Trademark Registration

A Guide To Trademark Registration

In today’s world, competition is rife with challenges, especially in business. Uniqueness is very important and establishing your brand in a different way helps you shine among the competitors. A brand is something that distinguishes a company in any way possible. It can be through a name, logo, tagline, color, or anything else that is unique and one’s own.

Building your own brand right from scratch involves a lot of money, time, dedication, effort, and hard work. As the owner of your brand, you possess every right to use its logs, tagline, colors, packaging, design, images, or anything associated with the brand that gives it a special identity.

What is a Trademark?

A trademark refers to a unique identity that distinguishes your brand or company and makes it stand out from the rest. Trademarks include label, tagline, letters, word, signature, name, or anything that help consumers identify a brand. It is a type of intellectual property and trademark registration is usually done as it offers exclusive ownership rights and prevents others from copying and misrepresenting other products with your trademark.

Trademark registration is done as per the Trademark act of 1999 and a TM symbol is used to denote the registered trademark. Trademarks do not have a definite limitation period. Unlike patents which expire in 20 years, trademarks can be renewed every 10 years and won’t expire as long as it is being renewed.

Table of Contents

• What is a Trademark?
• Trademark Registration - Eligibility
• Importance of Trademark Registration
• Benefits of Trademark Registration
• Types of Trademark Registration
• Trademark Classes
• Documents Required for Trademark Registration
• Information Required for Trademark Registration
• Process of Registration

Trademark Registration - Eligibility

Any company, LLP, or individual can apply for trademark registration. The person whose name is mentioned as an applicant in the trademark registration form will be declared as the owner of the trademark.

Joint Owners

Joint owners of a company or a for can apply for trademark registration with both their names mentioned in the application form.

Individuals

Individuals who do not run a business can also obtain trademark registrations for words or symbols that would be used by the applicant in the future.

Indian Companies

Indian companies regardless of whether they are private limited or public limited must file trademark registration in the company’s name.

Foreign Companies

If foreign companies apply for trademark registrations in India, the application must be made in the company’s name. The respective country’s name, law, and nature of the registration must be mentioned.

Society or Trust

It is mandatory to name the managing trustee, chairman, or secretary managing the trust or society if the trademark registration is filed for a trust or society.

Partnership Firm

In the case of a partnership company with a maximum of 10 members, the names of all the partners must be included while applying for trademark registration.

LLP/Limited Liability Partnership

The application should be made in the name of the LLP in case of a Limited Liability Partnership. The trademark belongs to the LLP as the partners cannot be the applicants.

Sole Proprietorship Firm

Here the trademark registration must be filed under the proprietor’s name and not under the business or proprietorship names. If a business name and a proprietorship name are included in the application, they will be considered separately.

Importance of Trademark Registration

There are certain reasons your business needs trademark registration. They are as follows,

• Having a trademark gives the product a uniqueness that will provide profits in many ways.
• Such recognition in itself will automatically create trust and loyalty to the brand among customers worldwide.
• It offers a solution for protection by a legal method.
• A trademark once registered is in itself a very valuable asset as the price and profits only keep increasing gradually over time.
• No one else can use this brand’s identity and hence it prevents all unauthorized usage and scams.
• It helps in communicating brand value and boosts brand awareness among consumers.
• The application for trademark registration is not that complicated and is also very easy.
• Since a trademark becomes more popular and trustworthy, hiring people to your needs will be much easier and will happen faster compared to the normal processes.

Benefits of Trademark Registration

There are certain appealing advantages to trademark registration which are as follows.

• Trustworthiness:  Ensuring a trademark registration will instill trust and loyalty among customers nationwide. A trademark speaks for itself and also helps in communication with the power of the internet and social media.

• Trademark Registry: Having new or creative ideas and propositions is very good for improving business trends. But with the increasing competitors each day, one can expect anything, and if suppose any other company tries to copy your trademark a case can be filed in the trademark registry.

