Trademark Registration

Trademark Registration

It takes a lot of time, money, and effort to develop a brand.  As a result, you must ensure that you have the authorization to use your brand's name, tagline, logo, packaging, sound, smell, color scheme, and anything else that gives it a unique identity. A trademark is a form of intellectual property that sets your goods or services apart from those of your rivals in the market.

The Trademark Act of 1999 in India gives you the option to register a trademark. It gives the owner of the registered mark exclusive ownership rights and forbids others from using the mark.

Once a trademark application has been approved, the applicant and the brand may use the "TM" symbol. Trademark registration in India is necessary to safeguard the brand name. Since the process involves numerous steps and ongoing government oversight, it is usually advisable to apply for trademark registration under the guidance of a professional.

Eligibility for Trademark Registration

To safeguard distinctive trademarks, catchphrases, or coined concepts, trademark registrations are frequently employed. In India, trademark registration applications can be filed by individuals, businesses, and nonprofit organizations. However, there are specific standards for each category of person or company when it comes to submitting a trademark application. The following items are eligible for trademark registration in India.

An individual (Person)

A person who does not operate a business may also submit a trademark application and acquire registration for a symbol or word that the applicant intends to use in the future.

Joint Owners

Joint owners of a business may jointly apply for a trademark, and the application must include both owners' names.

Proprietorship Firm

A proprietorship firm may submit a trademark application in the name of its owner but not in the names of the business or proprietorship. Both the proprietorship name and the business name that you give in your application will be taken into consideration independently.

Partnership Firm

When registering for a trademark, a partnership business with a maximum of 10 members must list all of the names of the partners in the application. If a minor partner is present, the name of the person who will speak on the minor's behalf must be mentioned.

Limited Liability Partnership/LLP

The application should be made in the name of the Limited Liability Partnership in this situation. The partners in this corporation each have their own unique identity. Since the trademark belongs to the LLP, the partners cannot be the applicant.

Indian Company

Any Indian business, whether private limited, limited, or in another form, is required to submit a trademark application in the business's name. Since every incorporated business has its own identity, it should be noted that a company's director cannot also be a trademark applicant.

Foreign Company

If a foreign-incorporated company files for a trademark in India, it must be done so under the name under which it is registered abroad. Here, it's important to indicate the registration's kind, the nation it came from, and the law.

Trust or Society

The controlling trustee, chairman, or secretary of a trust or society must be identified when a trademark application is submitted on their behalf.

Documents required to register a Trademark online

1. Incorporation Certificate
   If the trademark is registered under a company or LLP.
2. Partnership Deed
   If the trademark is registered under a partnership firm.
3. PAN Card
   Of the authorized signatory.
4. Aadhaar Card
   Of the authorized signatory.
5. Form TM-48 Signed
   The TM-48 is a legal document that permits your attorney to submit your trademark with the trademark registry on your behalf. Our professionals will prepare the papers for signature.
6. Logo
   Please do not upload the logo in black and white to ensure all colors of the trademark are covered under the registration.

Types of Trademark registration in India

Trademarks that can be registered include product marks, service marks, collective marks, certification marks, shape marks, sound marks, and pattern marks. Despite the fact that trademarks come in a variety of forms, all of them serve the same purpose: they enable consumers to recognize products and services made by certain companies or service providers. Let's examine the many trademark registration categories that are offered in India.

1.Product Mark

A product mark is put on a good or a product, as opposed to a service. A product mark helps to identify the source of the goods and to protect the reputation of the business. Trademark applications submitted under the trademark 1-34 may be considered product marks because they represent commodities.

2.Service Mark

Similar to a product mark, a service mark is used to distinguish services as opposed to products. The major objective of the service mark is to assist set apart the owners from those of other businesses that provide services that are similar. Due to the fact that the trademark applications fall under trademark classes 35 through 45, they may be viewed as service marks.

3.Collective Mark

The collective mark alerts customers to the distinctive qualities of the goods and services being utilized to represent a group. A group of people may use this mark to collectively protect goods and services. An association, a governmental institution, or a Section 8 business can be the owner of a trademark.

4.Certification Mark

It is a label that the business owner issues to describe the product's provenance, composition, caliber, or other specifics. The fundamental goal of certification is to establish a product's standard and to provide customers peace of mind that the product has successfully passed quality-assurance examinations. Certification symbols are typically found on packaged goods, toys, and electronics.

5.Shape Mark

The sole purpose of the form mark is to protect a product's shape so that consumers would link it with a certain manufacturer and choose to purchase it. The shape of the product can be registered once it is verified that it has a unique shape.

6.Pattern Mark

The pattern markings apply to goods with a particular designed pattern that acts as its identifying feature. Rejecting patterns that don't stick out as significant. A pattern mark needs to be clearly distinguishable to be registered.

7.Sound Mark

A sound mark is a sound that can be used to identify a good or service as coming from a certain vendor. Sound logos, commonly referred to as audio mnemonics, appear at the beginning and end of ads. The IPL theme song is the most well-known sound brand in India.

Trademark Registration Process at Indiafilings

How to obtain Trademark registration in India?

