What is a Trademark Registration in India?
A trademark can be defined as the registered identity of a brand. Such an identity states the unique individuality and distinctiveness of a brand. This Trademark denotes the source of origin of a particular product or service.
This unique identification helps a trademark owner to distinguish the image for his product or service from other similar products or services coming from different sources.
This identity can be formed in the form of a word, symbol, logo, graphics, photograph, sound, or even smell. It helps customers to be aware of the source of a particular product or service. Hence, trademark registration in India helps in brand recognition, goodwill building, and customer retention for any business.
One can have trademark registration online. Online Trademark Registration can be easily carried out with the help of best in industry professionals of enterslice.
Advantages of Trademark Registration in India
There is an ample number of benefits that are embedded with the Trademark registration in India.
The advantages of logo registration or Trademark or Brand registration are as follow-
The proprietor of a registered trademark is allowed to take action or sue for loss or damages caused by any third party by infringement of Trademark.
Trademark registration creates the intellectual property of a company; trade is an intangible for a company. A registered trademark can be sold or can franchise, or licensed to generate revenue.
Customer prefers to buy product or services from a brand or company whose Trademark is registered. The customer feels secure about the reliability of the brand.
After brand registration, your brand has its own identity. No one can register a company or apply for a trademark in the same or similar business class.
Trademark is considered an intangible asset, and it has its own valuation at the time of the merger or demerger of the company.
International trademark registration
If you wish to register your Trademark in other countries then based on approval of Trademark registration in India, you can apply in other countries. This helps you to recognize and promote your product or services globally.
Allowed Use of ® Symbol
After the Trademark is registered, the proprietor of the brand is allowed to use ® on your logo.
What is the Process of Trademark Registration in India?
The trademark registration cost depends on the nature of Trademark applied. One can get detail information about trademark registration fees from trademark consultants of enterslice The trademark registration process is as follows.
Brand Name Finalization
Search on the Internet and Finalize your brand name after a due check on the IP India website as well as on the MCA portal.
For Logo registration, design a logo. Make sure that it should look great, and it must be not matching with the existing brand.
You need to hire a Trademark Registration Consultant to help you and handle the entire process of Trademark registration.
Online TM Application Filing
Trademark Consultant will file your Application to the IP India website and after a due check of all available records in Public domain.
Application review by the Registrar
Registrar will check the Application, Description, etc. everything is ok. The status will have changed to "formalities check passed."
Examination of Trademark Registration Application
The Registrar will do an examination of the Application; compared with the existing Trademark. There should be no conflict with the existing Trademark, or Application pending for review.
Publication of Your brand in TM journal
After an adequate examination of records, Registrar will publish the brand for inviting the public objection.
Anyone has reason to believe that the proposed Trademark will cause any loss to him then he can file his opposition within 4 months from the date of publication.
The Applicant Company can submit his counter-reply within 2 months' time period after that Registrar will take his call by approving a trademark application or rejecting the Application.
Trademark Registration Online Approval
After No Opposition has been received the Registrar will issue an online Trademark registration certificate to you. It will be valid for 12 years.
Documents Required for Trademark Registration in India
- PAN Card or Passport or Election ID Card
- Scanned copy of Company Registration Certificate
- Signed Trademark application
- TM agent POA
- JPG Format of Logo/Brand Name
- MSME Registration certificate in case applicant is a company
What is included in Enterslice's Trademark Registration Packages?
- Trademark Research: A thorough search & research of the TM directory with a registration class.
- Drafting of authorization letter: We will draft an authorization letter to file a trademark application on behalf of the brand owner.
- Discussion for Logo Registration or Brand Registration: Advice on the classes you need to apply under the trademark act.
- Final Application & Advice on Logo registration: After Client approval on trademark class of registration, we will file an ultimate application for the Trademark.
- We will share online TM acknowledgment so that in the future you can check the status.
What can all be Registered as a Trademark?
The following can be registered as a trademark.
- Any name
- Combination of words
- Letters or numerals or any combination of both.
- Sound Marks
- The shape of goods or their packaging
- Marks constituting a 3-d (3 dimensional)l sign.
Who can apply for Trademark registration in India?
There is no restriction for anyone to apply for trademark registration in India which is as follow-
- An Indian Private Limited or Public Limited company
- A Partnership firm or LLP
- A Proprietor of Firm
- A Foreign company
- A society or Trust or Section 8 NGO
- Any Individuals
What are the Different Trademark Symbols?
If you are filing the trademark registration online application, the following can be the brand status.
- TM – You can add TM with your logo when the Application is pending for approval.TM mark is only for Products.
- SM - You can add 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 Approved.
What is the validity of the Trademark Registration Certificate?
The usual trademark approval usually takes about 6 to 18 months. The validity of the trademark registration term in India is 10 years.
What is Trademark Rectification in India?
After Trademark registration online, the Trademark rectification process allows you to modify or rectify the earlier filled Application. Trademark rectification can also be filed in the following case if –
- Trademark registration online has been filled without sufficient cause or reason
- Trademark is likely to create confusion
- Non-use of a trademark for 5 years
- Non-Renewal of Trademark
- Any rectification or revision or addition