Trademarks

Overview Advantages Procedure Consultation Process Documents Required Objection Renewal FAQs

A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others,although trademarks used to identify services are usually called service marks. Customers identify a product by its trademark. Value and importance of trademark increases as the business grows. Trademark is a valuable property of any business. Sometimes trademarks like Coca-Cola, Pepsi, IBM, Philips, etc. get worldwide recognition. It is necessary for a business that a trademark is not used by an unauthorized person. The Trademarks Act, 1999 has been enacted with an intention to protect rights of trademarks of business.

The foundation behind right to restrain the use of a similar name is the principle that no one is entitled to represent his business or goods as being the business or goods of another. A trademark may consist of a device depicting the picture of animals, human beings, etc., words, letters, numerals, signatures or any combination thereof. Since a trademark indicates relationship in the course of trade, between trader and goods, it serves as a useful medium of advertisement for the goods and their quality.

Advantages of Trademark Registration

Helps in differentiating products/services.
Protection from infringement.
Helps in building goodwill.
Gives legal protection.
Helps in promotion.
Opens up better opportunity.
Gives unique identity to the business.
Creation of intangible asset.

Procedure of Trademark Search

Navigate to website of the Comptroller General of Patent Designs and Trademarks and follow these steps:-

Select “Wordmark” as the Search type at the top of the page
Enter the wordmark you would like to search on the trademark database. The trademark database can be compared against the search query with three conditions- ‘start with,’ ‘contains’ and ‘match with.’
The class of the Trademark that is applicable should be entered. Trademarks are divided into 45 classes wherein each class represents a distinct group of goods and services. A registered trademark or trademark application will only be pertinent to the class under which it is applied for
With the final step, you can click on search to begin the Trademark search.

Selecting the option “show details” would display information pertaining to the trademark. Trademark must not be registered same as any existing one. If the results show no results found then there’s no registered trademark same as searched ones.

Trademark Consultation

Patent search is done to verify the uniqueness of your invention. Patent can’t be similar or same to any other patent. P

Trademarks are those marks which helps business to get identified in market. It is very easy to get trademark registered but it is preferred by most of the business to get it done professionally in order to avoid any unwanted consequences.

Trademark consultation with professional is very much convenient. It has following benefits-

Helps in the systematic filing of the application.
Registration is done in a manner as prescribed by the rules and regulations governing Trademark law.
Helps in removing ambiguities.

An application not filed in a manner prescribed can be rejected and applicant will get no legal right on the trademarks. That’s why it is good to get trademarks registered professionally.

Trademark Registration

Trademarks are those marks which help businesses to get identified in the market. Trademark registration India is under the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999. Trademarks are intellectual property.

Types of Trademarks

Name
Symbol
Music
Image
Logo
Number

Word
Packaging
Shape
Slogan
Graphic content
3D image/content

Who can apply for trademark registration?

Private firms
Individuals
Companies – LLP, OPC, Private Company, Public Company, Partnership, etc.
NGO’s

Process of Trademark registration

Trademark search to ensure that there are no issues & there are minimal chances of an objection being raised in the future.
After choosing name or design, prepare the authorization letter duly signed, to a registered lawyer or agent to apply for trademark registration.
Once the application gets approved, we can start using ™ symbol.
Once a trademark application is complete, the application will be verified by the trademark office. The government can also object if your name similar to some other trademark in the same class, or the name is deemed obscene and hurts religious sentiments.
If the objection has been filed on your trademark and the opposition doesn’t agree with your response, then hearing is held before the registrar.

Documents required for registration

Address proof of applicant.
Identity proof of applicant.
Trademark material.
Registration certificate.
User affidavit.
Proof of use of ™.
Signed form 48.
MSME recognition.

Trademark objection

After the scrutiny and verification, registrar issues an examination report for trademark. In that report registrar can come up with an objection. A response to this must be filed within a month otherwise registrar will abandon the application.

Reply to objection

Assess the examination report. You must get it done professionally. Get assessment of implications of notice. Get drafted objection reply and review it. Submit the response.

Trademark Renewal

The trademark remains valid just for 10 years after that one needs to file for Trademark Renewal. Trademark renewal must be filed before the expiry of the trademark. The renewal application form must be filed before the deadline to have the seamless protection of the trademark without any chances of litigation.

The process for the same is as follows:-

The application of renewal is done in form TM-12
The application can be executed by either the registered owner of the trademark or an agent approved by him.
You must take the help of a professional to register for the renewal of a trademark application to guarantee that the mark is well protected. This is because you may need to increase the scope of protection. After all, if your brand has lasted 10 years, it’s likely that it will have outgrown the classes you had 1st registered it under.
Filing a trademark renewal application increases protection by another 10 years. The trademark registrations are applicable for another 10 years and renewed again before expiry.

FAQs

1. What is Trademark Registration?

The Trademark Registration is registering of visual symbols which can be a word, name, device, label, digits, etc. Trademark registration in India helps the candidate or the trademark owner to safeguard his logo or trademark. Trademark registration also helps to evade duplication within the trademarks.

2. How to get trademark registration done?

The easy way to get trademark registration done, involves the first step as “selecting a name then do a trademark search, after that file an application for the trademark registration”. Then fill the required documents like the name of the trademark or address. Then the application is examined after that the trademark is published in the Indian Trade Mark Journals. Lastly, the issuance of the trademark registration certificate.

3. How much does it cost to get trademark registration?

The cost of registering trademarks starts from almost Rs. 6000/-

4. What is the process to get trademark registration?

The process to get trademark registration: Step 1: The first step is the choice of a trademark. Step 2: The applicant must search the trademark records registry and assures that the proposed trademark does not match or the same to the registered mark. Step 3: The search can be done online or by the trademark office. Step 4: It is advisable to discuss an experienced lawyer as they are well-versed in their profession and are being prepared to conduct an exhaustive search.

5. What is the difference between Provisional and Non-Provisional Patent?

6. What are the documents required to get the trademark registered?

Every applicant including corporations will have to give the following documents to get a trademark registered: – “Address proof of the person or company registering for the trademark, a copy of the logo, certificate of partnership deed and ID proof of the person registering for the trademark”.

7. What is trademark infringement?

Trademark infringement is basically the illegal use of a trademark or service mark linked to goods and services.