Here at India Filings, we have a simplified process of obtaining a trademark registration in India.

Benefits of Getting Trademark Registration

There are many justifications for trademark registration, but the bulk of them are necessary for all enterprises and aspiring businesspeople because a trademark is a priceless asset. There are several benefits to getting a trademark registration and using the services. Here are some advantages.

Intellectual Property Protection

The firm name or registered logo are protected legally by trademark registration against misuse or copying. The trademark is given to its owner as legal ownership, which may be upheld in any court. The owner of a trademark acquires exclusive use of the mark in all 50 states when it is registered.

An official notice that a trademark has already been registered is provided by a trademark registration.

Powerful Deterrent

As a registered trademark, a person gains the right to use their brand in public, informing others and removing the defense of innocent infringement. Once a trademark is registered, it will show up in search results, discouraging other applicants from trying to register a mark that is identical to it or one that is similar.

The National Trademark Office in New Delhi will refuse to register any trademark that looks to be confusingly similar to another trademark, even if you are the first to file one.

Legal Remedies

If a trademark is registered in India, the owner may sue the violator for quadruple the amount of damages. The owner is assumed to be the trademark's legitimate owner. Once a trademark is registered, the owner is granted the right to file a lawsuit against anyone who is abusing the mark in any court. However, legal action can be taken against unregistered trademarks.

Important things to know before getting a Trademark registration

Thanks to developments in technology, trademark registration is now possible online. Numerous enterprises all around India have benefited from IndiaFilings.

Trademark Search

The entrepreneur must conduct a trademark availability check prior to starting. A trademark search will reveal any identical or related trademarks that have been registered with the Trademark Registry. How to Conduct Trademark Research? is our article. Will lead you in the same manner.

Trademark Filing

After the trademark search is finished, the trademark registration application can be submitted to the Trademark Registrar. However, the application must be submitted in accordance with the rules and be accompanied by the necessary fees. Any of the five Trademark Registrar's offices throughout the state, or online, are acceptable methods of application. Visit the IndiaFilings website to register a trademark online.

The Trademark Registration application must contain the following information:

• Logo or the Trademark
• Name and address of the Trademark owner
• Trademark used Since the date
• Description of the goods or services

The Vienna Codification Process

The Vienna Agreement (1973) established the Vienna Classification, commonly referred to as the Vienna Codification, as a system for categorizing the symbolic components of trademarks on a global scale. Following the filing of the trademark registration application, the trademark will be classified according to the Vienna classification based on its figurative components. Typically, the status of a trademark application is shown as "Sent for Vienna Codification" while this work is being done.

Trademark Examination

A Trademark Registrar's officer will be given the trademark registration application upon the completion of the Vienna Codification. The officer will then verify the accuracy of the trademark application before producing a trademark examination report. The officer can approve the trademark application, permit trademark journal publishing, or raise an objection to the trademark registration procedure.

In the event that the application is turned down, the applicant has the choice to address the Trademark Officer in person. The trademark will be given the go-ahead to be published in the Trademark Journal if the officer deems the justification satisfactory. If the officer's decision is incorrect, the applicant has the right to challenge it to the Intellectual Property Appellate Board.

Trademark Journal Publication

Upon the Trademark Registrar's acceptance of the registration application, the proposed Trademark is published in the Trademark journal. All of the trademarks that have been submitted to the Registrar are included in this journal, which is published every week. Additionally, if a member of the public feels that a trademark registration might harm them, they can object to it. Within 90 days of publication, if no objections are filed, the mark will be registered within 12 weeks.

The Trademark Hearing Officer will set up a hearing if a third party opposes to the application. There is a chance for both the applicant and the opposer to show up and give their respective justifications.The Trademark Hearing Officer will decide whether or not to accept the application based on the hearings and the facts presented. The escalating officer may, however, also contest the Hearing officer's judgment.

Trademark Registration

Only the trademark document and registration will be created and issued if no objections or oppositions are voiced. Only once the Trademark registration Certificate is issued, giving the owner some exclusive rights to the mark, is the trademark said to be registered in the owner's name. A trademark or logo can now include the ® Symbol.

Trademark Objection

One of the first steps in the trademark registration procedure is the trademark examiner objects to your application for a number of reasons. The registrar seeks valid reasons or explanations about the mark and its registrability, rather than simply denying your claim. He gives the applicant the chance to discuss how the trademark satisfies the criteria for successful registration.

Trademark Opposition

A third party's opposition to a trademark's registration is known as a trademark opposition. The Registry accepts oppositions from any natural or legal person. This includes private persons, corporations, partnerships, and trusts (s). Notably, in order to register an opposition, a party does not need to have a financial stake in the dispute or a trademark that has already been registered with the Registry.

Trademark Hearing

A trademark hearing is a formal appearance before the registrar of trademarks, either in person or through the representation of a trademark lawyer or agent, with the goal of having the proposed objections under consideration struck from a report that was issued after the filing of a trademark registration statement or application. A trademark hearing is held if the registrar authority is unsatisfied with the response submitted in response to the objection put forth in the final report in the procedure for trademark certification.

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