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What is Trademark Registration
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:
- The selected mark should be capable of being represented graphically (that is in the paper form).
- It should be capable of distinguishing the goods or services of one undertaking from those of others.
- It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
As per the Trademark act, Trademark registration in India helps the applicant or the trademark owner to safeguard his logo or trademark. Trademark registration also helps to avoid duplication within the trademarks.
Additional Read : What cannot be Trademarked in India?
What is Brand Registration or Brand name Registration?
Now lets see the four basic steps in which we will know how to register a brand name in India. First step has domain registration which includes the registration of the domain before initiating a online business. Second step is Business registration needs to be done with the brand name. Third Step the most important step is Trademark registration where you have to apply for trademark online and register your brand name or logo.
Fourth Step This one is another important procedure is to copyright registration which will avoid duplication of your brand name and logo.
What is Logo Registration?
Logo registration has numerous advantages once your brand reaches to a certain level. The little exertion it takes will enable you to build up your entitlement to the logo (or even word, sound, graphics) in court, keeps comparative names from being enlisted by different organizations who has similar business type and is a benefit for any investor.
Why trademark registration is important in india
The basic reason for Trademark registration in India is to differentiate two goods which can belong with same category of business or also may differ. Trademark registration helps the trader or the business holder to get several rights and benefits.
There are few reasons why trademark registration is beneficial and important in India.
- Helps to differentiate goods from the competitors.
- It indicates the quality of of product.
- Helps to earn goodwill and establish a brand.
- The brand can serve as a important factor to grab the attention of the customer.
- Trademark registration can increase sales volume.
- Unregistered trademark may affect your brand reputation.
What are the different Trademark classes
Trademarks are classified in different classes for goods and services. There are in all 45 classes of trademarks which are as follows:
LegalDocs provides free trademark class search tool where you can search a right class while appling for your trademark
Trademark class Search
LegalDocs provides free trademark class search tool where you can search a right class while appling for your trademark
Additional Read : Trademark and Trademark Class List in India
Procedure for Trademark Registration
The basic trademark registration can be done within a day or two, where the applicant can apply for registering the trademark, but the procedure of completing trademark registration is really very vast. It takes maximum 1 to 1.5 years for the procedure. As there are several steps for registering the trademark.
How the Online Trademark Process works?
- Trademark search
Prior to documenting a trademark application, it's prescribed that a trademark search need to be done to know all comparable or existing trademark applications recorded alongside with its status. A trademark search can help to figure out the uniqueness of your trademark as well as protect you from objection. You can complete this search by visiting the “Public search” website. - Selection of classes
In all, there are 45 classes of Trademark, before applying for registration you need to know under which section or class your product lies. Every brand has registered themselves under particular class. Make sure while searching you are aware of the class under which your product lies. - Application filing (Get ™ number)
Fill the form 48, after filing the application you will receive a ™ number by which you can start using ™ symbol as well as the track your application easily. - Use ™ symbol
As soon as you complete filing you will be liable to use the ™ symbol on your Trademark. - Vienna classification
This is a vital step in the Online Trademark registration procedure. The Vienna Classification or Vienna Codification is a worldwide characterization of the components of the trademark. When you have documented an application for a trademark, the Trademark Registrar will affix a Vienna Classification on your trademark. At this stage, the application peruses,, 'Sent for Vienna Codification - Application processing begins
As soon as the filing is completed, the Government will process the application within 1 year. It can also happen that the Trademark might get rejected or objected in case find similar with existing registered Trademark. - The objection of the Trademark
A trademark application can be objected to during verification, therefore while search you need to make sure that the trademark does not exist. In case your Trademark is objected you need to provide the evidence against it within 30 days of objection. - Hearing
If the officer rejects your application you need to provide appropriate evidence proving the details against the objection. If the registrar is satisfied then he will forward the document. But in case its rejected again then a hearing will be scheduled where you have to explain about the details and why it should be approved. - Publishing journal
In case the application is accepted then it will be published in the Trademark journal for 90 days. In between that period, an individual has an opportunity to raise for an opposition. If it's opposed then the person will get a chance to prove about the oppositio - Certificate of Registration
When you will pass through all these stages, and if the application is approved then you can start using the ® symbol which indicates that the Trademark has been registered. The entire procedure depends on the government which might take a year or two. - Infringement trademark
It is an unauthorized use of a trademark. In case any individual is found doing these will receive a notice for a cease of that Trademark.
