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A trademark is a visible symbol, such as a word, name, number, label, colour combination, or other combination of letters and numbers, that is used by businesses to differentiate their services or products from similar goods or services manufactured by other firms. The Controller General of Patents, Designs and Trademarks, Ministry of Commerce and Industry, Government of India, keeps track of trademarks in India. Trademarks are registered under the Trademark Act of 1999, which gives trademark owners the right to sue for damages if their trademarks are infringed upon. Registered trademarks are a type of intellectual property that is used to protect a company’s investment in a brand or symbol. It is mandatory for a company to register it’s chosen Trademark as it will act as a unique symbol for the products and services you provide.
Proposed trademarks that are identical or nearly identical to an existing registered trademark are not eligible for registration. Furthermore, a trademark cannot be registered if it is offensive, generic, untrustworthy, not unique, or contains expressly protected emblems, among other things.
The R sign can be applied when the trademark registration process is completed, and the registration will be valid for ten years. Trademarks that are about to expire can be renewed on a regular basis by filing a trademark renewal application for additional ten years.
A name which can either personal in nature or can be the surname of the applicant e.g, the name Single Key Advisory can be trademarked.
A word that is not being directly descriptive of the character or quality of the goods/service. For example, Google is a word that has been trademarked.
Alphanumeric or Letters or numerals or any combination thereof. For example 567 brands.
Image, symbol, monograms, 3-dimensional shapes, letters, etc. For example the key in the Single Key Advisory logo.
Sound marks in audio format. Forex the sound in the ad jingle
Aside from these, an invented word or any arbitrary dictionary word or words, letters or numerals, devices such as fancy devices or symbols, monograms, a combination of colours or a single colour in combination with a word or device, the shape of goods or their packaging, 3-dimensional sign, slogans and phrases, logo, graphic content, and so on can all be trademarked.
In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials, or a mixture of all these can be registered as a trademark.
A trademark application can be made by:
1. Private firms
2. Individuals
3. Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
4.NGO’s
Note: In the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.
Any individual claiming to be the owner of a trademark that he uses or intends to use may apply for registration in writing in the authorised manner. The trademark, the goods or services, the name and address of the candidate with power of attorney, and the date of use of the mark must all be included in the application. The application must be written in one of two languages: English or Hindi. It needs to be registered with the proper office.
Individual applications can be dropped off at the Front Office Counter of the respective office or mailed.
Customers are more likely to trust, safety, quality, and goodwill if a product or service is sold under a registered brand. When linked to other merchants, it provides you a distinct identity.
If you suspect that your trademark has been copied by someone else, you can sue them for duplicating your logo, brand, name, or slogan if you are a registered trademark owner.
Only the brand name will allow customers to recognize a single product or service. A trademark registration ensures that competitors will not use it, ensuring that it remains a company's unique asset.
A trademark that has been registered and filed in India is also allowed to be filed in other countries. Furthermore, foreigners can register and file trademarks in India.
If your brand becomes well-known and successful, the trademark can be a valuable asset. A trademark is an intangible asset that can be transferred, franchised, distributed, or economically contracted once it is registered. This is advantageous to both the corporation and the individual proprietor. A trademark is the organizational intellectual property.
When a trademark is filed, it ensures that the trademarked object will not be utilised unethically by another company or individual. However, if a third-party uses a trademark without the owner's consent, the owner can take legal action and even sue the person or company that has illegally used the property.
A registered trademark owner will be able to have exclusive rights to the trademark. The owner can use the same trademark for all products/services that fall into the same categories. Having exclusive rights to a product or service also gives the owner the ability to prevent any illegal use of the trademarked item.
The company can use the registered symbol (®) once the trademark is filed. The logo is evidence of the fact that the trademark is already registered and cannot be applied by another individual or another company. In the case of illegal usage, the person who holds the trademark can decide to sue the other person
Trademarking assists the consumers to find out about the products quickly. They can differentiate among the various kinds of products as the products tend to create an identity for themselves.
The face of the company, as well as the goods and services, is represented by trademark registration. This helps to distinguish and promote the formation of brands. Because trademarks provide most companies with their identity, they play an important role in establishing and strengthening brand value.
The registered owner of a trademark has the authority to create, secure, and preserve the goodwill associated with his or her goods or services. The owner has the power to prevent other businesses from using his trademark without permission. Suing the infringer for utilising the brand name and demanding damages for any violation is also an option.
Customers associate a company's brand name with a feature of the product or service they provide. This type of goods is widely available in the market, which helps to boost sales by attracting more people to the product.
Once a trademark application is registered in the Trademark office or online, then the candidate can begin applying the TM symbol on products or the services, and if the trademark is registered then the candidate specifies the ® symbol over his trademark. All registered trademarks are valid for 10 years from the date of registration.
At the end of the validity of a trademark, a trademark can be renewed simply by giving the Government fee for registration within 6 months via “Form TM-12”, from the date of expiry of the trademark.
An expired trademark can be renewed through Form TM-13 (Restoration & Renewal) after 6 months and within 1year from the expiration of the last registration of the trademark.
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.
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.
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.
Trademark infringement is basically the illegal use of a trademark or service mark linked to goods and services.
Trademark registrations are unique to the goods or services they describe. The registrations can be product or service-specific. Also, they are made under a Class of goods or services they signify. The trademark registration will, hence, be valid for the whole class of goods or services it describes.
Yes, the authorities mandate it for applicants to check all the documents they submit including the application for trademark registration by applying a Class III Digital signature. Our experts will help you e-verify all the documents in the correct way.
The registered trademark is valid for only 10 years from the date of filing of an application. After that one needs to apply for trademark renewal.
Symbol “TM” can be applied after filing of a trademark application. After registering a trademark a symbol “R” must be used. The ® symbol may only be used in connection with the goods and services mentioned on the registration certificate.
There is no limitation for anyone to apply for a trademark registration in India. Any individual, a foreign company, society or trust, partnership firm, LLP or private limited company, etc anyone can apply.
The trademark application can be filed as a multiclass application or as a separate single class.
The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes of the goods/services. The trademark would be registered under those classes only.
It is valid for a limited period of time i.e. for 10 years. But it is renewable indefinitely. You just need to pay the fee for trademark renewal every time.
After the application is registered with the government, a TM number is assigned by th trademark department within 1-2 days of submission of application. After this, you can use TM with your brand.
A trademark is an intellectual property which is being assigned to a word or logo but on another hand, copyright assures you the protection for your unique content such as books, music, videos, songs or even software.
You need to produce identity proof in case of trademark registration in India. (In case of individuality).While on another hand you need to produce company incorporation documents if the entity is a company.
No! The registered trademark under Trademark Act 2000 is only valid in India. But in few other countries, it can be used as a base for registering the trademark in those countries.
Company or domain registration will not protect your brand identity. To protect your company’s identity, you need to get trademark registration.
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