Trademark registration includes name, logo, slogan, etc. It increases the protection of your business and makes your products and services legally strong in the market.
Trademarks enhance a brand’s productivity or credibility. In today’s marketplace, a Trademark is a must to safeguard brand identity. Trademarks protect against infringement and help create new business opportunities. This article will discuss Trademark Registration in India, its importance, procedure, benefits, etc.
Protect your brand name, logo, and slogan with a trademark.
Trademarks are unique symbols that best describe your business. A Trademark can be a name, phrase, pattern, and any other symbol. Trademarks help to safeguard your brand’s goods and services.
Why is Trademark Registration important?
They increase customer loyalty and credibility.
Trademark is important to expand the business internationally.
To protect the brand name from illegal use, a trademark is important.
Why should you register your Trademark?
You need to register a trademark to protect the brand integrity, to prevent others from registering a similar trademark, to protect your brand logo from being copied. Also, to get exclusive rights for your brand you need to register a trademark.
Who is eligible for Trademark Registration
Business startups
Company
Organizations
Trusts
NGOs
LLPs
Individuals
Entrepreneurs
Foreigners
Benefits of Trademarks Registration
Exclusive rights
Legal protection
Builds goodwill
Differentiate products and services
Ensures product quality
Helps in the creation of assets
Access to new markets
Protection against infringement
Usage of the ® symbol
Enhance credibility
Attract customers
Enhance customer trust
Customer satisfaction
Low-cost protection
Trademark types in India
Sound mark: The marks that produce a melodious sound.
Shape mark: Marks that include 3-dimensional shapes.
Pattern mark: The marks that have a specific design
Collective mark: Marks owned by an organization. Only the members of the organization can use these marks.
Certification mark: The certification mark assures the quality of the goods and services of the brand.
Product mark: Logos or marks used on products
Service mark: Marks that define a service. It is similar to a product mark but a product mark indicates products, and a service mark indicates services.
Color mark: The marks that have colors or a combination of colors to identify a brand.
Fragrance mark: Smell or fragrance associated with a brand.
Word mark: A common name trademark that identifies a brand.
Device mark: It has logos, labels, geometrical figures, and stickers.
Trademark search is a very crucial step before you register a trademark. It means searching for the trademark that you are applying for your brand, which means checking whether the trademark you are registering is already registered or not. If it is already registered, you can’t apply for the same trademark, and if it is not registered, then you can apply for the trademark.
Trademark Class Selection
There are different trademark classes for different businesses. Choose a trademark class that goes with your business. There are 45 classes of trademarks to choose the trademark for your business, you can search Trademark classes on our official website of A Star Legal Associates.
Trademark Registration Process
Trademark search: Select a unique mark that best describes your organization.
Choose Trademark class: Choose trademark class based on your business. You can also go on our official website to choose the trademark class.
Filing an Application: Apply for the Trademark registration with the TM-A form and provide the required documents for trademark registration.
Trademark Examination: The trademark officers then examine the application to ensure that it has all the legal and required documents.
Publication in Trademark Journal: After examination, the trademark is published in the trademark journal.
Grant of Certificate of Registration: If no objections and oppositions are raised, the trademark certificate is issued to the applicant.
Required documents for Trademark Registration
Applicant type
Documents required
Company
Company PAN card, MSME, Incorporation certificate, logo
Partnership firm
Partnership deed, Partnership PAN card, MSME, Logo
Trusts
Trust deed, Trust PAN card, Logo
Proprietorship
PAN card, Adhaar card, GST certificate
LLPs
LLP PAN card, Logo, LLP deed, Incorporation certificate
Individuals
PAN card, Adhaar card
Trademark symbols
™ Trademark- When you apply for a trademark and your application is in process, you can use the ™ symbol with the logo of your brand.
® Registered Trademark- When your trademark is registered, then you can use the ® symbol with your trademark.
℠ Service Mark- The ℠ symbol is used when you own a trademark certification for a particular service.
