Trademarks

Trademark Registration – An Overview

A Trademark is a sort of Intellectual Property including design, name, sign, word, or expression which recognises a product or service of a particular company from others in the same market. The owner or proprietor of a Trademark can be a company, organisation or any individual. A Trademark may be seen on a label, a package, or on the product itself. In India, Trademark Registration allows the owner to use names, images, symbols, or words to represent a business or product provided by a company or a business to differentiate the products or services. Once the Trademark is registered in India, no other business or organisation can use it as long as it remains in use.

The Trademark Registration in India also provides the exclusive right to sue others who try to use, sell, or copy your Trademark and prevents others from using an identical Trademark to the one registered by you. Once your Trademark is registered, then the owner can use the TM symbol on it. So it is advisable to get Trademark Registration under the proper guidance of a legal expert because the registration process of a Trademark has various steps, and it also requires regular follow-up from the Government.

Benefits of Trademark Registration in India

Following are some benefits of Trademark Registration in India:

• Differentiating ProductsTrademark Registrations are unique to the products or goods they represent. Registration will enable the differentiation of your product against the product of your competitors in the same marketplace. Since the Trademark registration will be valid for the entire class of products or services represented, it will help uniquely identify your products. Customers recognise products carrying different Trademarks, creating a client base for your products or goods.
• Trademark RecognitionTrademark Registration is valid for 10 years in India from the filing date of the Trademark application. However, after ten years owner can renew it also. If you desire to use your Trademark outside India, then you need approval or Trademark Registration in the respective countries where you want to use the Trademark. In such instances, your Trademark Registration and business in India performs as a foundation to get registrations in other countries.
• Expand BusinessWith a unique Trademark, you can build a solid customer base, and your Trademark helps you in expanding your client base. Registration grants exclusive rights of use for ten years and safeguards your business profits. Business enterprises can leverage the advantages of a client base by introducing new products and expand their business.
• Brand RecognitionCustomers are connecting a product’s quality, features, and so on with the company making such products. They know the product generally by the logo, which would be registered Trademark. Registration of Trademark provides brand recognition for your products and services. It also generates goodwill associated with the brand. Hence, your brand is identified as well as carries a market value.
• Legal ProtectionTrademark is the part of Intellectual Property, and they are protected from infringement. Trademark Registration also provides an exclusive right to use the Trademark regarding the “Class” of products or services it represents. Once you file the application, the Symbol “TM” can be used with your products, and the Symbol “R” can be used only after getting Trademark Registration Certificate. In case of any Trademark Infringement, you can sue anyone how tries to copy, sell, or distribute your registered Trademark without any proper permission from the actual owner.

Eligibility Criteria for Trademark Registration in India

In India, Trademark Registration can be obtained by businesses or individuals or by non-profit organisations. But, each of the different class of individuals or companies have different necessities for obtaining Registration of Trademark. Following is the eligibility criteria:

• Proprietorship FirmsAt the time of filing a Trademark application in India for a Proprietorship Firm, the full name of the candidate should be mentioned, and the business name or Proprietorship is not acceptable.
• Overseas CompanyIn this case, the overseas company files an application for Trademark Registration in India. The application of Trademark is to be made in the corporate name as it is registered under a foreign country.
• An IndividualAn individual who wants to start a business in the future can also file an application and obtain Trademark Registration in India for a name, word, design or a symbol that is planned to be used by the owner.
• Partnership FirmsWhile filing a Trademark application for the Partnership Firm, all the partners’ names should be mentioned in the application form. IF the Partnership Firm consists of a minor in the partnership in the guardian’s name who is showing the minor should be mentioned in the Trademark application.
• LLPIn this case, the application must be in the name of the LLP. A Limited Liability Partnership is a registered body where the partners have their own identity. The partners cannot be the candidate as the Trademark belongs to the Limited Liability Partnership.
• Society or TrustIf the Trademark application is filed on behalf of the Society or Trust, then the name of the Chairman, Managing Trustee or the Secretary that is showing the trust or the Society is to be mentioned.
• Indian CompanyIf the Public Limited Company, One Person Company, or a Private Limited Company files a Trademark application, the application is to be made in the company’s name. As they all are self-governing companies, they are applied cannot be made by the Director. However, the application form can be signed and submitted by the company’s Director or any legitimate officer.
• Joint OwnersIf two individuals are deciding to file an application for Trademark Registration, then the name of both individuals should be mentioned in the Trademark application.

Documents Required for Trademark Registration in India

Following are some essential documents that must be arranged during the Trademark Registration Process in India:

• Submit any identity proof of the owner (Such as Aadhar Card, Passport, Driving License, PAN Card, etc.);
• In case of Limited Liability Partnership or a Private Limited Company submit Partnership Deed or Certificate of Registration (COR);
• Submit the address proof (all the latest utility bills);
• Udyog Aadhar Registration;
• Power of Attorney signed by the applicant.
• Submit a copy of the logo (optional);
• Duly-signed Form-48.

Form 48 – This form is an authorisation from the applicant to a Trademark Attorney for filing an application for Trademark Registration on their behalf.