• Trademark as an asset: A trademark recognition is an asset in itself for the company. Spending money on trademark registration is a good investment. This is because it is a brand value that increases over time and will also fetch a separate value if the company is to be sold in the future.

• Unique Identity: A company can have several products under the name but then a product with a trademark will always have its own uniqueness in the market and will stand out.

• Protection of Digital Assets: The domain name along with the logo will be protected. Having one extension (.in) then you can restrict other domains, hence automatically protecting the digital assets of the company.

• E-commerce Portals: E-commerce portals such as Amazon and Flipkart will ask for the trademark registration certificate if you need to sell your products on their portal. This will increase business and bring in more profits.

• Global Protection: Suppose your brand becomes popular and has more recognition and if you plan to expand overseas, having a trademark that is first registered in India will be favorable. Getting a trademark abroad will be a lot easier if it has one already registered in India creating an overall brand recognition worldwide.

• Legal Remedies: The offender will have to pay triple the damages to the rightful owner of the trademark. Also, the person who uses it unauthorized can be sued legally.

• Powerful Deterrent: A trademark that is once registered cannot be used again and as acts as a powerful deterrent to those trying to obtain it. It will appear in all the search reports and cannot be chosen again by anyone else.

Types of Trademark Registration

There are seven different types of trademarks that are available in India. The objective of a trademark is to the point and does not vary by type. The different types of trademarks are product marks, service marks, collective marks, certification marks, shape marks, pattern marks, and sound marks.

• Product Mark: A product mark is applied to any product or commodity and the trademark classes from 1 to 35 will identify only products. This is crucial for the reputation of a company and also has the identification of the origin of the product.

• Service Mark: Service mark is also the same as the product mark but the only difference is that instead of a commodity, a particular service gets a unique identity. The trademark classes from 35 to 45 will represent all types of services.

• Collective Mark: According to this mark, the public will know about the characteristics of both the products and services.

• Certification Mark: Every product will undergo a certain set of tests to ensure that the product is of good quality. This mark will allow us to know the origin, substance, or any other detail about the product. This certification can be seen on products such as packaged toys and many more.

• Shape Mark: Certain products will have specified shapes dependent on the company. It will specify the shape of a product to only that manufacturer who can get its ownership rights.

• Pattern Mark: Different patterns on many products can be seen but only those that are unique will capture a customer’s attention. This mark is for all those products that have a different pattern on them which distinguishes them from the other products in the market.

• Sound Mark: The sound mark is a specified sound that only a specific manufacturer can own. One good example of such a mark is the tune of the company Nokia. They have trademarked their signature particular tune which no other company can use unauthorized.

Trademark Classes

In total there are 45 trademark classes under which the application for trademark registration can be given. The class under which the application is to be registered must be chosen carefully as it represents the product or service. Although there are 45 classes, there are a few classes that are commonly used and they are,

• Class 9: All electronics and computer-related products/ services come under this class.

• Class 25: All types of clothing are registered under this class.

• Class 35: Business and management-related products/ services fall under class 35.

• Class 41: This class includes both entertainment and education.

Documents Required for Trademark Registration

1. An incorporation certificate is needed for a trademark that is registered under a company or an LLC.
2. A partnership deed is needed for a trademark to be registered under a firm.
3. PAN card
4. Aadhaar Card
5. Form TM-48: This is a form that is necessary when the attorney submits your documents on your behalf for trademark registration.
6. Logo: It has to be submitted in colors so that the logo is submitted exactly the same way.
7. Trademark Authority Letter: This is given by the attorney at the time of registration.

These are all the documents that are necessary for the registration of a trademark online.

Information Required for Trademark Registration

There is certainly important information that must be taken into consideration while filing for trademark registration.

• The applicant's name is to be taken into notice and it can be an individual, firm, company, or anything accordingly.
• The business type, as in if the nature of business is a manufacturer, trader, or service provider has to be mentioned.
• A logo is considered to be optional and if it is being submitted the exact clear image is advised to be given.
• The brand name is a must that acts as a trademark.
• The official address and details of the business also need to be considered.

