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Trademark Registration in India: Explained
A trademark is a unique sign that is used to recognize goods and services from a specific company. The goods and services can be in the form of pictures, designs, or even expressions. A trademark is considered an essential object as it helps differentiate your products from other competitors and is related to your brand or products. In India, Trademarks are considered intellectual property, and therefore, measures are taken to protect them from infringement. The Trademark Act of 1999 safeguards the trademark and its rights. The process of filing the trademark registration application is online, and Corpbiz can prove to be a wise ally in the entire process of e-filing of trademarks.
Why Should You Register Your Trademark in India?
Registering your trademark in India is a crucial step for several reasons
In the competitive business landscape, where brand reputation is of enormous significance, registering your trademark in India helps you safeguard the long-term success of your business.
Who can Apply for Trademark Registration in India?
The list of individuals and entities who can apply for trademark registration certificates is as follows:-
Trademark registry gives brands a sense of security, which helps them execute their business more confidently.
Documents Required for Filing Trademark Registrtaion Online
Documents required for registration of a trademark are listed below
Applicant's Details
Trademark Details
Detailed information on how the trademark will be used for goods and services of a business, as per the class of the services/goods.
Power of Attorney
A signed Form TM-48 or power of attorney in case the trademark is being filed by a trademark agent.
User Affidavit
If the trademark has been in use prior to the application, an affidavit stating the date of first use, along with the evidence for such use, is to be submitted.
Legal Entity Proof
When a business applies for a trademark, they have to produce a registration certificate or business incorporation certificate as legal entity proof.
Authorization Letter
When the application is filed with the help of an authorized agent or representative then, an authorization letter on the company's letterhead is also required for a trademark certificate.
Objective of the Business
A summarized form for the objectives of the business regarding trademark registration is also required. The objective includes what a business stands for and does in its operations.
Logo/ Slogan/ Brand
Any logo, slogan, or brand name you wish to receive a trademark for has to be filed in a clear manner without any discrepancies.
Business Address Proof
The proof of the address of the business is to be submitted for the application for the registration of a trademark.
In addition to this, here is a list of all the documents required by different business entities for the process of trademark registration
Private Limited Company
Here is the list of documents required for trademark registration by a Private Limited Company
Limited Liability Partnerships
Here is the list of documents required for trademark registration by a Limited Liability Partnership.
Trusts
Here is the list of documents required for trademark registration by a trust.
Partnership Firms
Here is the list of documents required for trademark registration by a Partnership Firm.
Sole Proprietorship Firm
Here is the list of documents required for trademark registration by a Proprietorship Firm or a proprietor.
Challenges in Trademark Registration
Different laws in India have been made with respect to trademark registration; here are some of the challenges a person may face in the process
Careful Examination
It is important to note that the trademark registry in India conducts a very thorough examination of the applications they receive from the trademark registration. Many businesses struggle to meet all the criteria; hence, it can be challenging for many people. Corpbiz can assist you in making sure that your application adheres to all the criteria set by them.
Identical Marks
If a business files an application for a trademark that is very similar to an already existing one, then there are chances of opposition and s. Corpbiz can help to make sure that you file a unique trademark so that there are no objections and the process can go on smoothly.
Opposition Proceedings
A third party may file an opposition during the publication of the trademark in the trademark journal. Corpbiz can assist you with its team of 5000+ lawyers to make sure all of you receive the correct legal expertise for the counter statements.
Improper Trademark Search
It is always prescribed that a person conduct a thorough trademark search before registering a trademark. This can prove to be challenging for many businesses as it is very time-consuming. Corpbiz provides a comprehensive trademark service for the same.
Classification of Goods/Services
A problem can originate if the classification of the good is not done properly. One class can be different from the other class or classes, and the trademark registration is highly dependent on this classification. This can prove to be challenging for many businesses. Corpbiz has a team of experts who are well-versed and experts in classifying goods and services.
Documents Requirements
It is important to make sure that all the formalities related to record keeping and paper works are met. Newly registered trademark owners have to make sure that they maintain all the records and apply any amendments required for the same. Many people struggle to maintain proper records, and that is where Corpbiz steps in, as we can provide expert assistance for the same.
