Article explains What is Trademark, Who can apply for a Trademark, What are the various types of Trademarks that can be registered, What are the Documents Required for the Registration of Trademark, What steps involved in Trademark application filling process and  What are the Benefits of getting Trademark Registered.

1. What is Trademark?

A registered trademark is your business’s intellectual property or intangible asset and acts as a protective cover of the company’s investment made in the logo or brand. It identifies a product as belonging to a specific company and recognises the company’s ownership of the brand.

Trademarks in India are registered by the Controller General of Patents, Design and Trademarks, Ministry of Industry and Commerce, Government of India, under the Act Trademark Act, 1999 one can register a Trademark.

Once this trademark get registered , one can use an R symbol along with it, and this is valid till 10 years from the date of Registration ,this trademark can be re-registered for another 10 years once get expired.

Trademark

2. Who can apply for a Trademark?

The person whose name is mentioned as the applicant will be declared as the owner of the trademark in the Trademark Registration Form. Any individual, a company and a LLP can be an applicant and may file the application for the registration of the Trademark.

3. What are the various types of Trademarks that can be registered?

Here are few of them are:

  • Word Marks
  • Service Marks
  • Logos or Symbols
  • Shape of goods
  • Series Marks
  • Certification Mark
  • Geographical Indicators
  • Sound Marks
  • Pattern Marks,

And so on

4. What are the Documents Required for the Registration of Trademark?:

  • First of all an Authorisation Letter duly signed by the applicant to allow Trademark Registration on their behalf.

Information like:

  • Applicant’s name
  • Business type and objectives
  • Brand name, slogan/ logo
  • Registration Address
  • If using Logo with Tagline: Where trademark application is made for a tagline with only words there is no need of a logo, and in cases where a logo is used , then it should be submitted in black and white format.
  • Form 48: An attorney which is authorised to file trademark application on the behalf of the applicant to the Trademark registrar.

5. What steps involved in Trademark application filling process? :

  • Trademark Search:

A detailed check on the trademark logo and brand name selected to check that such trademark is not already registered under someone else name. Trademark should be unique.

  • Selection of Class:

For registration, one need to apply it under right classification of classes.in total there are about 45 sector s and each sector is named as a class. Goods and services are classified into 45 different classes by the trademark Registry.

  • Application Preparation:

The required documents along with the application:

Business registration Proof:

  • An identity proof of the company’s directors and address proof have to be submitted and address proof of the company, and in case of sole proprietorship (ID proof of the proprietor i.e. PAN card, Adhar card)
  • Power of attorney to be signed by the applicant.
  • The proof of claim (which applicable) of the proposed mark can be used in another country.
  • Soft copy of the Trademark.
  • Application filling and Registration of Brand name:

Once you filed the application online, and it get approved you will receive acknowledgement, and you are eligible to use Trademark™ symbol beside the brand name.

Manual filling is also available, where personally one has to handover the application for the registration to the registrar office of trade Marks situated in major cities of India i.e. Delhi, Mumbai, Kolkata, Ahmadabad and Chennai, one have to then wait for 15-20 days to receive an Acknowledgement.

 The registrar will check the brand name selected complies with the existing law, and that there is no conflict or dispute amongst any existing or pending brands for the registration.

  • Publication of Brand in the Indian Trade Mark Journals:

The registrar will publish the selected brand name in the Indian Trade Mark Journal, if there is no opposition is received within 3 months (90 days or 120 days in some of cases from the date of publication, then it proceed towards the acceptance.

  • Trademark Registration Certificate:

Once the Registrar accepts the application after no opposition being received, Registrar will issue the Registration Certificate with the Trademark Registry seal. And then this registered trademark can be use beside the brand name.

  • If Trademark is Rejected:

If anyway the Trademark application is rejected, the applicant can go for a hearing, where the officer can be convinced with the provided documents then the application will be passed, and if application is rejected again the Intellectual Property Appellate Board can be contacted.

6. What are the Benefits of getting Trademark Registered? :

A registered Trademark is a legal protection to the owner, one can sue if someone copy or use the registered Logo, Brand name or slogan.

Unique Identity: A particular product or service is recognised among the Customers through the Brand name, thus such trademark remains company’s unique asset.

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.

Author- CS Aakansha Negi and can be contacted at csaakanshanegi@gmail.com

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