What is Trademark Registration
A trademark is any mark, logo, name, symbol, letter, figure, word, used by any individual or the company in order to uniquely identify its goods or services from those manufactured or sold by others. Hence, the customers must be capable of distinguishing one’s goods or services from others. Trademark registration is governed by the provisions under Trade Marks Act, 1999. Trademark registration is important as it is legally authorised by the government in order to provide the exclusive rights to the owner for branding, selling, manufacturing and using of the products and services.
Who are eligible to apply for Trademark Registration in India?
Any person whether an individual, proprietor, company or other legal entity who claims to be an owner of the trademark can apply for trademark in India. The application for trademark can be filed and within few days after a grant of registration, one can start using “TM” symbol. 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.
Advantages of Trademark Registration
- It provides exclusive rights to the registered owner
- Legal protection to the owner against infringement
- It creates brand value
- Recognition of the quality of the product or services
- To make place in the international market
- It helps in establishing goodwill and trust for customers
- Trademark is consider as Intangible Assets
- Global Trademark Registration
- Protection for minimum 10 years at low cost
- Allowed Use of ® Symbol on company’s logo
- Attract human resources
Process of Trademark Registration
Documents for Trademark Registration in India
- Details like Name, Nationality & Address of the applicant.
- The incorporation certificate in case of company or LLP.
- In the case of the company which is eligible for the lower filing fee, can refer Udyog Aadhar Registration.
- A detailed description of goods or services represented by the Trade mark.
- Trademark application requires a trademark Class (out of total 45 trademark classes) to be mentioned, but one can also file multi-class (Class 99) Trademark application.
- The power of attorney in Form TM-48 Format (Form of Authorization of an agent) should be signed by the applicant.
Different Trademark Symbols
If you are filing the trademark registration online application, the following can be the brand status.
You can add TM with your logo when the Application is pending for approval. TM mark is only for Products.
You can add SM with your logo when the Application is pending for approval. SM mark is only for Services.
You can add R with your logo when your TM application has been approved by the Registrar of the Trademark Registry.
Types of Trademark Registration
The different types of Trademarks are as below:
- Generic Mark
A generic mark for a trademark, describes qualities, characteristics, or ingredients of the good your business sells.
- Descriptive Mark
A descriptive mark identifies one or more characteristics of a product or service and only serves to describe the product.
- Suggestive Mark
A suggestive mark tells about the goods or services. A mark in this category qualifies for protection without requiring a secondary meaning.
- Fanciful Mark
A fanciful mark is a term, name, or logo that is different from anything else that exists. This category is the easiest for obtaining trademark protection because it typically doesn't compete with anything else or become too generic.
Trademark Registration Certificate Validity
According to Section 25 of the Trade Marks Act, 1999, the period of registration of the trademark is 10 years and after which, it may renew time to time. The notice will be served by the Registrar after the expiration of registration of the trademark to the proprietor/owner. The trademark will not be removed from the register by the Registrar if an application is made in the prescribed form along with prescribed fee and surcharge within 6 months from the date of last expiration. Thereafter such trademark will be renewed again for the period of next 10 years.
Why to choose Enterslice
- We help our clients with support to solve business problems and to ensure continuous networking of your business.
- Enterslice helps in providing various services regarding the Trademark registration process.
- We provide instant response to requests in guaranteed time duration and help you maintain trademark logo.
- We submit the application for trademark registration and track the status on behalf of our clients.
- We at Enterslice also help our clients in post incorporation compliance services regarding trademarks, copyrights and patent registration.