In India, a Trademark is valid for 10 years, before the end of 10 years, you need to apply for trademark renewal. It is applied 6 months before expiry. If you were not able to renew your trademark on time for some reason then you can apply for a restoration process. You need to apply for a trademark after 6 months from the expiry date. For more details about trademark renewal.
Trademark Rectification and Cancellation
The trademark rectification and cancellation process is used to make corrections in the wrongly registered trademark or to cancel the trademark.
Grounds of Rectification of Trademark
Missing or incorrect entries
Violations of conditions
Decision on important questions
Invalid registration
Fraudulent and misleading Registration
Trademark cancellation process
The TM-P form needs to be filled out for the Trademark cancellation. The required fees for the Trademark registration cancellation need to be given, and a valid reason for Trademark registration cancellation.
Trademark Infringement and Legal Remedies
Trademark Infringement occurs when a person or any other company uses the trademark for unauthorized work.
Identifying Trademark Infringement
To identify trademark infringement
Daily search for a similar mark of your trademark.
Monitor social media apps and check the unauthorized use of your logo.
You can also contact A Star Legal Associates to identify trademark infringement of your trademark.
Action against Trademark Infringement
Civil remedies- To take civil action against the Trademark infringers.
Criminal remedies- To take criminal actions against the Trademark infringers.
Managing trademark
To manage a trademark you need to:-
Renew your trademark on time.
Monitor the new trademark filing.
Use the trademark symbols correctly.
What is Trademark Assignment/Transfer
Trademark assignment means to transfer the trademark, the rights or ownership of your trademark to someone else.
Types of Trademark assignment/transfer
Partial assignment: To transfer a certain part of the trademark.
Complete assignment: Trademark transfer with the ownership of the trademark.
Assignment with goodwill: To transfer the trademark rights and goodwill of the trademark.
The assignment without goodwill: To transfer the trademark rights but without the goodwill of the business.
Identity proof and Address proof: Details about the new owner and the old owner.
NOC: It is given by the original owner stating that they have no issues or objections to transferring their trademark.
Description of assignment: Including goodwill or not.
Signatures: Signatures from both parties.
Notarization: The Notarization document should be submitted by the original owner.
Execution Date and Place: The Date and Place where the assignment took place.
Power of attorney/ Authorization Letter: Permission for assignment process.
Trademark opposition
Trademark opposition is raised when someone registers a new trademark that is already registered.
How to deal with Trademark opposition
To manage a trademark opposition:-
Respond to trademark opposition notices- When you receive the opposition notice, immediately apply for counterstatement by filling the TM-O form. Both parties have to submit the evidence to the court and
Prepare for trademark opposition hearings- You need to gather all the required evidence and present the case clearly during the opposition hearing.
What is Objection in Trademark Registration?
Trademark officers will examine your application if your application doesn’t meet all the legal requirements, then they will raise objections. They will ask you a few questions, which you need to answer within 30 days.
What is a Trademark Hearing
In a trademark hearing, the Trademark registrar gives a chance to the trademark applicant to resolve the disputes if the third party raises objections and opposition.
Trademark hearing solutions
Legal representation
Argumentation
Evidence preparation
Professional Conduct
Anticipate opposition arguments
What is Trademark Litigation
Trademark litigation is a process used to resolve disputes between the two parties. These disputes occur when a third party misuses your logo or uses it without the owner’s permission to sell their goods and services.
What is Trademark Licensing
Trademark Licensing means to let someone else use your trademark without transferring it in exchange for payment.
Advantages of Trademark Licensing
Revenue generation
Brand Expansion and increased market reach
Risk reduction for the licensor
Focus on core competencies
Brand recognition and market penetration
Strategic partnerships
Leveraging the value of the brand
Market feedback and innovation
Protection of trademark value
Maintaining trademark Protection
Financial gain
Trademark Licensing agreement
Trademark licensing is a contract between the owner and the other party. It’s used only in specific areas. It also includes
Details of products
Conditions for ending the agreement
How can they resolve disputes
Quality standards of the services.
