Trademark Registration
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Trademark Registration
Building a brand takes a lot of time, effort and capital. As a result, it’s necessary to make sure that you possess the rights to use your brand’s logo, tagline, product shape and packaging, sound, fragrance, colour combinations, and anything else that gives it a distinct identity. Trademark is a type of intellectual property which differentiates your product or services from other competitors in the market.
In India, the Trademark Act,1999 permits you to register a trademark. It allows for exclusive ownership rights and prohibits others from using the mark, favoring the registered mark’s owner.
Once a trademark is registered, the “TM” symbol can be used with the applicant and the brand. To protect the brand name, trademark registration in India is essential. It is typically best to seek trademark registration under the supervision of a professional, as the process entails several steps and needs constant government follow-up.
Eligibility for Trademark Registration
Trademark registrations are prevalently used to protect unique brands, slogans, or invented terms. Individuals, corporations, and non-profit organization can all file for trademark registration in India. However, each class of person or entity has its own set of requirements when it comes to filing a trademark application. In India, the following are eligible for trademark registration.
An individual (Person)
An individual who is not doing any business can also obtain a trademark application and obtain trademark registration for a symbol or word that is proposed to be used by the applicant in the future.
Joint Owners
The Joint owners of a company together can file for a trademark and both their names must be mentioned in the application.
Proprietorship Firm
A proprietorship firm may file a trademark application under its proprietor’s name but not under the business and proprietorship names. If you include a proprietorship name and a business name in your application, those details will be considered separately.
Partnership Firm
A partnership company must include all the names of the partners in the application while registering for a trademark, with a maximum of ten members. If a minor partner is present, the name of the minor’s guardian representing him must be mentioned.
Limited Liability Partnership/LLP
In the case of the Limited Liability Partnership, the application should be in the name of the LLP. It is an incorporated body where the partners have their own identity. The partners cannot be the applicant as the trademark belongs to the LLP.
Indian Company
Any Indian company, regardless of weather a private limited, limited, or any other form, must file a trademark application in the company’s name. It should be noted that any incorporated entity has its own identity, so a company’s director cannot be a trademark applicant.
Foreign Company
If a foreign incorporated entity applies for a trademark in India, the application must be made in the corporate name as it is registered in the foreign country. The nature of the registration, the country, and the law should all be mentioned here.
Trust or Society
If a trademark application is filed on behalf of a trust or society, the managing trustee, chairman, or secretary who is representing the trust or society must be named.
Documents required to register a Trademark online
- Incorporation Certificate
If the trademark is registered under a company or LLP. - Partnership Deed
If the trademark is registered under a partnership firm. - PAN Card
Of the authorized signatory. - Aadhaar Card
Of the authorized signatory. - Form TM-48 Signed
The TM-48 is a legal document that permits your attorney to submit your trademark with the trademark registry on your behalf. Our professionals will prepare the papers for signature. - Logo
Please do not upload the logo in black and white to ensure all colors of the trademark are covered under the registration.
Types of Trademark registration in India
Product marks, service marks, collective marks, certification marks, shape marks, sound marks, and pattern marks are all forms of trademarks that can be registered. Despite the fact that there are various trademarks, their objective is the same: to allow consumers to identify goods and services produced by certain manufacturers or service providers. Let’s look at the different types of trademark registrations available in India.
1.Product Mark
In contrast to a service, a product mark is applied to a good or a product. A product mark assists in the identification of the product’s origin as well as the preservation of the company’s reputation. Because they represent commodities, trademark applications filed under the trademark 1-34 could be classified as product marks.
2.Service Mark
A service mark is similar to a product mark, except that it is used to identify a service rather than a product. The service mark’s main purpose is to help distinguish the proprietors from the owners of other similar services. The trademark applications are submitted under trademark classes 35-45, which could be considered service marks because they represent services.
3.Collective Mark
The collective mark informs the public about the unique characteristics of the products and services that are used to represent a group. This mark can be used by a group of people to protect goods and services on a collective basis. A trademark holder can be an association, a public institution, or a Section 8 corporation.
4.Certification Mark
It is a sign issued by the proprietor that indicates the product’s origin, substance, quality, or other specific data. The main objective of certification is to establish a product’s standard and to provide buyers with assurance that the product has passed standardized tests to ensure quality. Generally, certification marks can be seen on packaged goods, toys, and electronics.
5.Shape Mark
The shape mark is used exclusively to secure the shape of a product so that customers associate it with a specific manufacturer and choose to buy it. Once it is determined that the product has a distinctive shape, the shape can be registered.
6.Pattern Mark
The pattern marks are for products that have a specific designed pattern that serves as the product’s distinctive feature. Patterns that do not stand out as noteworthy are rejected. A pattern mark must stand out as distinct in order to be registered.
7.Sound Mark
A sound mark is a sound that can be linked to a product or service that comes from a specific supplier. Sound logos are also known as audio mnemonics, and they occur at the start and finish of commercials. The most popular sound mark in India is the tune for IPL.
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Frequently Asked Questions (FAQs)
Any individual, business, or organization that wishes to protect their brand identity and prevent others from using a similar or identical mark in connection with similar goods or services is encouraged to apply for trademark registration.
Reading the instructions carefully ensures that you understand the specific requirements, procedures, and documentation needed for a successful trademark registration application. Compliance with instructions helps avoid mistakes or omissions that could result in delays or rejection of the application.
Missing the due date for filing a trademark application may lead to consequences such as delays, additional fees, or even the loss of potential trademark rights. It is crucial to be aware of the applicable deadlines and file the application in a timely manner to protect your brand.
Yes, you can file a trademark application for multiple classes of goods or services. Each class represents a distinct category of products or services. It is important to accurately identify and include all relevant classes to ensure comprehensive protection for your brand.
The duration of the trademark registration process can vary depending on factors such as the jurisdiction, the complexity of the application, and any potential objections or oppositions. On average, it may take several months to a few years to complete the registration process.
A trademark search is conducted to assess the availability and potential conflicts of the proposed trademark. It helps identify existing trademarks that may be similar or identical to your mark. Conducting a comprehensive search before filing an application can help avoid potential legal disputes or objections.
Trademark registration offers several benefits, including legal protection against unauthorized use or infringement, the ability to take legal action against infringers, establishing proof of ownership, building brand recognition, and facilitating licensing and franchising opportunities.
Yes, you can use the ™ symbol to indicate that you claim rights to a trademark even before it is officially registered. Once your trademark is registered, you can use the ® symbol to indicate its registration.
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Team EaseBis came to the rescue in crunch time. They were prompt, courteous and professional. Superlative service at super competitive price. Couldn't be more satisfied.
I was very lucky to be connected with Rashmita C, one of the consultants with this company. She is a great asset to the company, she is knowledgeable and helped me with my questions in a very professional manner and very little time considering the fact that there is rush in March
Highly impressed by the Turn around time of EaseBis. Got my company registered & filed the trademark. It was a seamless experience & amazed - had to not visit them even once. These guys are super reliable!
Excellent customer service from EaseBis team. Right from the time, the business engagement starts to the completion of e-filing and tax refund (if applicable), the team at EaseBis constantly assists the customer and is proactive to resolve queries in the shortest possible time.
The due dates for filing a trademark application may vary depending on the jurisdiction and the specific requirements of the trademark office. It is important to check the applicable rules and regulations and file the application within the prescribed timeframe to avoid any delays or penalties.