What is the Trademark Filing Process in India?
The process of trademark registration in India is a systematic procedure governed by the Trade Marks Act of 1999. The procedure involves many steps. Now that we know the Documents that are required for the e-filing of trademarks, let's take a look at the process of trademark registration
Trademark Search
When a person wishes to file a trademark, it is always advised that a thorough and comprehensive search for trademark is done to ensure that the trademark is unique and has not been in use. This step is particularly essential if a person wishes to avoid any legal repercussions in the future.
Filing the Application
The next step will be to file the application. The application for trademark registration is submitted to the Trademark Registry. It includes details about the applicant, a representation of the trademark, and a description of the class of goods or services associated with the mark.
Examination by the Trademark Office
In order to ensure all the legal compliance and requirements are met, the Trademark office examines the application to make sure that there is no conflict involved with an already existing Trademark. If they do not accept the trademark, then the trademark will be rejected.
Publication in the Trademarks Journal
Once the application clears the examination, proceedings towards publication of the trademark in the trademarks journal begin. If any third party wishes to oppose the trademark, they're given some amount of time in this duration.
Opposition Proceedings
In case there are objections or oppositions, or if the opposition proceedings are resolved, then the trademark is forwarded for registration. A trademark opposition is also resolved when someone has acted in goodwill or good faith.
Registration Certificate
When the process is complete, the trademark registry issues a Trademark Registration Certificate with the issuance of this certificate, a business or an individual gains exclusive rights over a particular service or goods.
Trademark Renewal
A trademark registration remains valid for ten years from the date of registration or filing date. Renewals or restorations are generally filed before the date of expiry of the trademark.
Different Types of Trademark Registrations in India
There are various forms and categories of Trademarks; here is a list of all the major trademarks recognized in India
Work Marks
When a trademark consists of numbers, words or letters, they are known as word marks. A word mark is used to recognize a brand through a specific combination of letters, numerals, etc.
Device Marks
Device marks involve the use of logos, symbols, emblems, or any other geographical representation that serves as a distinctive sign of the brand. These marks often include stylized designs.
Combination Marks
A combination mark included both words and graphical attributes in the design. This kind of trademark generally deals with creative graphics along with brand names in distinctive fonts.
Service Marks
They are essential to differentiate between a service and a tangible good associated with a brand. This kind of trademark is given to businesses that provide services to their customers.
Shape or Goods or Packaging
Trademarks can also be registered for the shape of goods or their packaging. This is common in industries where the shape of the product or its packaging is distinctive and associated with a specific brand.
Sound Marks
They are used to represent the sounds associated with a brand. The sounds can be in the form of jingles. Tunes, etc., that help a customer recognize a brand.
Color Marks
These types of trademarks are used to distinguish a brand with the help of colours by using colours as a distinctive feature of a brand.
3D Marks
3D or three-dimensional marks are trademarks that include the configuration or shape of the goods. This is generally given to a good with a unique shape that is not commonly witnessed in the market.
Collective Trademarks
Collective marks are trademarks used by members of an association or a group to indicate a common origin of goods and services. These are often used by organizations or cooperatives.
Certification Marks
Certification Marks are used to certify that the goods and services are as per the set standards by the regulators. These are given by certifying authorities like BIS, ISI, etc.
Different Classes of Trademarks in India
Trademark classes are essential as they are used to identify and verify the class of products and services. There are a total of 45 appropriate classes of trademarks in India. It's essential to select the class of trademark as it decides the validity of your trademark registration certificate related to the products and services for your business. When a business operates across different classes, it is important to apply under all relevant classes.
Trademark classes are also known as NICE classes. In India, the trademark classification follows the international classification system as per the NICE agreement. It consists of 45 classes, including 34 classes for goods and 11 for services; in short, Indian trademarks are distinctly classified into 45 classes. The classes are segregated into two major categories
Goods Classes (1-34)
This class includes a wide range of tangible goods, which include chemicals and machinery (Class 1), pharmaceuticals and medical devices (Class 5), furniture and musical instruments (Class 20), etc.
