Trademark Registration

What is Trademark registration in India?

Trademark registration in India allows the applicant to use symbols or words to represent a business or the products that are offered by a business to distinguish the goods or services that are offered by them from the competitors. After the trademark is registered in India no other organization cannot use it as long as it remains in use.

The “™” symbol can be used with the trademark applicant with the brand once it is registered. Trademark registration is an asset for the company to protect the brand name it is necessary to apply for trademark registration in India. It is always better to obtain the trademark registration under the guidance of an expert as the process has various steps to be followed and also requires regular follow-up from the government.

IndiaFilings has helped thousands of applicants across India to get their trademark registered.

Types of Trademark registration in India

Various types of trademarks can be registered like product mark, service mark, collective mark, certification mark, shape mark, sound mark, collective mark, certification mark, shape mark, sound mark, and pattern Mark. Though there are many trademarks the purpose for them is the same that is to enable the consumers to identify the goods and the services that are manufactured by certain manufacturers or service providers. Let us take a look at the various types of trademark registrations in India.

Product Mark A product mark is used on a good or a product rather than a service. A product mark helps in recognizing the origin of the product and helps in maintaining the reputation of the business. Trademark applications that are filed under the trademark 1-34 could be termed as product marks as they represent goods.

Service Mark Service Mark is similar to a product mark but the service mark is used to represent a service rather than a product. The main purpose of the service mark is that it helps in distinguishing the proprietors from the owners of other similar services. The trademark applications are filed under the trademark class 35-45 that could be termed as a service mark as they are representing the services.

Collective Mark The collective mark informs the public about the certain distinguishing features of the products and the service that is used to represent a collective. A group of individuals can use this mark so that they are collectively protecting the goods and the services. The mark holder can be an association or it can be a public institution or also a Section 8 Company.

Certification Mark It is a sign that denotes the product’s origin, material, quality, or other specific details which are issued by the proprietor. The main purpose of the certification is to bring the standard of the product and also guarantee the product to the customers by showing that the product has undergone standard tests to ensure quality. Certification marks are usually seen on packed foods, toys, and electronics products.

Shape Mark The shape mark is exclusively used to protect the shape of the product so that the customers find it relatable with a certain manufacturer and prefer to buy the product. The shape of the product can be registered once it is recognized that the product has a noteworthy shape.

Pattern Mark The pattern marks are for those products that have a specified designed pattern that comes out as the distinguishing factor of the product. Patterns that fail to stand out as remarkable marks are rejected. For a pattern mark to be registered it should stand out as unique.

Sound Mark A sound mark is a sound that can be associated with a product or the service that is originating from a certain supplier. Sound logos are also called audio mnemonics and they appear to be at the beginning of the end of the commercial. The most popular sound mark in India is the tune for IPL.

Benefits of getting Trademark registration

Why is it necessary to obtain a Trademark registration?

There are several reasons to get a trademark registration but most are necessary for all the companies and the willing entrepreneurs as it acts as an important asset for the company. There are many advantages of getting a trademark registration and utilizing the services. Here are some advantages.

Intellectual Property Protection

Trademark registration provides legal protection against the misuse or copy of the company’s name or registered logo. The owner of the trademark receives ownership of the trademark which can be legally upheld in any court. Registering a trademark lets the owner of the trademark receive nationwide ownership of the mark which can be legally upheld in any court.

A trademark registration grants an official notice that the trademark is already owned.

Powerful Deterrent

A trademark owner obtains the right to publicly advertise the brand as a registered trademark that alerts others and forestalls the defense of the innocent infringement. Once the trademark is registered the trademark will appear in the search reports that will discourage the other applicants from proceeding with the same or similar mark registration.

If you are the first one to register a Trademark then the National Trademark office in New Delhi will refuse the registration to any trademark which seems confusingly to any other such Trademark.

Legal Remedies

By getting a Trademark registration in India the owner of the trademark can recover up to triple damages from the infringer. The owner receives the presumption of being the valid owner of the mark. Registering a trademark gives the owner a right to sue anyone who is misusing the mark to sue in any court. An unregistered Trademark on the other hand is open to suits

Advantages of Trademark Registration:

  1. Exclusive Rights:
    The owner of Registered Trademark enjoys exclusive right over the trademark. The owner can use the same for all the products falling under the class(es) applied. Further, the owner can enjoy the sole ownership of the Trademark and can stop other from the unauthorised use of the Trademark under the same class where it is registered. It gives the right to sue the unauthorized user of the Trademark Registered.

  2. Builds trust and Goodwill:
    The established quality of your product and services are known by everyone through the trademark and which establishes trust and goodwill among the customers in market. It helps in creating permanent customers who are loyal and always opt for the same brand.

