Trademark Registration
Trademark Registration
It is defind The term of trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand. Trademarks are generally considered a form of intellectual property and may or may not be registered.
They are used to identify and protect words and design elements that identify the source, owner, or developer of a product or service. They can be corporate logos, slogans, bands, or the brand name of a product.
Meaning of the Trademark
A trademark is a unique mark or sign representing a business that distinctively identifies it from another firm and builds its credibility. You will spot or say recognise trademarks of your business in the Name of Your Business, Brand Name, Label, Product Name, Logo, Punchline, and the Domain Names. It is necessary to identify and protect all the Intellectual Property Rights of your business, including Trademarks. Setindiabiz is actively helping over eleven thousand entrepreneurs in the registration and protection of their IPR.
Trademark Registration
A Trademark is a sort of Intellectual Property including design, name, sign, word, or expression which recognises a product or service of a particular company from others in the same market. The owner or proprietor of a Trademark can be a company, organisation or any individual. A Trademark may be seen on a label, a package, or on the product itself. In India, Trademark Registration allows the owner to use names, images, symbols, or words to represent a business or product provided by a company or a business to differentiate the products or services. Once the Trademark is registered in India, no other business or organisation can use it as long as it remains in use.
The Trademark Registration in India also provides the exclusive right to sue others who try to use, sell, or copy your Trademark and prevents others from using an identical Trademark to the one registered by you. Once your Trademark is registered, then the owner can use the TM symbol on it. So it is advisable to get Trademark Registration under the proper guidance of a legal expert because the registration process of a Trademark has various steps, and it also requires regular follow-up from the Government.
Benefits of Trademark Registrations
- Trademark Registrations is an Asset. …
- Cost Effective. …
- Trademark Registrations is valid for 10 Years. …
- Trademark registrations can be enforced against Company Name. …
- Protects investment in Advertising & Branding. …
- Protects against unfair competition. …
- Getting a Trademark Registrations is Easy.
Trademark Registrations validity
The trademark is registered it will be valid for next 10 years. In between these 10 years, no legal obligations, no fees and other statutory requirement regarding maintain trademarks to be done. Also just before the expiry of trademark certificate, it can be renewed just like passport and the owner can protect the trademark by the third party. If we closely notice, the trademark registration is much cheaper than domain registration in the long term and can be maintained forever.
Reference documents
- Trademark Law and Practice – Summary of replies to questionnaire
- Representation of Non-Traditional Marks & Areas of Convergence
- Trademark Opposition Procedures – Areas of Convergence
- Grounds for Refusal of all Types of Marks
- Technical and Procedural Aspects Relating to the Registration of Certification and Collective Marks
- The Protection of Country Names Against Registration and Use as Trademarks
Documents Required for Trademark Registration in India
- Submit any identity proof of the owner (Such as Aadhar Card, Passport, Driving License, PAN Card, etc.);
- In case of Limited Liability Partnership or a Private Limited Company submit Partnership Deed or Certificate of Registration (COR);
- Submit the address proof (all the latest utility bills);
- Udyog Aadhar Registration;
- Power of Attorney signed by the applicant.
- Submit a copy of the logo (optional);
- Duly-signed Form-48.
Form 48 – This form is an authorisation from the applicant to a Trademark Attorney for filing an application for Trademark Registration on their behalf.
Who Can Apply For a Trademark?
In the Trademark Registration form, the person whose name is mentioned as the applicant will be declared as the owner of the trademark once the trademark is successfully registered. Any individual, a company and an LLP can be an applicant and may file the application for the registration of the particular trademark.
Significance of Trademark Registration in?
- It helps to build loyalty & trust among your customers all over India;
- It’s an asset in itself;
- It represents your distinctive identity;
- It prevents illegal usage of your brand’s identity;
- It provides legal protection for your brand’ identity
Various Types of Trademark in India?