Process of Registration

Once all the above things are considered, the next step is to file the trademark online. Follow the step-by-step process mentioned below to get your Trademark Registered.

Initial Registration Process: All the basic documents that are necessary for the registration must be taken along with the brand name and the logo. The official TM application must be filled out. It also has the attachment of the representative trademark lawyer's digital signature along with the fee determined by our government. The fee amount can be paid via debit card or net banking as this whole process is being done online. After the completion of the initial process, the symbol “TM” can be now added to your product or service.

• Vienna codification ProcessThe Vienna Agreement (1973) shows the classification of all the symbolic elements of the trademarks. This verification will be done after the application is filed by the Trademark Register. The status will generally be shown as “Sent for Vienna Codification”.

• Examination Report: After filing the form for the initial process the symbol “TM” can be used but it is not permanent. It takes around a waiting period of 3 to 12 months to see if there are any objections to this trademark. This examination will end and the process will continue without any delay if there are no objections.

• Trademark Objection: There can also be objections and they can be raised due to various reasons. If such objections are raised then a chance is given to the applicant where he/she can appear before the Trademark Register to support his/her claim while if justified the approval will be given.

• Trademark Opposition: A trademark opposition is raised by a third party, unlike objections that are raised due to some corrections or problems. Any person or legal entity has the right to raise opposition against filing trademark registration.

• Trademark Hearing: A trademark hearing is held when there is a need to justify objections or oppositions. The person filing can go in person or through an attorney. The seeking approval will be given after such issues are resolved.

• Trademark Registration: If there are no objections or oppositions, there will be no more problems and the trademark will be registered. The Trademark Registration Certification will be issued finally and the symbol “R” can be added to the brand or logo

As per the Trademark Act of 1999, the registration process entails several steps and could be cumbersome. Complying with such conditions requires a fair amount of knowledge and expertise. So, it is always best to seek expert guidance from our professional team at Free Tax Filer.

Frequently Asked Questions (FAQs):

1. What is a trademark class?

The applications that are given for the registration of the trademark are filed under classes that start from one to forty-five. These classes are differentiated according to the products or services.

2. How is a trademark considered an asset?

A trademark recognition is an asset in itself for the company. Spending money on this cannot be considered an expense and only a good investment. This is because it is a brand value that increases over time and will also fetch a separate value if the company is to be sold in the future.

3. When is the “TM” symbol used?

This symbol identifies that the particular brand is being registered for trademark and can be used in the brand or near the logo as soon as the initial process of the registration of the trademark is completed.

4. How long does it take for the trademark to be registered?

It generally takes around 3 to 12 months if there are no objections or opposition to the trademark registration. But if there are such issues then it takes some more time until the matter is resolved.

5. Can foreigners file for trademarks in India?

Yes, it is entirely possible for foreign companies to file a trademark in India and vice versa with the necessary proof and documents.

6. What is trademark objection?

There can be objections and they can be raised due to various reasons. If such objections are raised then a chance is given to the applicant where he/she can appear before the Trademark Register to support his/her claim while if justified the approval will be given.

7. What is trademark opposition?

A trademark opposition is raised by a third party, unlike objections that are raised due to some corrections or problems. Any person or legal entity has the right to raise opposition against filing trademark registration.

8. What is trademark hearing?

A trademark hearing is held when there is a need to justify the objections or oppositions. The person filing can go in person or through an attorney. The seeking approval will be given after such issues are resolved.

9. What is Vienna Codification?

The Vienna Agreement (1973) shows the classification of all the symbolic elements of the trademarks. This verification will be done after the filing of the application by the Trademark Register. The status will generally be shown as “Sent for Vienna Codification”.

10. What are the different types of trademark registration?

There are seven types of trademark registration. The different types of trademarks are product marks, service marks, collective marks, certification marks, shape marks, pattern marks, and sound marks.