Trademark Registration | Trademark Registration online

A trademark is any mark, name, logo, symbol, figure, letter, word, used by an individual or a company in order to uniquely identify its goods or services from those manufactured or sold by others and hence must be capable of distinguishing one’s goods or services from others. Trademark is registered under the {Trademark Act 1999} and is governed by the Government of India. Trademark work as the intellectual property rights as it excludes others from using the registered trademark.

So, a trademark is an intangible asset for a business it helps to protect the company’s investment in the brand or logo. In this blog, we will discuss trademark registration, its different types, and benefits, and other such aspects related to the trademark registration.

What are the different types of trademark registration INDIA?

There are different types of trademark registration:

• Word Mark: A word is a name, mark or any wording consisting of combination letters or numerals by which a product or service is presented to the market.

• Figurative Marks/Logos: The figurative marks are also known as device marks. A Figurative Mark consists of a figure or a word or wording combined with a figure.

• Shape Marks: These represent any uniquely distinctive two-dimensional or three-dimensional shapes or configurations of the products or goods or packaging thereof. Here, it must be noted that the shapes must be capable of serving as a trademark in the markets concerned.

• Color Marks: A Color Mark is any distinguishing color or any specific combination of many colors which serves as recognition of the related product or service.

• Sound Marks: A Sound Mark is any unmatched and distinguishing sound, melody, or a jingle related to a product or service.

What is the purpose of trademark registration?

1. Purpose of Trademark Registration is to prevent unfair competition between companies by protecting symbol, slogan, words, logos, design, domain name, etc which uniquely distinguishes goods and services of a firm from another.

2. A trademark gives credit to the source of goods or services.

3. A trademark helps to protect the investment and reputation of the owner.

4. Trademark is designed to protect the goodwill of the consumer.

5. Advertisements for goods and services becomes easy with a registered trademark.

What are the benefits of trademark registration?

• Exclusive rights: After trademark registration, the owner can use a trademark for products falling under that category. It also gives the right to sue, if your trademark is being used illegally without your prior consent. So trademark registration provides you many exclusive rights over your brand and products.

• Builds trust and goodwill: The established quality of your product and services is known by the trademark of your company. It is very important to build trust and goodwill among your customers and for the reputation of your company.

• Differentiate products: Trademark registration distinguishes your products and services so it helps your customers to differentiate between products. A trademark can also communicate the vision of your company, product and service and how they are unique from others.

• Recognition of product: Trademark registration plays an integral role to increase recognition of your product.

• Security: A registered trademark can be pledged as security to obtain loan facilities.

• Initiation of Legal Proceeding: Registered trademark gives legal rights to the owner to initiate legal proceedings against infringes in the event of infringement of brand, logo, sign, etc.

• Deterrent: A registered trademark restricts or deters other traders, enterprises from using similar and identical trademarks

• Right to use the symbol or the word registered: Once the trademark is registered, then the symbol or word registered can only be used for the goods and services listed in the registration.

• Foreign territories: A trademark that is registered can be used as a basis to obtain registration in foreign countries facilitating the protection of the brand worldwide.

What is the validity of trademark registration?

All the registered trademarks are valid for a period of 10 years from the date of the application. At the end of the validity period of the trademark, a trademark can be renewed for the by paying government fees for registration within 6 months through Form TM-12 (Renewal of Registration) from the date of expiry of trademark.

An expired trademark can be restored through Form TM-13 (Restoration & Renewal) after six months and within one year from the expiration of the last registration of the trademark.

What is the procedure of trademark registration?

The application should be filled according to the territorial jurisdiction normally, though you will be provided with the trademark application number within one or two days after filing. The applications of the trademark are under the control of the Office of Industrial Designs, Controlled General of Patents, Trade Marks, and Geographical Indications. Mumbai, Kolkata, Ahmadabad, Delhi, and Chennai are the places where the branches for these offices are present.

The registration process of the Trademark takes the below-mentioned steps:

Step 1: Trademark Search: The very first step is the trademark search. Every application has different kinds of registrations for the particulars that suit the interests and work of people. So searching first is a way to start good, that too in both, for various combinations of similar marks on the intellectual property website. If by any chance any kind of matching marks are found, the description showcasing the same set of goods or services proposed in front of you will go under check.

Step 2: documents required for trademark registration Application:

When the trademark search is complete, a trademark application is prepared with applicant details (name, address, email, etc.), trademark class, description, device logo. These details are checked by the Trade Mark Attorney (who filed the trademark application). Once every supporting document is in order, then Form 48 (Agent Authorization) and TM-1 (Application for Registration) are signed. Following are the documents that are required for trademark registration in India:

1. A duplicate of the trademark or of the logo selected. In the case of a trademark for word, a logo is not required.

2. Details like Name, Nationality & Address of the applicant.

3. The incorporation certificate in case of company or LLP.

4. In the case of the company is eligible for the lower filing fee, can refer Udyog Aadhar Registration.

5. A detailed description of goods or services represented by the mark.

6. Trademark application requires a trademark Class (out of total 45 trademark classes) to be mentioned, but one can also file a multi-class (Class 99) Trademark application.

7. The power of attorney in Form TM-48 Format (Form of Authorization of an agent) should be signed by the applicant.

Step 3: Online filing of the Application:

The trademark filing is supposed to be done in a complete manner with the Trade Mark Registry. Also, the Government fee for registering a trademark is provided and is dependent on the type of applicant it is. For small businesses, enterprises, and individuals the government fee is Rs.4500. Whereas for all the other applicants, it is Rs.9000. A different fee setup is present for the attorney professional and for each application it is Rs.3500.

Step 4: Processing is done by the Registrar:

After the filing of the trademark application, the processing of the application starts, the status of the trademark application is then supposed to be checked as it undergoes the processing by the registry. In order to be updated about the application, one can check the status of the process anytime from the registry website by searching their trademark application number, or email notifications are also received by the attorney on email supplied during the filing.]

Step 5: Objections raised by Registrar:

Trademark application are likely to be refused on Absolute grounds (as per section 9 of Trademarks Act, 1999) or Relative grounds (as per section 11 of Trademarks Act, 1999). If any objection is found in the filed trademark application, a reply of the objection is required to be submitted by the applicant within the time period of 30 days.

Step 6: Acceptance and Advertisement in Trademark Journal:

If a trademark application passes every check of the registrar and seems fit for advertisement, then it is published in the trademark journal.

Step 7: Opposition by Parties:

Once a trademark is published in the trademark journal it can be opposed by parties affected due to registration of trademark through Form TM-5 (Notice of Opposition). Likewise, if there is a notice of opposition, then the trademark applicant must respond in the provided time period through Form TM-6 to relieve the concerns of the counterpart