Service Classes (35-45)
This class includes a wide range of services offered by a business, including services for advertisement and business management (Class 35) etc.
What is Trademark Registry?
The trademark registry is a governmental body that is responsible for the registration and administration of trademarks in the country. Operated by the Ministry of Commerce and Industry under the Controller General of Patents, Designs, etc., the registry plays an important role in the legal protection of intellectual properties.
The major functions of a trademark registry are written below
Simple Trademark Registration Online Procedure in India
The steps to apply for trademark registration online are mentioned below
Trademark Registration: Post Registration Compliance
When an individual successfully completes the trademark registration and receives the trademark rights, they have to make sure they adhere to the post-registration compliance associated with the same. Here are some of the compliance they have to look out for
Renewal
A trademark remains valid for ten years from the date of registration. Once the trademark has expired, it's crucial to renew it.
Use of Trademark
If a person is not using the trademark for goods and services associated with the same, then there is a possibility that the trademark may get cancelled. Hence, it is also crucial to use the trademark.
Record Changes
If there's any change in the ownership of the trademark or any detail is changed, then the trademark registry has to be informed.
Assignment and Licensing
When the ownership of the trademark changes, paper works supporting that also has to be maintained.
Protection Against Infringement
The individual who has received the trademark has to monitor the market in case there is a chance of any infringement.
Public Enforcement
If an individual sees any breach or infringement in the market, they have the right to send notices, cease notices, etc, to the person or business that has illegally used the trademark.
How will Corpbiz Help with the Trademark Registration Process?
Corpbiz provides comprehensive support that begins with a thorough trademark search to ensure the availability of the proposed mark and its uniqueness. Our experts will guide you in the process of Document preparations as well as help you file the trademark application. We are equipped with a team of 5000+ lawyers who will be able to handle any legal support required in the process of trademark registration. Our experts will also make sure that all the compliance requirements are met and that the process takes place without any hassle. Our team of experts is well-versed in intellectual property laws and has successfully served more than 1500+ customers. All you need to do is give us a call, and we will make sure that all your trademark registration needs are met.
Our services include
Filing Trademark Application
Corpbiz streamlines the process of filing Trademark Applications, providing expert assistance in preparing and submitting the Document works.
Documentation Assistance
Corpbiz's expert guidance and diligent support in the preparations and submission of required Documents facilitate the protection of your brand.
Publication and Opposition
Corpbiz excels in guiding businesses through the crucial stages of Trademark Publications and oppositions to ensure smoother processing.
Trademark Certificate
Corpbiz specializes in the procurement of trademark registration certificates. Our experts ensure proficient handling of Documents to secure official recognition.
Trademark Watch Services
Corpbiz officers provide vigilant trademark watch services, employing advanced monitoring mechanisms to safeguard your brand proactively and indefinitely
All a person needs to do is
What are the Benefits of Trademark Registration in India?
There are benefits associated with trademark registration in India; here are some of them
Exclusive Rights
Trademark registration gives the owner the exclusive rights to use the registered mark on their product.
Legal Protection
Trademark registration acts as a legal asset that provides legal protection against unauthorized use.
Brand Recognition
A trademark registration enables a brand to gain recognition, which enhances the brand's visibility.
Asset Value
Trademark registration also enhances the brand's overall value.
Lesser Chance of Infringement
When a brand receives a trademark registration certificate, it helps reduce the chances of infringement.
Global Protection
International trademark registration can be pursued through the Madrid Protocol, providing protection in multiple countries with a single application.
The ® Mark
The mark is given only to an individual or any business in India that holds the trademark ownership. This acts as a symbol of credibility. Legal consequences are applicable to anyone who uses the mark illegally.
Copyright vs Trademark vs Patents: Difference
Copyright
Copyright in India refers to the legal protection granted to the creators of original literary, artistic, and intellectual works. Copyrights are governed by the Copyright Acts of 1957 and protect the rights of authors, artists, musicians, etc, by giving them exclusive rights to their creations.
