Introduction: Trademark Registration

In aeon of the competitive market, it is really difficult for entrepreneurs or business operators to establish their business and create a brand of their own.

This is really difficult with the same/ similar product category and class, in order to distinguish them from their competitors; one has to choose way that their name would be enough to identify their product. They even need to protect their product from the miss-branding and also want to build a place in mark then, it is crucial for you to register your brand/logo under the government of India as “TRADEMARK.”

What is Trademark Registration?

A Trademark can be a brand name or logo, taglines, captions, business name etc. In order to take the ownership on the brand name or logo, taglines etc, we need to apply for the Trademark Registration.

Trademark can be a symbol or word, used by the business operator in order to promote their goods or services. In case of similar business objective, it can also be used to discriminate one service from another.

Trademark Registration provides a right or ownership to the business operators, to protect their brand name from the use or misuse by any other.

Is there are any regulations for Trademark registration?

Yes, like any other registration Trademark Registration also has a regulatory body and a well defined act which regulates the whole registration process.

The Trademark Registration is regulated by The Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry; Government of India registers the Trademarks in India, and is regulated by Trademark Act, 1999.

Advantages of Trademark Registration

• It provides legal right and protection to the owner against infringement
• Creates brand value and a place in market
• Provides a recognition of the quality and purity of the product or services
• Helps in establishing goodwill and trust of the products for customers
• Can apply for Global Trademark Registration In future

Elements of Trademark Registration

There are different terms used in the Trademark Act, 1999.  Before the start of the process of filing a trademark application, the applicant must know these terms -

• Trademark Class: The WIPO has divided all goods and services under different categories, these categories are termed as trademark Class. There are in total 45 different classes.

Hence, at the time of the filling, one should be sure about the trademark class under which his business falls. If the trademark certificated is issued, one gets the trademark ownership in the whole class under which the application was applied.

In case an applicant’s product or services are covered under more than one class, then multiple classes can be included in the trademark application.

• The Examination Of Trademark - Once the application is filled; the trademark officer will examine it in accordance with certain guidelines mentioned in the Trademark Act. The officer has right to accept or reject the application.
• Trademark directory - It is the register with a complete list of all registered, un- registered, rejected, objected, expired trademarks. Once can check the existing/ similar trademarks before filling.
• Trademark Objection - Based on the application filled, the Trademark Authority can reject the application if the same or similar trademark is present. In-case if similarity found, the Trademark Authority can object it. This objected report is shared with the applicant or trademark consultant for the revert filing.
• Trademark Objection revert filing – When the Objection is raised by the Trademark Authority, one can revert on it with the supporting argument.
• Trademark Journal - Once the Trademark application is accepted, it is further published in trademark Journal for the public.
• Trademark Opposition – Once the trademark is published in Trademark Journal, it is open for the people to oppose it. If there is any opposition at this stage, the application straight away goes to trademark specialised court for the hearing.
• Trademark Hearing - If the trademark application is rejected, the applicant can apply for hearing with supportive arguments.

Types of Trademark in India

Various types of trademarks are as follows:-

• Product Mark

It helps to identify the products or goods in place of services of the Business operator, e.g. Maggie, coca-cola etc

Covered under Trademark class from 1 to 34.

• Service Mark

It is used to recognize and differentiate the services rather than the goods/products, e.g. McDonalds

Covered under trademark class from 35 to 45.

• Collective Mark

This includes a group of people instead of one single product/service. This Trademark is mainly owned by an organization, institute, or any association that is related to several members, e.g ‘Dr’ is used by a whole group of doctors.

• Certification Mark

It provides the standard certificate to the business operators as proof that they are meeting particular required standards, e.g. Hallmark, ISI, etc.

• Shape Mark/Pattern Mark

This include the pattern is used to differentiate between the products.

• Sound Mark:

This includes the registration of sound graphics, e.g. Nokia Tune

Trademark symbols and their usages

• R Symbol

This is used as soon as you receive a trademark certificate.  This symbol clearly gives the idea that this is the registered trademark.

• TM Symbol

This is used when we have successfully submitted the application for trademark registration.

• C Symbol

Used for copyright content.

• SM Symbol

This is only used by the service industry (covered underclasses from 35 to 45).

Is the registration process for Trademark is online?

The Application for Trademark can be made by any person who is an individual, company, proprietor or a legal entity claiming to be the owner of the Trademark.

How to register for a Trademark in India?

The Trademark registration in India has the following steps:

• Search for unique name
• Search for the relevant trademark class
• Preparing Trademark Application
• Documents required
  • JPEG format of logo
  • Form 48, Signed
  •  KYC  of the owners
  • Partnership Deed/ Incorporation Certificate
  • PAN card of company
• Submit the application (both online and offline modes are available) along with the fees.
• Examining Registration Application
• Publication in Trademark Journals
• Issuance of Trademark Registration Certificate

Validity of registered Trademark

Once Trademark Certificate is grant by Trademark Controller, it is valid for 10 years from the date of filing. Application for the renewal can be filled before its expiry.

Conclusion

Any individual or a company wants to take a legal right on the brand name; logo etc can apply for trademark in India. If a company or individual wish to create a unique identity and wants to enjoy the benefits of the trademark registration, then they must apply for the registration. Along with the trademark registration, the applicant is also receives the power to sue anyone if found using their company’s name and logo without their written consent.