Documents Required for Trademark Registration
Documents
| Scanned copy of Registration Certificate |
| Signed Trademark application |
| PAN Card or Passport or Election ID Card |
| Scanned copy of Voter's ID/Passport/Driver's License |
| JPG Format of Logo/Brand Name |
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Advantages of Trademark Registration
- Enjoy exclusive rights
Trademark registration helps the proprietor to get exclusive rights and use it with every possible ways. Conceivably the most vital explanation behind enrollment of an Trademark is that it categorizes the organization in an authorized firm. - Maintains security
An enlisted trademark can be hypothecated as security, implying that an enrolled exchange stamp can be promised as security to anchor advance offices similarly as steady property can be reinforced. - Explore yourself in other nations
Registered Trademarks can be utilized in some of the foreign territories and the business can be expanded. - Attract people
Trademark registration helps to attract human resource as people love to work with brands and Trademark registration helps to make the firm as a brand itself.
Additional Read : Benefits of Trademark Registration
What Are The Different Trademark Symbols
Trademark registration consists of different types of symbols such as (©) , (®), (™). It is necessary to know when and how to use these symbols can be confusing so we need to understand the terms and conditions for utilizing these symbols. (©), (®),(™) these symbols are as often as possible utilized with a trademark or copyright to show certain parts as protected with the registration.
- (“™”) & TM
A Trademark is commonly a name, word, symbol, image, logo, structure, picture or a mix of every one of these components which is utilized by an individual. This symbol can use with the brand name until your trademark is not registered and the application is in pending status. At the very first, (™) - Trademark & SM - Service mark is used when the trademark is unregistered. “™” is used for representing goods and SM is used to represent services. There is no requirement to use (“™”) & (SM) as their use does not have any legal significance. But it is better to use it, because when you use the “™” or SM, you advise the viewer about the claim of marking rights for similar mark and avoid duplication of the same mark. Business association, or lawful elements to recognize their items or administrations from others. Unregistered Trademark does not process the statutory right of violence but it has few benefits for using it. - ® - Registered mark
This symbol is used in various countries and it represents that the particular Trademark already exists and protected. There is no right for anyone to use this registered trademark and if used it can become a legal concern for the applicant.
This symbol is only allowed to use if the Trademark registration online process is completed.
Few countries can show legal consequences in case this symbol is used for unregistered Trademark.
It is not necessary for anyone to do any registration for the usage of the “™” symbol but before using ®, it is necessary to register it.
There are various benefits of Registered Trademark and the symbol ® such as security for the trademark, the right to use the symbol ® on the product or the brand, conquer the trust of the consumers.
In case a registered Trademark is in use then you can sue the opponent for this thing. - © - Copyright
Copyright is a right which exists in many countries, it helps to praise the creator of an original work. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use.
The symbol © or the word copyright is used to make the general population understand that the work is copyrighted and that you possess the work. In any case, the C symbol is never again required to ensure your work as it's naturally secured when the work is made.
In case the copyright sign is used when the application or the creator has the right to sue the person for using the trademark without permission.
When is Trademark objected?
If a Trademark is registered and the status is shown as “Objected” means the authority has received one or more objections on the Trademark, this can be because of duplication of existing registered Trademark or else the Trademark will be offensive as well as there are several other reasons for trademark objection. The objection is raised under section 9 and section 11. In Section 9 the objections are made if the authority finds the Trademark to be descriptive of goods. To overcome such objection you need to provide appropriate evidence and prove distinctive of your Trademark.
In Section 11 the objections are made by the authority when they find similar trademark which means such trademark already exist for similar goods, services or product.When the objection is made, the applicant needs to make sure that he provides appropriate documents within the provided time, this will help you to overcome the objection.