Trademarks
A trademark is a distinctive sign or symbol that represents the identity of goods and services and enhances the brand image as unique and identifiable. Trademarks are governed by the Trademark Act of 1999 and play an important role in protecting the intellectual properties of businesses and individuals.
Patents
Patents serve as crucial legal mechanisms to protect innovations and inventions. Patents are governed by the Patent Act of 1977. Patents are made to appreciate and reward the innovators who contribute towards the development of technology as well as the industry. They give the owner to have exclusive rights to use, make, and sell the product for a period of time.
Frequently Asked Questions
You can register your trademark in India by creating an account on the registration portal and following the steps. The process of trademark registration is mentioned above.
For a startup or an MSME, the trademark registration cost is around Rs. 4500/-. All the other remaining entities have to bear a cost of Rs. 9000/- to register their trademarks.
The best time to register your trademark is right after you incorporate your company. The Office of the Registrar of the Trademark oversees the entire process of trademark registration.
Some of the crucial requirements for registering a trademark are listed below:
- Trademark Search
- The uniqueness of the Trademark
- Business incorporation
- Logo, brand name, slogan, etc.
A brand whose logo, slogan, or name may or is likely to hurt the sentiments of people or is scandalous or obscene is prohibited from applying for a trademark.
Any person who has a business in the form of any entity like- LLP, Private Limited Company, etc. or is the owner of a trust, NGO, etc., can register a trademark.
Two requirements for Trademark Registration are:-
- The mark must be made in such a way that it can be represented in a graph.
- It should be capable of differentiation from the goods and services of one undertaking.
Anyone can use the symbol TM, even if the person has successfully registered the business or not.
Yes, you can register your trademark yourself. All you need to do is go to the online trademark registration portal, fill in the essential details, and upload the Documents.
Marks that are considered 'Fanciful' in the market are considered the strongest type of trademark
The cheapest way to trademark a logo is by registering for a trademark online.
Yes, you can use the TM mark in your logo in India.
The steps to register a brand logo are:-
- Trademark Search
- Application filing
- Trademark Examination
- Trademark Publication
- Registration Certificate
The validity of the trademark in India is ten years from the date of registration.
Any trademark which uses religious texts or religious symbols and can hurt the religious sentiments of a person cannot be registered in India.
A good trademark is a trademark that can be easily spelt, easily spoken, and easily recognizable.
Absolutely, the entire procedure of registering a company in India is done online. The Central Registration Centre (CRC), a dedicated back office for the Company and LLP Registration process, processes papers filed electronically through the MCA website for company registration and other regulatory filings.
Yes, A Listed Company or a Company with More Than 1000 Shareholders Should Maintain Records in Electronic Format, according to Rule 27 of the Companies (Management & Administration) Regulations 2014. Nonetheless, throughout their existence, all other Companies must keep statutory Documents in the form of registers, minutes, etc.
The following are a few circumstances in which a name falling into one of the categories listed below will often not be made available, per the MCA Guidelines on Company:
- It is inconsistent with the main goals of the business, as stated in its memorandum of association. This does not imply that all names must be descriptive of their subjects. Yet, if the name contains any hint of a business, it ought to be in line with its goals.
- The primary business of the company is finance unless the name specifically refers to one or more specific financial operations, such as investments, loans, etc.
- It contains any word which is unpleasant to any segment of people.
- The proposed name is exactly a Hindi translation of the name of an existing company in English, notably an existing company with a reputation.
- The proposed name is phonetically similar to the existing company's name.
- It contains words like "co-operative" or words corresponding to this phrase in the regional languages of the nation; the name is simply generic, such as Cotton Textile Mills Ltd. or Silk Manufacturing Ltd., rather than specific, such as Calcutta Cotton Textiles Mills Ltd.
After the registrar has examined all the paperwork and made the required modifications to the MOA and AOA, a Certificate of Incorporation is a Document that officially recognizes the existence of the companies. Both Public Limited Companies and Private Limited Companies receive Certificates of Incorporation. A public company with a share capital cannot start doing business until it has received a Certificate of Commencement, which is issued after receiving a Certificate of Incorporation. Private companies, however, are exempt from this requirement and may start operating as soon as they receive their Certificate of Formation.
