Importance of Trademark Registration in India

Narendra Kumar

24 May, 2019

Why is Importance of Trademark Registration in India?

Importance of Trademark Registration in India is governed by Controller General of Patent Design and Trademarks, Ministry of Commerce and Industry, Government of India. Trademark in India is done for word, name, logo, numerals, slogan, and device. Trademark Registration provides an exclusive right to the owner. Trademark Registration distinguishes the product from other similar product from other businesses. Trademark proves as intangible assets for the owner and protects the brand for a long time.  Trademark provides an exclusive right to the owner to use such words, logos, and slogans.

Trademark in India is registered under Trademark Act 1999. Trademark registration is divided into different categories, which is determined by the nature of the business and the activity they manage. In total there are 45 classes for different products and services. The Authority keeps track of every trademark registered. A registry is maintained for particular goods and services. Thus, it is important while registration to mention the class of the product or service to be registered. Once the Trademark is registered it remains valid for 10 years. However, it can be renewed for next 10 years if the application is made within the stipulated time.

What is the importance of Trademark Registration?

• It provides legal protection against the fake and fraudulent products
• The customer can easily identify the product because of its name or logo
• It creates an intangible asset for the owner, which has an ability to be transferred, sold or franchised.
• Trademark creates trust and goodwill in the minds of the customer because of which many customers are loyal to the product.

What are the documents required for Trademark Registration?

• Trademark or logo or numerals
• Details of the applicant including Name, Address, Type of Business, Business activity and for company place of incorporation.
• The product or service which needs to be registered
• Date of first use of the trademark
• Power of Attorney to be signed by Applicant

What is the Procedure for Trademark Registration?

1. Trademark Search: The most important step in trademark registration is searching. Before making any application for trademark prior research should be done by the agent or the applicant from the available database of government.
2. Trademark Application Filing: Once the trademark search is positive, you can proceed with the application for registration through Agent/Attorney. The application should be filed with due care and in the prescribed, The fees for application filing depends on the class category. If the applicant desires to register the trademark in more than 2 classes, he/she need to pay fees as per the class.
3. Trademark Application Allotment: An Application Allotment number is provided by the Registrar once the application is filed. The status of such trademark application can be viewed online through search facility.
4. Trademark Examination: The application is assigned to the officer in Trademark Registrar Office, who examine the whole application and provides a trademark examination report. The application can be accepted or may be sent to resubmission, for more clarification. However, if the applicant is dissatisfied with the decision of the Trademark authority, he can appeal against the decision of Trademark officer before the Intellectual Property Appellate Board.
5. Trademark Journal Publication: When the trademark is accepted by the registering authority, the predictable trademark is printed in the Trademark Journal. This report is available on weekly basis and comprises all the trademarks registered during that period.
6. Trademark Registration: When there is no opposition to the trademark application, the trademark manuscript and trademark registration certificate will be prepared and sent to the trademark application. Once the trademark issuing authority releases the certificate, Trademark is considered to be registered.

With the rising awareness about intellectual property number of trademark registration is increasing in India. Infringing the registered trademark can have a lot of legal consequences and liability. Infringement may happen if one party uses a trademark which is identical or too similar to a trademark which is already registered by another party, in relation to a product or service which are identical or similar to the product or services which the registration covers.  Trademark infringement is unauthorized use of a trademark without knowledge of the registered owner or any licensees. Hence, it is beneficial to get the Importance of Trademark Registration before it is too late.