There are various types of Trademarks in India that can be registered. Though there are various Trademarks, the objective behind them is the same that is to enable the customers to recognise the products and services that are manufactured by particular service providers or manufacturers. Please check the types of Trademarks in India below:
1.Service Mark
It is the same as a Product Mark, but this mark is used to signify a service rather than a product. The primary purpose of Service Marks is that it aids in differentiating the owners from the owners of other same services. The applications of Trademark are filed under the Trademark Class 35-33 that could be named as a Service Mark as they are providing the services.
2.Product Mark
This mark is used on a product rather than a service, and it helps in identifying the product origin and aids in maintaining the company reputation. These types of Trademarks are filed under the Trademark Class 1-34 in the Trademark application because they represent products or goods.
3.Shape Mark
This mark is exclusively used to safeguard the shape of the product so that the clients find it applicable with a definite manufacturer and prefer to buy the product. The product shape can be registered once it is recognised that the product has a significant shape.
4. Collective Mark
This mark tells the public regarding the differentiating products’ features and the services used to show a collective. A group of individuals can use Collective Mark so that they are jointly safeguarding the products & the services. The mark owner can be an alliance or a public establishment, or a Section 8 Company.
5. Pattern Mark
These marks are for only those products that have a specifically designed pattern that comes out as the differentiating aspect of the product.
6. Certification Mark
It’s a sign that represents the origin, quality, material, or other important details of a product that are granted by the owner. The primary objective of this mark is to bring the product’s benchmark and also assurance the product to the clients by representing that the product has gone through standard tests to check the quality. These marks are generally seen on electronic products, foods items, and toys.
7. Sound Mark
It’s a sound that can be linked with a product or service that is creating by a certain supplier. Sound marks are also terms as audio mnemonics, and they appear to be at the starting of the commercial end.
Eligibility for Trademark Registration in India
In India, Trademark Registration can be obtained by businesses or individuals or by non-profit organisations. But, each of the different class of individuals or companies have different necessities for obtaining Registration of Trademark. Following is the eligibility criteria:
- Proprietorship Firms
At the time of filing a Trademark application in India for a Proprietorship Firm, the full name of the candidate should be mentioned, and the business name or Proprietorship is not acceptable.
- Overseas Company
In this case, the overseas company files an application for Trademark Registration in India. The application of Trademark is to be made in the corporate name as it is registered under a foreign country.
- An Individual
An individual who wants to start a business in the future can also file an application and obtain Trademark Registration in India for a name, word, design or a symbol that is planned to be used by the owner.
- Partnership Firms
While filing a Trademark application for the Partnership Firm, all the partners’ names should be mentioned in the application form. IF the Partnership Firm consists of a minor in the partnership in the guardian’s name who is showing the minor should be mentioned in the Trademark application.
- LLP
In this case, the application must be in the name of the LLP. A Limited Liability Partnership is a registered body where the partners have their own identity. The partners cannot be the candidate as the Trademark belongs to the Limited Liability Partnership.
- Society or Trust
If the Trademark application is filed on behalf of the Society or Trust, then the name of the Chairman, Managing Trustee or the Secretary that is showing the trust or the Society is to be mentioned.
- Indian Company
If the Public Limited Company, One Person Company, or a Private Limited Company files a Trademark application, the application is to be made in the company’s name. As they all are self-governing companies, they are applied cannot be made by the Director. However, the application form can be signed and submitted by the company’s Director or any legitimate officer.
- Joint Owners
If two individuals are deciding to file an application for Trademark Registration, then the name of both individuals should be mentioned in the Trademark application.
How to Check Trademark Application Status in India?
Once you file the application for Trademark Registration, you can check the Trademark status by following the steps below:
Step 1
First, you have to visit the online website to check the status of the Trademark application, i.e., https://ipindiaonline.gov.in.
Step 2
On the left side of the website, you will see the first option that shows “Trade Mark Application/Registered Mark”, click on this button. Once you clicked it, two options will appear on your screen (National/IRDI Number and International Registration Number); you have to click the first option, which is the National IRDI Number.
Step 3
After this, you have to enter the Trademark application number, enter the captcha code, and click on the “View” button.
Step 4
Once you click the View button, the Trademark application status will appear on your screen.
Trademark Registration
Price
RS. 6500
Payment