Trademark Registry
A trademark registry is an official govt. agency that maintains the trademark. It manages the activities related to the trademark and facilitates the process of the trademark.
Functions of Trademark Registry
To register trademarks
To examine trademarks
Public access and record maintenance
Opposition and rectification
International Trademark Registration
A trademark registered in India shall be valid only in India. To register a trademark internationally and to protect your business outside India, you must register your brand with a trademark.
The following steps to register a trademark internationally under the Madrid Protocol-
Trademark search: Search for a trademark according to your business.
Trademark class: Select trademark classes.
Application: Apply for trademark registration.
WIPO Examination: The application shall be examined by the WIPO.
WIPO Publication: The application will be published in the WIPO Gazette.
Designated Country Examination: The application shall be examined by the trademark office of the requesting country.
Trademark issues: If there is no objection or opposition in the application, the trademark will be issued.
Logo Registration
Logo registration means registering a logo as a trademark of a business. A logo is a unique symbol that signifies the brand identity. A Star Legal Associates also provides logo registration in India.
Company Registration
Company registration is a legal process for the new business startups to register their company legally with the government. It helps to provide legal rights to the business and own assets. It helps in businesses to increase the credibility and trust for the brand.
Trademark business name
Trademark business name means registering your business name with a trademark to define the business name or integrity. Registering a business name with a trademark gives you exclusive rights to shield your business.
Company logo registration
Company logo registration means to register a company’s logo as a trademark. It gives you various benefits like trademark ownership, legal protection, exclusive rights, and many more.
Trademark logo
A trademark logo is a symbol or sign that describes the business identity. It also defines the products and services of a brand. The Trademark symbols used with the logo indicate whether the Trademark logo is registered or unregistered.
How to check Application Status
Open the official website of IP.
On the left side, click on “ Trademark Application/Registered Marks.
After clicking, fill in the trademark application number and the captcha in the given boxes.
After, click on view.
After clicking on the view button, the Trademark application status will be viewed.
Trademark application
Filing a trademark application is crucial in India to protect your business in India against potential plagiarism and misuse.
Types of Trademark application
Collective Trademark Application
Certification Trademark Application
Ordinary Trademark Application
Conditions for Registration of Trademark
A Trademark should be distinctive.
Trademarks should not be similar to the already registered trademark.
A trademark should not have a functional feature.
Trademarks should not be offensive or against Public Policy.
Grounds of refusal for registration of trademark
TM must have distinctive characters.
TM may not confuse the public.
Trademarks should not have an offensive meaning that insults any religion.
The logos/symbols should be in pervasive language.
The marks that are already registered will not be registered again for another person.
Trademark Registration fees
Trademark registration fees include:-
Class fee
Application fees
Examination fees
Government fees
Also depends on the business of the applicant
Validity of Trademark
Trademark is valid for 10 years in India.
In how much time is a trademark issued
Trademark is issued within 6-8 months by A Star Legal Associates.
Trademark Registration Consultants
A Star Legal Associates provides the best IP services in India. Trademarks create the market value of the business. To register your company or organization with a trademark, consult with A Star Legal Associates. Our team will guide you best about the Trademark and will also help to choose the best trademark class according to your business.
Trademark registration is important to ensure legal protection for a brand. Trademark registration offers legal protection, enhances brand awareness, and extends reach, making it a valuable investment for a business. Applying for a trademark is very easy. Keep the trademark active and renew it periodically to protect the brand’s integrity.
FAQ:-
Trademark Registry’s official website
The official website of the Trademark registry is “ipindia.gov.in”.
Can a foreign entity apply for a Trademark in India
Yes, a foreign entity can apply for a Trademark in India.
Top Trademark consultant
A Star Legal Associates is the best trademark consultant in India.
