Trademark registration process in India

Nov 9, 2024 - 22:36 Updated: Nov 11, 2024 - 21:58

A trademark may include any distinctive word, logo, label, or slogan that is capable of identifying a good or service. Governed by the Trademarks Act, 1999, and the Trademark Rules, 2017, the law provides a framework for the protection and enforcement of trademark rights for both registered and unregistered holders. In India's diverse business market, trademarks are important for distinguishing products and services, creating brand identity, and protecting intellectual property. Business owners must register their trademarks to secure exclusive rights over logos, and brand names. The trademark registration process in India is excessively crucial to understand. However, the registration process can be challenging without proper guidance. Get in touch with A Star Legal today and get consultation and service for your trademark registration.

Trademark registration

The trademark registration process in India is governed by the Trademark Act 1999. Under which any distinctive name, logo or symbol can be registered as a trademark. As per Section 2(zb) of this Act, a trademark is a distinctive mark that identifies and protects a brand's products or services. It can be a distinctive word, symbol, phrase, slogan, design, graphic or logo, or any identifiable feature associated with a particular brand. A registered trademark provides exclusive legal rights to the brand, thereby differentiating the brand from its competitors in the market. In addition, brand recognition and consumer trust also increase. It is essential for protecting intellectual property and promoting innovation in the marketplace. Overall, trademark registration is important for businesses to safeguard their brand identity.

Importance of trademark registration

Trademark registration provides legal protection, assumption of ownership, and use of the registered trademark symbol (®). It prevents potential infringers, enhances brand value and reputation, and provides protection only in the registration jurisdiction.

A trademark reflects the ethos, mission, and values of any business, helping to differentiate it from competitors in the marketplace. It is important for brand protection, improves market position, encourages stronger customer relationships, strengthens brand loyalty, and also increases sales.

Types of Trademarks

Trademarks are divided into two categories:

General trademark
Specialized trademark

Generic trademark - The following are the types of generic trademarks

Generic mark
Indicative mark
Descriptive mark
Arbitrary mark
Fictional mark

Specialized trademark - The following are the types of distinctive trademarks

The Service mark
Certification mark
The Collective mark
Trade dress
Trade name
House mark
Family of Marks
Sound mark
Pattern mark
Status mark
Hologram mark
Multimedia mark
Motion mark
Logotype

Eligibility for trademark registration

To qualify for Indian trademark registration, a mark must meet these criteria:

It should be unique and distinguish the brand’s products and services.
It should not resemble an existing trademark (must be unique).
It should not deceive the public or contain objectionable elements.
It must identify the registered goods/services.
The mark must be graphically represented.
It must distinguish the owner's goods from others.
It should not violate any Indian law.
It can be suggestive but not descriptive.

Who can apply for trademark registration?

A wide range of entities and individuals can apply for trademark registration in India, including:

Individuals
The Joint owners of a company
Proprietorship & Partnership firms
LLP (Limited Liability Partnerships)
Indian and Foreign companies
Trusts
Societies
Body corporates
Government departments
Statutory organizations
Associations of persons
Hindu Undivided Families

Required documents for trademark registration

Form TM-M
Form TM-A
Signed Form-48
Address Proof & ID Proof
Copy of Logo
PAN & Passport
Udyog Aadhar Registration Certificate (MSME)
Partnership Deed or Incorporation Deed
GST Details
Certificate of Incorporation (CIN)

Process of trademark registration

Step 1: Trademark Classification

First, categorise the trademark according to your products and services, using the NICE classification system [which has 45 classes (1-34 for goods, 35-45 for services)]. This classification determines the scope of trademark protection.

Step 2: Trademark Search

Perform a thorough search to check for similar existing trademarks in local and international databases.

Step 3: Filing a trademark application

Submit an online application to the relevant intellectual property office, including details such as applicant information and product/service class. Then pay the relevant fee.

Step 4: Vienna Codification

The Vienna Classification, or Vienna Codification, is an international system for classifying the figurative elements of trademarks. Once a trademark registration application is filed, it is applied by the trademark registrar.

Step 5: Trademark Examination

The trademark is examined for distinctiveness and legal compliance. The examination report will identify any objections.

Step 6: Respond to objections

If any objections are raised, respond to that objection within 30 days.

Step 7: Trademark publication

The approved application is published in the Trademark Journal, allowing third parties to oppose it.

Step 8: Settlement of third-party oppositions

If any opposition arises, resolve any objections raised by third parties through negotiation or legal proceedings.

Step 9: Trademark certification granted

After all the processes of trademark registration are completed, a Registered Trademark Certificate is issued, which is valid for 10 years.

Step 10: Trademark renewal

To maintain the protection and validity of the brand and registered trademark, renew the trademark on time. Failure to do so before the deadline may result in the loss of exclusive legal rights derived from the registered trademark.

Why choose A Star Legal for trademark registration

A Star Legal is best in India in providing various business solutions including Brand Registration, GST Registration and Company Registration. We offer customized services to meet the unique needs of our clients. Understanding the importance of trademark registration, A Star Legal helps companies protect their brand names and secure exclusive rights. Our professional team provides prompt assistance during the application and renewal processes to ensure a seamless experience. With A Star Legal, businesses can be confident that their trademark needs are in capable hands, allowing them to focus on growing their brand.

Conclusion

The trademark registration process in India is extremely important for all businesses and brands to protect their identity and reputation and build consumer trust. In India, it is important to register a trademark to differentiate your brand in a competitive marketplace and secure intellectual property rights. Understanding the process enables businesses to effectively protect their brand and promote future opportunities.

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