Trademark Registration

Trademark helps in protecting the name, reputation, etc., of a brand. A trademark enables you to take legitimate steps in case if the trademark is used by a third party without the owner’s approval.

What is Trademark Registration?

A trademark is a type of visual symbol, which could be a word, label or some kind of colour combination used by an individual, business organization or any legal entity. It can be found on a package, a label or on the product. Often, it is displayed on the corporate building, as it is acknowledged as a type of intellectual property.

In India, trademarks are filed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. All trademarks are enrolled under the Trademark Act,1999 and provide the owners of the trademark the power to sue when infringements happen. After the Trademark registration process is completed, the R symbol can be applied.

Registration will be valid for 10 years, registered trademarks can be renewed by filing a renewal application for a period of another 10 years.

Trademark Application

• Name- A name of the applicant or the signature of the applicant.
• Word- A word that is not exactly descriptive of the quality or character of the services or goods. For e.g., Facebook is a word that is a trademark.
• Numbers- Letters or alphanumeric or any kind of combination. for example, 555 is a trademark.
• Images- Symbols, monograms or image. for example the boat logo of boat brand.
• Sound - Audio can also be filed as a trademark.

Besides these, other things which can be filed for trademark are three-dimensional signs, slogans or phrases, graphic contents, etc.

Who can Apply for Trademark?

• Individuals
• Non-government Organisations
• Private firms

Any individual pretending to be a keeper of the trademark intended to be filed by an individual may file in writing in a proper manner of registration. Application filed must consist of the trademark, the goods or services, name and address of the individual with power of attorney. Applications can be sent by post.

Advantages of Trademark Registration

1. Better business opportunity

A product or a service is provided under a registered trademark helps in building trust, quality and goodwill in the perception of consumers. It gives entities unique identification when compared to other sellers.

2. Legal protection

In case of infringement, an individual has concerns over trademark being copied by some other individual, You can sue for copying brand, logo or slogan.

3. Unique identity

The consumer can recognize products or service by the brand name. It acts as a company's unique asset.

4. Global filling of Trademark

A trademark filed in India is also permitted to be filed in foreign countries as well. Vice-versa is also permitted i.e., Individual from foreign nations can file a trademark in India.

5. Intangible asset

A trademark can be a precious asset in case an entity builds a name and succeeds. Filing it makes it an evasive asset that is traded, distributed or commercially contracted which brings benefit to the individual.

6. Applying registered symbol

Individual or a company can use the registered symbol (®) once the trademark filing is completed. Registered symbol or logo is evidence that the trademark is already registered and couldn't be filed by any other company or individual.

7. Uniquely differentiating products

A registered Trademark helps the customer to know about the product or service quickly and can know the difference between various kind of products as it tends to create a better identity for itself.

Documents Required for Trademark Registration

• Proof of Applicant
• PAN Card
• Address proof of Applicant
• Brand Name and Logo
• User Affidavit
• Proof of TM Use
• Form TM-48 is a lawful document that helps the attorney to file the trade on your behalf.

Trademark Renewal

Trademarks are valid for 10 years, as soon as it expires the individual needs to file for renewal. Renewals must be filed before the respective end of validity. Form TM-12 must be used for renewal. The application can be filed by the owner of the registered trademark or an individual approved by the respective owner. Filing a renewal application ensures protection by another 10 years.