The application is filed to the Trademark Registrar within the jurisdiction of your workplace.
Acceptance of Application: This stage comes before final registration of your trademark. Your application might be accepted or may be opposed. In case your application is accepted, your trademark application will get advertised in Trademark Journal. However, in case of any objection, a hearing will take place
Registration of Trademark: In case there is no objection against your trademark during its advertising period in Trademark Journal, you will receive the Certificate of Registration with the seal of the Trademark Registry and registration will be granted to your trademark.
Validity of Trademark Registration Certificate
As per Section 25 of Trademarks Act, 1999, the period of registration of your trademark is 10 years from the date of registration. After every 10 years of its expiration, you need to renew it from time to time. A notice for the same will be given by the Registrar to the applicant few months back before its expiration.
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LegalWindow.in is a professional technology driven platform of multidisciplined experts like CA/CS/Lawyers spanning with an aim to provide concrete solution to individuals, start-ups and other business organisation by maximising their growth at an affordable cost.