A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc, which is used by businesses to distinguish it’s services or products from other same goods or services which are manufactured in different businesses. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. Registered trademarks are intellectual property for the business, they are used to safeguard the company’s investment in the brand or symbol. It is mandatory for a company to register it’s chosen Trademark as it will act as a unique symbol for the products and services you provide.
A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc, which is used by businesses to distinguish it’s services or products from other same goods or services which are manufactured in different businesses. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. Registered trademarks are intellectual property for the business, they are used to safeguard the company’s investment in the brand or symbol. It is mandatory for a company to register it’s chosen Trademark as it will act as a unique symbol for the products and services you provide.
Once the trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can be regularly renewed, by filing a trademark renewal application for a time of another 10 years.
Trademark Registration is done through LegalRaasta in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities. Offering a quality of trademark services like trademark filing, trademark search, trademark renewal, and patent registration, etc.
Who can all apply for a Trademark?
In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials, or a mixture of all these can be registered as a trademark.
A trademark application can be made by:
- Private firms
- Individuals
- Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
- NGO’s
Note: In the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.
Any person, pretending to be the proprietor of a trademark used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the trademark, the goods or services, name and address of the candidate with power of attorney, the time of use of the mark. The application must be in English or Hindi. It must be registered at the appropriate office.
The applications can be submitted individually at the Front Office Counter of the particular office or can be sent by post.
Advantages of Trademark Registration
Excellent Business Opportunity
A product or service being sold under a registered trademark assists in developing up trust, safety, quality, and goodwill in the minds of customers. It gives you a unique identity when linked to other sellers.
Legal Protection
A registered trademark owner has the legal right in case of infringement i.e. you doubt that your trademark has been copied by someone else, you sue them for copying your logo, brand, name, or slogan.
Get Unique Identity
Customers will recognize a singular product or service only with the brand name. Registering a trademark guarantees that competitors will not apply it and so it remains a company’s unique asset.
Global Filling of Trademark
A trademark that is registered and filed in India is permitted to be filed in other countries outside India as well. Moreover, foreigners can also get a trademark registered and filed in India.
Creation of intangible asset
The trademark can be a valuable asset, in case your brand builds a name and succeeds. Registering a trademark makes it an intangible asset that can be traded, franchised, distributed, or commercially contracted. This brings benefits to the company or the individual proprietor. A trademark is intellectual property for the organization.
Infringement protection
Filing a trademark assures that the trademarked object is not used unethically by any other company or Individual. But, if the trademark is used by a 3rd-party without the permission of the owner of the trademark, the owner can take legal action and even sue the person or the company who has illegally used the trademark.
Exclusive rights
The proprietor of a registered trademark will be able to have exclusive rights over the trademark. The same trademark can be applied by the owner for all the products/services that fall under the same classes. Having the exclusive rights on the product or services also permits the owner to stop any kind of illegal use of the trademarked thing.
Applying the registered symbol
The company can use the registered symbol (®) once the trademark is filed. The logo is evidence of the fact that the trademark is already registered and cannot be applied by another individual or another company. In the case of illegal usage, the person who holds the trademark can decide to sue the other person.
Differentiating products
Trademarking assists the consumers to find out about the products quickly. They can differentiate among the various kinds of products as the products tend to create an identity for themselves.
Promotes Goods and Services
Registering a trademark constitutes the face of the company or the goods and services. This serves to differentiate and promote brand creation. Most of the companies get their identity by trademark so it pays a crucial role in promoting and enhancing the brand value.
Protect the Commercial Goodwill
A trademark’s registered owner has the power to build, secure, and protect the goodwill of his/her goods or services. The owner can stop other traders from using his trademark illegally. One can also sue the infringer for using the brand name and demand damages for any infringement
Advertising sales
The customers of a company attach the name of the brand to the feature of the product or service that they give. This form of the product is spread in the market and so, it helps to increase sales by bringing more and more customers towards the product.
Steps In Trademark Application
Step 1 : Trademark search (1 day)
LegalRaasta checks trademark availibity or checks brand name availability on the behalf of their clients to make sure that their desired name or design has not already been taken or isn’t too similar to an already existing trademark. This ensures that there are no issues & there are minimal chances of an objection being raised in the future.
Step 2 : Create trademark application (1 day)
Once we ensure that your chosen name or design is available & exclusive, we send you an authorization letter which has to be duly signed by you and returned to us. These letters give our lawyers authority to file a trademark application on your behalf.
