Why Register a Trademark?

Any mark, logo, name, symbol, letter, figure, or word used by an individual or a business to distinguish its goods or services from those made or marketed by others is considered a trademark. Customers must therefore be able to distinguish one’s goods or services from those of competitors. The provisions of the Trade Marks Act of 1999 regulate trademark registration. The government has granted the owner of a trademark the exclusive right to brand, sell, manufacture, and use goods and services, hence it is crucial to register a trademark.

Eligiblity

Anyone who claims to be the owner of a trademark, whether they are an individual, sole proprietor, business, or other type of legal entity, can apply for a trademark in India. One can submit a trademark application, and a few days after registration is granted, they can begin utilising the “TM” symbol. The Trade Mark Registry needs four to six months to finish the necessary paperwork. After the trademark has been registered and a registration certificate has been granted, one may use the registered sign. A trademark that has been registered is valid for ten years from the filing date and may be renewed on occasion.

Benifits

• Provides exclusive right to the owner
• Protects the brand from infringement
• Credibility of brand
• It becomes intangible asset of the company
• Help to establish goodwill with the customers

Process

Step 1: The applicant will need to carry out a thorough trademark search as the initial step. Even if the trademark’s name is distinctive and one-of-a-kind, completing a trademark search is still necessary. Therefore, the applicant must continue with the trademark search procedure. A search will prevent any unnecessary litigation from taking place and wasting the applicant’s time. So it’s important to carry out a trademark registration search. The applicant must thus visit the website listed below to complete the trademark registration process in India: http://www.ipindia.nic.in/.

Step 2: Submit an application within the territorial limits to the Trade Marks Registry.
You must decide whether to file an application with the trademark registration within the set territorial limitations of the work after looking for your brand name or emblem as a trademark. Nowadays, the process typically takes place online. The application process can, however, also be done offline. Consequently, there are two ways to register a trademark in India: offline and online. The following URL must be taken into consideration for the online procedure to register a trademark in India: https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx.

Step 3: The Registrar may revoke the acceptance of the application after it has been accepted but prior to registration after speaking with the applicant.
After hearing from the applicant during the following stage of the trademark registration process in India, the registrar may decide not to accept the application. This process often takes place prior to trademark registration.

Step 4: After the application has been approved, the Registrar publishes it.
An advertisement for the trademark application is published in the trademark office’s publications when the Registrar accepts it. The examiner would check the aforementioned application for any irregularities during this process. This procedure would typically take 12 to 18 months. Following this procedure, the trademark examiner has three options: approve the application with conditions, reject the application, or object to it. If the examiner approves the trademark application, it will be published for advertisement in the appropriate journal.

The applicant would be informed if their application had been rejected or accepted with conditions after the examination. Following this procedure, the applicant would have one month to fulfil all the requirements outlined in the trademark examination report. The applicant would need to satisfy the requirements listed in the report.

The trademark or logo would only be published once the applicant met the requirements. The applicant, however, has the right to dispute the trademark registration. If the register believes that such a trademark should be permitted to be published in the journal following the hearing, then the same must be permitted.

Step 5: Within three months of the advertisement, other Parties may voice disagreement.
When a trademark or logo is published in a journal, any type of third party may object to the publication. Three to four months are typically given for trademark opposition following publication. However, if there is no opposition after three to four months of publishing, the same will be taken into account for registration. If within those three months there is any kind of opposition, the trademark registrar will hear it in order to register the trademark.

Step 6: If any changes or amendments are needed, the registrar may grant permission.
The registrar would proceed with the procedure of registering the trademark after the aforementioned stage is finished. The applicant must complete this stage in order to obtain the trademark registration certificate.

Step 7: The applicant obtains a registration certificate bearing the trademark registry’s seal.
The application will go on to the trademark registration process once the aforementioned procedure is finished. In this case, the trademark register would stamp its seal on the certificate of registration of the trademark. This seal would serve as proof that the specific brand or logo has been officially registered as a trademark.

Step 8: The trademark registration process is approved for the applicant when they obtain the certificate of registration from the Registrar of Trademarks. The applicant will own the trademark for ten years after it is granted. This is referred to as the trademark application’s validity. The trademark may be renewed after 10 years.

Documents Required

• Name, nationality, and address information for the applicant
• the certificate of establishment for a company or LLP.
• If a corporation qualifies for a lower filing charge, they can use Udyog Aadhar Registration.
• a thorough explanation of the goods or services that the trade mark represents.
• A trademark application must specify one of the 45 trademark classes, but several classes (Class 99) of trademark applications may also be filed.
• The applicant must sign the power of attorney in Form TM-48 Format (Form of Authorization of an Agent).

Significance of trademark symbols

The following can be the brand status when submitting an online application for trademark registration.

• TM: TM with your logo may be added while the application is awaiting clearance. Only products may bear the TM mark.
• SM: Adding SM with your logo is possible while the application is being reviewed. Only services may use the SM mark.
• R: When the Registrar of the Trademark Registry has authorised your TM application, you can add R with your logo.

Trademark Registration Types

• Typical Mark: A generic trademark designates the attributes, traits, or components of the product that your company sells.
• Descriptive Mark: A descriptive mark simply helps to describe the product while identifying one or more features of a good or service.
• Speculative Mark: A suggestive mark provides information about the products or services. This type of mark is eligible for protection without the need for a secondary meaning.
• Imaginative Mark: A word, name, or logo that stands out from other trademarks is referred to as a whimsical mark. Due to the fact that this category often doesn’t compete with anything else or become too generic, it is the simplest to secure trademark protection.

Validity of a Trademark Registration Certificate

The Trade Marks Act of 1999, Section 25, states that a trademark is registered for a duration of ten years, after which it may be renewed occasionally. The Registrar will deliver the notice to the proprietor/owner upon the expiration of the trademark’s registration. If an application is submitted in the specified format, along with the required fee and surcharge, within six months of the last expiration date, the trademark will not be struck from the register by the Registrar. After that, the trademark will be renewed once more for the following 10 years.