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.

Startups can build a positive reputation if they have a registered trademark. If a business maintains a good reputation, people are tending to work with and for them. In today e-commerce business trademark is must to protect your brand from copy cats and create a brand value goodwill building, and customer retention for any business.

OVERVIEW OF TRADEMARK REGISTRATION

Trademark is defined under Section 2 (zb) of the Trade Marks Act, 1999 as, “trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.” A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any such combinations.

In simple terms, Trademark is termed as the unique signs that are used to make the goods or services distinguishable from others. They can be designs, pictures, signs, or even expressions. To get the protection of trademark rights, a person /entity has to apply for trademark registration.

Trademark registration helps in preventing others from copying the mark (Registered mark) and misrepresenting other products with the registered mark. Registered trademarks help the customers in recognizing the brand and the brand value at one instance.

A registered trademark is the business’s intangible asset. It acts as a protective cover of the company’s investment made in the logo or brand. Once a trademark is registered, it will be valid for 10 years from the date of filing, further which can be renewed time to time.

Trademarks are registered by – The Controller General of Patents, Designs, and Trademarks, Ministry of Industry and Commerce, Government of India.

ADVANTAGES OF TRADEMARK REGISTRATION

• Exclusive rights to the owner of Trademark

A registered Trademark owner has an exclusive right to utilize the Trademark under the each class where it is registered. The proprietor has the sole authority of a Trademark and others cannot use that mark under the same Class.

• Create Goodwill or Trust

Trademark registration creates an intellectual property, which is an intangible asset for an organization. It increase trust among the customers. A registered trademark is a right that can be sold, franchised or commercially contracted.

• Unique Identity

Trademark registration will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.

• Validity of Trademark

Registered trademark is valid for 10 Years and it can be renewed with minimum fees.

• Makes trademark known

A trademark registration makes the trademark known across the nation and becomes searchable in the trademark database. This prevents competitors and others from using your trademark and puts them on notice.

• Protection against infringement

If any person other than the owner of the wordmark or logo registered under trademark use it without the approval of owner. The owner of the Trademark can get legal protection under the Act and stop other from person doing so.

• To make place in International Market
• Allowed use of symbols on Company Logo

DIFFERENT TRADEMARK SYMBOLS

If you are filing the trademark registration online application, the following can be the brand status.

TM – You can use TM with your logo when the Application is pending for approval. TM mark is only for Products.

SM – You can use SM with your logo when the Application is pending for approval. SM mark is only for Services.

R – You can add R with your logo when your TM application has been approved by the Registrar of the Trademark Registry.

WHO CAN MAKE APPLICATION FOR TRADEMARK REGISTRATION

Individuals, proprietor, partnership firms, LLP, Company, NGOs are eligible for trademark application. However, In the case of Companies, Non-Profit Organizations, LLP’s, the trademark application has to be filed in the name of the concerned business.

WHAT ARE THE TYPES OF TRADEMARK ?

The Trademarks Act, 1999, allows the registration of various types of trademarks such as word marks, service marks, collective marks, certification marks, series marks logos/symbols and many other.

1. Word Marks

Word Marks are the most common types of trademarks that are registered in India. These refer to any marks that are used to identify the products and services of a trading company or service-providing company. If the name of your product or service is text- based (contains text only) it will be registered under Word Marks.

For Example – The word Nestle® is a registered as a Word-Mark.

2. Service Marks

Service Marks represent the service which a company or business deals in. They distinguish different services available in the market and is filed under trademark classes 35-45.  A service mark identifies and distinguishes the source of services rather than goods.

3. Logos and Symbols

A logo is a printed/painted figure/design/character and do not consist of any letters/words/numerals. For word marks that are also used as a logo, the trademark needs to be registered both as a word mark and a device marks.

In India, the registration for both these aspects can be made in a single application.

4. Shape of Goods

The shape of goods are categorized in Trade Dress (appearance of a product) wherein, other than a logo or label a product can also be distinguished based on its packaging.

For example – The bottle of Coca-Cola is distinguished from other brands on the basis of its bottle’s shape.

5. Series Marks

Service marks are trademarks which have a common syllable, prefix or suffix, thus denoting as a family of marks sharing a ‘common name.’ They should differ only as to matters of non-distinctive characters(goods, price, quality or size).

For example – McDonald’s have a series of ‘Mc’ registered as word mark which represents their different product range such as Mc Chicken, Mc Veggie etc.

6. Collective Trademarks

A collective trade mark is a mark that distinguished the goods or services of the members of an association of persons. Such association of persons is the proprietor of the mark in such a case.

For example, ‘CA’ used by ‘The Institute Of Chartered Accountants of India’, ‘CS’ used by ‘The Institute of Companies Secretaries Of India’.

7. Certification Mark

The certification mark is created to show a specific quality standard that the company has met. This means that the public will be aware that the trader’s goods or services are certified as it has met a particular standard, as defined by the certifying body that owns the certification mark.

Certification marks are used to define “Standard” of goods and services.

For Example – FSSAI – Certification for the quality of packaged food products.

8. Geographical Indicators

A geographical indication is used on products to show the unique nature, reputation and quality the products possess based on the place of origin.

The Geographical Indicators are awarded by the GI Registry and is granted to natural, agricultural, manufactured and handicraft products that come from a specific geographical origin.

For Example -Darjeeling Tea is a GI under the Intellectual Property Rights.

PROCEDURE FOR REGISTRATION OF TRADEMARK

Step 1: Trademark Search

Having an idea of unique name is not important but its availability under the applicable class is more important. Professionals can help you to search the trademark availability to save your time and money in time consuming Trademark Registration Process.

Step 2: Filing Trademark Application

After deciding Word Mark or Logo, Trademark Registration application is filed Online. Application can be made for proposed use and also for the brand which are already in use. For the brand which is already in marked who has not registered under trademark can also make an application for registration along with the supporting documents of already used brand name or logo.

Step 3: Examination

The Trademark registration application shall be under the examination for around 12-18 months. Examiner might accept the trademark absolutely, conditionally or object.

If accepted unconditionally, the trademark gets published in the Trademark Journal. If not accepted unconditionally, the conditions to be fulfilled or the objections would be mentioned in the examination report and a month’s time would be given to fulfill the conditions or response to the objections.

Once such response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a hearing. If in the hearing, the examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark Journal.

Step 4: Publication

The main object behind the publication is to give an opportunity oppose to the public. If no opposition is received within time frame of 3-4 months from the date of publication is received, the trademark authority registers the trademark.  In case of receipt of opposition, fair opportunity is given to both the parties in hearing and order is given by the registrar.

Step 5: Registration Certificate

On successful registration of trademark after publication or hearing, r registration certificate under the seal of trademark office is issued.

Step 6: Renewal

The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually.

Documents Required for registration of Trademark

• Name of the Applicant- ID Proof
• Identity Proof of the individual or Proprietor
• Address Proof of the individual or Proprietor
• Type of Business Organization and work Activity
• Particulars of the Business objective.
• Details of Brand and logo.
• Registration address
• Identity and Business Proof
• Details of the tagline used in Logo.

• The power of attorney in Form TM-48 Format (Form of Authorization of an agent) should be signed by the applicant.

The applicant needs to submit their identity proof.

It can be  Aadhar card / Driving license / Passport / Ration card / Voter id.

Time Required for registration of Trademark

The time duration required for Trade Mark Registry to complete formalities is 4 to 6 months. One can use the registered symbol after the trademark is registered and grant of registration certificate. Once a trademark is registered, it will be valid for 10 years from the date of filing, further which can be renewed time to time.