Step 3 : Trademark application submission (1 day)
Once we receive the authorization letter & provided that no information is incorrect or partial, our lawyers will file the trademark on your behalf, and you can immediately start using the ™ symbol. We will provide you with the TM application number.
We file the trademark either at the central trademark department office or online. A trademark can be filed online only by a registered lawyer or agent.
Step 4: Trademark registration (1.5 years)
Once a trademark application is complete, your application will be verified by the trademark office. The government can also object if your name similar to some other trademark in the same class, or the name is deemed obscene and hurts religious sentiments.
In case no objection is raised, the trademark registrar will publish an advertisement in the trademarks journal. If no opposition is filed by any party within 4 months, the trademark should be registered within the next 6 months. During this period, we constantly provide you with updates regarding the status of your application. You will need to pay the additional fee in case of such objections.
Step 5: Hearing before Registrar
If the objection has been filed on your trademark and the opposition doesn’t agree with your response, then hearing is held before the registrar. We appoint lawyers (charges extra) to take up your case in front of the registrar.
Frequently Asked Questions
The Trademark Registration is registering of visual symbols which can be a word, name, device, label, digits, etc. Trademark registration in India helps the candidate or the trademark owner to safeguard his logo or trademark. Trademark registration also helps to evade duplication within the trademarks.
The easy way to get trademark registration done, involves the first step as “selecting a name then do a trademark search, after that file an application for the trademark registration”. Then fill the required documents like the name of the trademark or address. Then the application is examined after that the trademark is published in the Indian Trade Mark Journals. Lastly, the issuance of the trademark registration certificate.
Step 1: The first step is the choice of a trademark.
Step 2: The applicant must search the trademark records registry and assures that the proposed trademark does not match or the same to the registered mark.
Step 3: The search can be done online or by the trademark office.
Step 4: It is advisable to discuss an experienced lawyer as they are well-versed in their profession and are being prepared to conduct an exhaustive search.
Trademark registrations are unique to the goods or services they describe. The registrations can be product or service-specific. Also, they are made under a Class of goods or services they signify. The trademark registration will, hence, be valid for the whole class of goods or services it describes.
The Trademark Registry has classified goods and services under 45 classes. The class/classes of the goods/services should be mentioned accurately in an application. The trademark would be registered under those classes only. When doing trademark search you should only be worried if a trademark with a similar name already exists in the same class. For example, if you are an IT provider by name of ComSys, you will get your trademark if someone else has registered the same trademark in some other class.
| Classes | Description | Classes | Description | Classes | Description |
|---|---|---|---|---|---|
| Class 1 | Chemicals | Class 16 | Stationery & Paper Goods | Class 31 | Fresh Fruits & Vegetables |
| Class 2 | Paints, Coatings | Class 17 | Rubber Products | Class 32 | Beer & Beverages |
| Class 3 | Cleaning Products | Class 18 | Leather Goods | Class 33 | Alcoholic Beverages |
| Class 4 | Fuels, Industrial Oils | Class 19 | Building Material | Class 34 | Tobacco Products |
| Class 5 | Veterinary Products | Class 20 | Furniture | Class 35 | Advertising & Business Services |
| Class 6 | Metals, metal castings | Class 21 | Crockery | Class 36 | Insurance & Financial Services |
| Class 7 | Machines and Machine Tools | Class 22 | Ropes | Class 37 | Construction & Repair Services |
| Class 8 | Hand Tools and implements | Class 23 | Yarns & Threads | Class 38 | Telecommunications Services |
| Class 9 | Computers & Scientific Devices | Class 24 | Fabrics | Class 39 | Shipping & Travel Services |
| Class 10 | Surgical Instruments | Class 25 | Clothing,Footwear & Headgear | Class 40 | Treatment of Materials Services |
| Class 11 | Appliances | Class 26 | Lace & Embroidery | Class 41 | Education & Entertainment Services |
| Class 12 | Vehicles | Class 27 | Carpets | Class 42 | Science &Technology Services |
| Class 13 | Firearms | Class 28 | Games & Toys | Class 43 | Food Services |
| Class 14 | Jewellery | Class 29 | Meat Extracts | Class 44 | Medical & Veterinary Services |
| Class 15 | Musical Instruments | Class 30 | Coffee & Rice Products | Class 45 | Legal & Security Services |