Procedure for Online Trademark Registration in India

Following is the online procedure for Trademark Registration in India: Step 1: Trademark Search This is an essential step of Trademark Registration before commencing Registration; it is necessary for any entrepreneur to search for Trademark availability. Trademark Search will provide detailed information of similar Trademark filed with Trademark Registry. Step 2: Filing of Trademark Application Once you complete the Trademark Search, then the Trademark application can be filed with the Registrar of Trademark. The Trademark application should be in a prescribed manner and filed along with the prescribed fees. The Trademark application can be made online or in any Registrar Offices of Trademark with jurisdiction over the state. Following are some vital information that is mentioned in the Trademark application:

• Logo or name or the Trademark;
• Detailed information of the products or services;
• Full name & address of the Trademark holder;
• Trademark used before (if any).

Step 3: Examining Trademark Application: Once the Trademark application is submitted, the Trademark Registrar will examine whether you have followed all the terms and that your Trademark or brand name complies with the existing law. Moreover, there shouldn’t be any similarity with any pending or existing brands for the Trademark registration. This is the reason it is vital to choose a unique brand name. Step 4: Trademark Publication in the Indian Trademark Journals: After the examination process, the Trademark Registrar will publish your brand name, mark, or logo in the Indian Trademark Journal. This is surely the most crucial part of the Registration, and there shouldn’t be any opposition within three months or 120 days in some cases, from the date of publication. When there is no opposition, the Trademark Registrar will proceed towards the issuance of the Registration Certificate. Step 5: Trademark Opposition: In case there is any Trademark Opposition by any 3rd party within three months of the publication, the Trademark Registrar will send you a copy of the Opposition Notice. You need to reply to the notice by filing a counter-statement within two months; otherwise, the application for Trademark Registration will be deemed as rejected. But, if there is no opposition within the prescribed time, then this step will not apply to you, and your Trademark is proceeding towards acceptance for the issuance of the Registration Certificate. Step 6: Hearing on Opposition: This is applicable if there is any Trademark Opposition. Suppose your Trademark is opposed by a 3rd party, and you send your counter-statement within two months of time. In that case, the Trademark Registrar will send your counter-statement copy to the 3rd party opposing Registration of Trademark. Evidence or proof must be submitted by you and the 3rd party in support of your case. The Trademark Registrar will give an opportunity to you and 3rd party of hearing after submission of evidence. After hearing both the parties & considering the evidence, the Registrar will pass an order of rejection/acceptance of the application. If the Trademark Registrar accepts your application, then they will process to issue a Registration Certificate. Step 7: Issuance of Trademark Registration: If there is no opposition within the prescribed time of 90 days, then the Trademark Registrar will accept your application. And then, the Registrar will issue the Trademark Registration Certificate with the Trademark Registry Seal.

How to Check Trademark Application Status in India?

Once you file the application for Trademark Registration, you can check the Trademark status by following the steps below:

• Step 1First, you have to visit the online website to check the status of the Trademark application, i.e., https://ipindiaonline.gov.in.
• Step 2On the left side of the website, you will see the first option that shows “Trade Mark Application/Registered Mark”, click on this button. Once you clicked it, two options will appear on your screen (National/IRDI Number and International Registration Number); you have to click the first option, which is the National IRDI Number.
• Step 3After this, you have to enter the Trademark application number, enter the captcha code, and click on the “View” button.
• Step 4Once you click the View button, the Trademark application status will appear on your screen.

Important Points to Know About Trademark Registration

• Trademark SearchThis is generally used to check if a particular Trademark already exists in the Trademark Journal. The Trademark Search can be conducted through the database of the Indian Trademark Registry or a third-party website.
• Visual RepresentationFollowing are the types of Trademarks that you can get registered: • 3-D Marks; • Word Marks; • Series Marks; • Geographical Indicators; • Service Marks; • Collective Marks; • Certification Marks; • Colour Marks; • Sound Marks; • Logos and Symbols; • The Shape of Goods.
• Selection of ClassThe products or services are categorised into 45 different Trademark Classes. Every brand name is to be registered under the suitable class during Trademark Registration. Out of 45 Trademark Classes, 34 are Product Classes, and the other 11 are Service Classes.
• ValidityThe validity of a registered Trademark is only ten years, and it can be renewed further. However, the process of Trademark renewal may be started only within one year before the expiration of the registered Trademark. If the owner fails to renew the Trademark within the time, then the Trademark will be removed. Even on removal, the Trademark can be restored, which is known as Trademark Restoration in the prescribed form.
• Intangible AssetTrademark is an essential part of Intellectual Property, and being a part of IP, it heaps of benefits to the company or business. Once the Trademark is registered, it automatically becomes an intangible asset that can be distributed, traded, commercially contracts, and franchised.
• VoluntaryThe registration is done on a voluntary basis, but, is a Trademark is registered, it holds robust proof that the Trademark ownership belongs to the individual who has taken the effort to register it. All legal decisions will be in support of the party that had the Trademark registered.
• Protection Against Trademark InfringementThe Trademark owner can exercise their lawful rights if there is any Trademark Infringement concerning the logo, name, word, or slogan of the owner that has an active Trademark against it. The registered Trademark holder has the exclusive right to sue any unauthorised party or third party that uses, copies or distributes the Trademark without any permission of the actual owner.
• Trademark Symbols: 1. TM or Trade Mark and SM or Service MarkTM and SM mean the Trademark has not been registered yet, but the application is pending. 2. R SymbolThis Symbol represents a newly registered Trademark that is empowered to show the R symbol next to the Trademark. 3. C SymbolThis symbol is used to define the Copyright that the owner has over some creative work, and this Symbol is valid for a lifetime.