  3. Differentiates Product:
    It makes easy for customers to find your products. It makes your product and identity of products different from that of the existing and foreseen competitors and acts as efficient commercial tool. The logo can communicate your vision, quality or unique characteristic of your company and any organisation.

  4. Recognition to product’s Quality:
    It gives recognition to the quality of the product. Customers attach the product’s quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo/brand name.

  5. Creation of Asset:
    Registration of Trademark creates an intangible asset i.e. Intellectual Property for an organisation. Registered trademark is a right created which can be sold, assigned, franchised or commercially contracted. Also, the Trademark is an intangible asset which gives the advantage to the organisation.

  6. Use of ® symbol:
    Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark. It is exclusive of all types of usages as well as rights. If someone else use the trademark then you can also sue the party if the trademark is registered.

  7. Protection against infringement:
    No competitor or other person can use the wordmark or logo registered by you under trademark. However, if in any case one uses it without the approval of the owner of trademark or make any deceptive use of same, the owner can get the legal protection under the Act and stop the person doing so.

  8. Protection for 10 Years at low cost:
    Online Trademark registration is done on a very low maintainability cost. Once you register the trademark you have to just pay the maintenance cost and renewal cost which is after 10 years of registering the trademark. It is cost efficient and helps your company create an unique image.

  9. Global Trademark Registration:
    If one wants to register the trademark in countries other than India, the trademark registered in India can be used as basis of registration there. For any person willing to expand outside India, the trademark registered in India can provide a good base along with the Established Goodwill in the Country.

Attract Human Resources:
Young minds aspire to join big Brands as it acts as a magnate. It inspires the positive image of the organisation and thus candidates are attracted towards them easily. This reduces the cost towards hiring and related activities.

Important things to know before getting a Trademark registration

With technological advancements, Trademark registration can now be done online. IndiaFilings has helped thousands of businesses across India.

  • 1

  • Trademark Search
    Trademark Search:It is necessary that before beginning, the entrepreneur must search for trademark availability. Doing a Trademark search will provide information about identical or similar Trademark filed with the Trademark Registry. Our article on How to do Trademark research? Will guide you with the same.

  • 2

  • Trademark Filing
    After completing the Trademark search, the trademark registration application can be filed with the Trademark Registrar. However, the application must be made in a prescribed manner and filed along with the mentioned fees. The application can be made online or in any five Trademark Registrar’s offices with jurisdiction over the state. Visit the IndiaFilings website to carry on Trademark Registration online.
    The Trademark Registration application must contain the following information:

    • Logo or the Trademark

    • Name and address of the Trademark owner

    • Trademark used Since the date

    • Description of the goods or services

  • 3

  • The Vienna Codification Process
    The Vienna Classification or Vienna Codification, established by the Vienna agreement (1973), is an international classification of marks’ symbolic elements. Once the Trademark registration application is filed, the Trademark Registrar will apply the Vienna classification to the Trademark based on marks’ figurative elements. While this work is in progress, the trademark application status usually reflects as “Sent for Vienna Codification.”

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  • Trademark Examination
    After Vienna Codification’s completion, the Trademark registration application will get allotted to an officer in the Trademark Registrar’s office. The officer will then review the Trademark application for the correctness and issue a Trademark examination report. The officer can accept the Trademark application, allow trademark journal publishing, or object to the Trademark registration process.
    If the application is rejected, the applicant can appear before the Trademark officer and address the objections. If the officer finds the justification satisfying, the Trademark would be then allowed for Trademark journal publication. If the reasons are not satisfactory, the applicant has the right to appeal the officer’s decision before the Intellectual Property Appellate Board.

  • 5

  • Trademark Journal Publication
    When the Trademark Registrar accepts the registration application, the proposed Trademark is published in the Trademark journal. This journal is published weekly and includes all the trademarks that the Registrar has received. Also, the public can object to the Trademark Registration if they think that the registration can damage them. If there are no objections within 90 days of the publication, then the mark will be registered within 12 weeks.
    If the application faces opposition by a third party, a hearing will be called for by the Trademark Hearing officer. Both the applicant and the opposer have a chance to appear and provide their side of justification, respectively. Based on the hearings and the evidence put forth, the Trademark Hearing Officer will determine if the application should be accepted or rejected. However, the decision by the Hearing officer can also be challenged by the escalating officer.

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  • Trademark Registration
    If there are no objections or oppositions, only the Trademark manuscript and trademark registration will be prepared and issued. Only after the Trademark registration Certificate is issued, Trademark is considered to be a registered trademark of the owner, granting the owner some exclusive rights of the mark. The ® Symbol can now be placed to the logo or the Trademark.

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