Procedure for Renewal of Trademark Registration
Trademark has the validity of 10 years, and its should be renewed before its expiry. Usually people forget to renew their Trademark ,therefore the registrar send a notice regarding the renewal and reminds them about it. A trademark can be renewed before 6 months of expiry. In case any individual fails to renew the trademark before its expiry, then it has the chances to get removed as well. The status will be shown as “abandoned” in case there is no request for use or renewal of the Trademark. One of the famous brand named Sony forgot to renew their trademark for popular games like Bloodborne & Kill Strain. But sooner or later the things went right and everything was sorted. So it is necessary to pay nominal fees for in every 10 years and fill the renewal forms for renewing your Trademark.
Why Trademark Registration is essential
| Trademark Search | Search Can be done on your own, it is typically much more involved than people realize. |
| Printing costs | If you don't register and you find out later that another company already has the same or a very similar name, you will have to redo all of your business cards, stationery, advertising, and signs. If you already have registered a domain name, you will have to change that as well. |
| Liability to Registered Owner | If you do not register and there happens to be a registered owner of the same or a substantially similar mark, that owner will have an indefinite period of time to find you and sue you for infringement. |
| Loss of Customers | In case there are multiple businesses operating on same name, you may lose customers, also it’ll confuse the customers |
| Option to Expand | You could lose the right to expand outside the original business area if you do not register. |
| Enjoy exclusive rights | Trademark registration helps the proprietor to get exclusive rights and use it with every possible ways. Conceivably the most vital explanation behind enrollment of an Trademark is that it categorizes the organization in an authorized firm |
| Maintains security | An enlisted trademark can be hypothecated as security, implying that an enrolled exchange stamp can be promised as security to anchor advance offices similarly as steady property can be reinforced. |
| Explore yourself in other nations | Registered Trademarks can be utilized in some of the foreign territories and the business can be expanded. |
| Attract people | Trademark registration helps to attract human resource as people love to work with brands and Trademark registration helps to make the firm as a brand itself. |
When to use (©), (®),(™)?
Knowing when and how to use these symbols can be confusing so we need to understand the terms and conditions for utilizing these symbols. (©), (®),(™) these symbols are as often as possible utilized with a trademark or copyright to show certain parts as protected with the registration.
- (™) & TM
A Trademark is commonly a name, word, symbol, image, logo, structure, picture or a mix of every one of these components which is utilized by an individual. This symbol can use with the brand name until your trademark is not registered and the application is in pending status. At the very first, (™) - Trademark & SM - Service mark is used when the trademark is unregistered. ™ is used for representing goods and SM is used to represent services. There is no requirement to use (™) & (SM) as their use does not have any legal significance. But it is better to use it, because when you use the ™ or SM, you advise the viewer about the claim of marking rights for similar mark and avoid duplication of the same mark. Business association, or lawful elements to recognize their items or administrations from others. Unregistered Trademark does not process the statutory right of violence but it has few benefits for using it. - ® - Registered mark
This symbol is used in various countries and it represents that the particular Trademark already exists and protected. There is no right for anyone to use this registered trademark and if used it can become a legal concern for the applicant. This symbol is only allowed to use if the Trademark registration online process is completed. Few countries can show legal consequences in case this symbol is used for unregistered Trademark. It is not necessary for anyone to do any registration for the usage of the ™ symbol but before using ®, it is necessary to register it. There are various benefits of Registered Trademark and the symbol ® such as security for the trademark, the right to use the symbol ® on the product or the brand, conquer the trust of the consumers. In case a registered Trademark is in use then you can sue the opponent for this thing. - © - Copyright
Copyright is a right which exists in many countries, it helps to praise the creator of an original work. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. The symbol © or the word copyright is used to make the general population understand that the work is copyrighted and that you possess the work. In any case, the C symbol is never again required to ensure your work as it's naturally secured when the work is made. In case the copyright sign is used when the application or the creator has the right to sue the person for using the trademark without permission. - Patent
Patent is an elite right for a creativity of someone Which is restricted by law for a specific period of time. By licensing an innovation, the patentee can control the making, utilizing, offering or bringing in of the protected item or process for creating that item without his/her assent. A development relating either to an item or process that is new, including innovative advance and equipped for the modern application can be licensed in India. Patent has its specific advantages such as it gives right to stop others from copying a specific mark, you can license your patent for others to use it, or sell it, as with any asset.
