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
Process of Trademark Registration
Step 1 – Application for registration made to the registrar
In the first step, the applicant will have to conduct a conclusive search related to the Trademark. Even if the name of the trademark is unique and distinctive, it does not mean that conducting such trademark search is unnecessary. So the applicant will have to get on with going for the process of a trademark search. Conducting a search will defeat any form of unwanted litigation which will waste the time of the applicant. Hence, it is crucial to conduct trademark registration search. Hence the applicant would have to go to the following website for the trademark registration process in India (http://www.ipindia.nic.in/)
Step 2 - File in the Trade Marks Registry within the Territorial Limits
After searching your brand name or the logo for your trademark, you have to consider to file the application within the trademark registry within the prescribed territorial limits of the work. Usually the process happens online nowadays. However, such application process can also be conducted offline. Hence the process of trademark registration in India can be offline and online. For the online process the following link has to be considered for trademark registration in India https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx.
Step 3 - After Acceptance of the application but before registration, the Registrar after hearing the applicant can withdraw the acceptance
In the next step of trademark registration process in India, the registrar after hearing the applicant can withdraw the acceptance of the application. Usually this, process would occur before the registration of the trademark.
Step 4 - On being accepted, the advertisement of the application is made by the Registrar
Once the application for trademark is accepted by the Registrar an advertisement of the same is made in the publications of the office of trademark. During this process, the examiner would examine the above application for any form of discrepancies. Usually this process would take about 12 to 18 months. After such process is complete the trademark examiner can either accept the application conditionally, reject the application or object such application. If the trademark application is accepted by the examiner, then the same would be put for advertisement in the respective journal.
If after the examination, the application is not accepted or accepted with some form of conditions, then the same would be mentioned to the applicant. After such process a month’s time would be provided to the applicant to fulfil all the conditions which are mentioned in the report of the trademark examination. The applicant would have to fulfil the conditions mentioned in the report.
Only when the conditions are fulfilled by the applicant, the trademark or logo would be published. However, the applicant can make an appeal related to the trademark registration After the hearing if the registry feels that such trademark should be allowed to be published in the journal then the same must be allowed.
Step 5 - Other Parties can raise opposition within 3 months of the advertisement
When the trademark or the logo is published in the journal, then the same would be allowed to be opposed by any form of third-party. Usually the time period allocated for opposition of the trademark after publication is 3 to 4 months. However, after three to four months of publication, then there no form of opposition then the same will be considered for registration. Suppose within the period of 3 months any form of opposition arises then the same would be heard in front of the trademark registry for trademark registration.
Step 6 - Registrar May permit for the corrections and amendments, if any
After the above step is complete, the registrar would go for the process of registering the trademark. This step is crucial for the applicant for the process of securing the trademark registration certificate.
Step 7 - The applicant receives a certificate of registration with the seal of the trademark registry
After the above process is complete, the application will go for the process of trademark registry. Here the registry of trademarks would issue a seal of the trademark registry on the certificate off registration of the trademark. This seal would be evidence of official trademark registration for the particular brand or the logo.
Step 8 - The Registration is Granted
When the applicant receives the certificate of registration from the Registrar of trademarks, the registration process related to the trademark is granted for the applicant. Once the trademark is granted it will be with the applicant for a period of 10 years. This is known as the validity of the Trademark Application. After 10 years, the trademark can be renewed.
Hence from the above process of trademark registration, the Trademark can be protected.
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.