Consistently, the special authorities get a large number of applications for patent filing. And with that not every application gets approved, few of them are rejected as well. The applications are rejected because the authorities might find a similar type of ideas or patents. In this manner, rather than sitting idle on the patent procedure, it is best to search through patent search if there are any comparable innovations/applications effectively protected.
Additional Read : Difference between Trademark and Copyrights Symbol
What is included in our package
Included In Package
| Carrying out a Search report of the trade mark | Perusing the formalities check fail (if any) | Attending the TLA hearing at the Trade Mark Registry Mumbai. |
| Replying the objection raised in formalities check fail | Perusing of an Examination report issued by Trade Mark Registry; | Getting the mark published in Trade Mark Journal |
| Replying the Examination report | Follow up with the Trade Mark Registry | Perusing and Forwarding the Registration certificate to clients. |
How to Do a Patent Search
You don’t need to spend money for completing a patent search in India. A patent search should be possible through the Patent database of India accessible at http://ipindiaservices.gov.in/publicsearch
As per the status of a patent application, a patent search should be possible under two distribution composes: distributed or conceded. The client can pick the coveted distribution compose by tapping on the checkbox. The client can see numerous classifications like
- Application Date
- Title
- Theoretical
- Finish Specification
- Application Number
- Patent Number
- Candidate Number
- Patent Number
- Candidate number
- Candidate Name
- Innovator Name
- Innovator Country
- Innovator Address
- Documenting office
- PCT Application Number
- PCT Publication number
The whole class has a drop down box from which the client approaches change the classification. There is an inquiry box by each class where the client can enter the watchword of the patent that he needs to see. By entering an inquiry in excess of one box, the candidate can run exceptionally exact patent hunts. When the required catchphrases are entered in the separate boxes, there is a captcha code the client needs to clear.
This is how you can complete the patent search.
Additional Read : How to do Trademark Search?
Why Choose LegalDocs?
- Free Trademark Search
- Expert Consultation.
- Best Documentation Practices.
- End-to-End Support.
Trademark Registration FAQs
How to select a good trademark?
What is the function of a trademark?
Guarantees its unchanged quality.
Identifies its good or services at its origin.
Creates a different image for good and services.
It helps in the advertisement for the product.
Who can apply for Trademark and how?
LegalDocs will help you to get the Trademark registration done in few simple steps.
What are the different types of Trademark that may be registered in India?
Letters or numerals or any combination thereof.
Any sort of name (including person or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
The right to the proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
Devices, including fancy devices or symbols
Sound marks when represented in conventional notation or described in words by being graphically represented.
Monograms
Combination of colors or even a single color in combination with a word or device
The shape of goods or their packaging
Marks constituting a 3- dimensional sign.
Who benefits from Trademark?
What are the benefits of a registered trademark?
Sue the proprietor in case the registered trademark is used by some other firm illegally.
If two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
What is a source of trademark laws?
International multilateral convention.
National bilateral treaty.
Regional treaty.
The decision of the courts.
Office practice reduced in Manuals and guidelines and rulings of the Courts
The decision of Intellectual Property Appellate Board.
Text books are written by academician and professional experts.
What does Register of Trademark contain?
Can any correction be made in application or register?
Can a registered trademark be removed from the register?
What are the qualities of good Trademark?
Is the registration of Trademark mandatory in India?
How is Trademark designated in India?
What does ® & ™ means?
What can be registered as a Trademark in India?
Numerals
Names
Invented words
Letters
Devices
Shape of goods
Slogans
Sound mark
Signature
Can 3 - dimensional (3- D) trademark be registered in India?
Can sound and smell be registered as a trademark in India?
Can a domain name be registered as a trademark in India?
Is it possible to have a descriptive trademark registered in India?
What is a service mark?
What is a collective mark?
Who can apply for a trademark application in India?
Whether foreigners apply for trademark registration in India?
Can the multi-class application be filed in India?
Which trademark cannot be registered?
If the mark is confusing.
The content of the Trademark should not hurt any religious susceptibilities.
No offensive content should be included in it.
