Trademark Registration

It takes a lot of time, money, and effort to develop a brand. As a result, you must ensure that you have the authorization to use your brand’s name, tagline, logo, packaging, sound, smell, color scheme, and anything else that gives it a unique identity. A trademark is a form of intellectual property that sets your goods or services apart from those of your rivals in the market.

The Trademark Act of 1999 in India gives you the option to register a trademark. It gives the owner of the registered mark exclusive ownership rights and forbids others from using the mark.

The “TM” symbol may be used with the applicant and the brand once a trademark has been registered. Trademark registration in India is crucial for brand protection. Because that trademark registration requires many stages and ongoing government oversight, it is usually advisable to do so under the guidance of a professional.

Eligibility for Trademark Registration

To safeguard distinctive trademarks, catchphrases, or coined concepts, trademark registrations are frequently employed. In India, trademark registration applications can be filed by individuals, businesses, and nonprofit organizations. Yet, there are specific standards for each category of person or company when it comes to submitting a trademark application. The following items are eligible for trademark registration in India.

An individual (Person) :

A person who does not operate a business may also submit a trademark application and acquire registration for a symbol or word that the applicant intends to use in the future.

Joint Owners :

Joint owners of a business may jointly apply for a trademark, and the application must include both owners’ names.

Proprietorship Firm :

A proprietorship firm may submit a trademark application in the name of its owner but not in the names of the business or proprietorship. Both the proprietorship name and the business name that you give in your application will be taken into consideration independently.

Partnership Firm :

A partnership business with a maximum of 10 members must list all of the names of the partners in the application when filing for a trademark. If a minor partner is present, the guardian who is speaking on his behalf must be identified.

Limited Liability Partnership/LLP :

The application should be made in the name of the Limited Liability Partnership in this situation. The partners in this corporation each have their own unique identity. As the trademark belongs to the LLP, the partners cannot be the applicant.

Indian Company :

Any Indian business, whether private limited, limited, or in another form, is required to submit a trademark application in the business’s name. As every incorporated business has its own identity, it should be noted that a company’s director cannot also be a trademark applicant.

Foreign Company :

If a foreign-incorporated company files for a trademark in India, it must be done so under the name under which it is registered abroad. Here, it’s important to indicate the registration’s kind, the nation it came from, and the law.

Trust or Society :

The controlling trustee, chairman, or secretary of a trust or society must be identified when a trademark application is submitted on their behalf.

Indian Trademark Registration Types –

Trademarks that can be registered include product marks, service marks, collective marks, certification marks, shape marks, sound marks, and pattern marks. Although trademarks come in a variety of forms, all of them serve the same purpose: they enable consumers to recognise products and services made by certain companies or service providers. Let’s examine the many trademark registration categories that are offered in India.

1. Product Mark :

A product mark is put on a good or a product, as opposed to a service. A product mark helps to identify the source of the goods and to protect the reputation of the business. Trademark applications submitted under trademarks 1-34 may be considered product marks because they represent commodities.

2. Service Mark :

Similar to a product mark, a service mark is used to distinguish services as opposed to products. The major objective of the service mark is to assist set apart the owners from those of other businesses that provide similar services. Because the trademark applications fall under trademark classes 35 through 45, they may be viewed as service marks.

3. Collective Mark :

The collective mark alerts customers to the distinctive qualities of the goods and services being utilised to represent a group. A group of people may use this mark to collectively protect goods and services. An association, a governmental institution, or a Section 8 business can be the owner of a trademark.

4. Certification Mark :

It is a label that the business owner issues to describe the product’s provenance, composition, calibre, or other specifics. The fundamental goal of certification is to establish a product’s standard and to provide customers peace of mind that the product has successfully passed quality-assurance examinations. Certification symbols are typically found on packaged goods, toys, and electronics.

5. Shape Mark :

The sole purpose of the form mark is to protect a product’s shape so that consumers would link it with a certain manufacturer and choose to purchase it. The shape of the product can be registered once it is verified that it has a unique shape.

6. Pattern Mark :

It is a label that the business owner issues to describe the product’s provenance, composition, calibre, or other specifics. The fundamental goal of certification is to establish a product’s standard and to provide customers peace of mind that the product has successfully passed quality-assurance examinations. Certification symbols are typically found on packaged goods, toys, and electronics.

7. Sound Mark :

The sole purpose of the form mark is to protect a product’s shape so that consumers would link it with a certain manufacturer and choose to purchase it. The shape of the product can be registered once it is verified that it has a unique shape.

Procedure for Registering a Trademark at SalahKaro :

How do I register a trademark in India?

Trademark registration in India can be obtained through our streamlined method here at SalahKaro

Advantages of Registering a Trademark

 There are many justifications for trademark registration, but the bulk of them are necessary for all enterprises and aspiring businesspeople because a trademark is a priceless asset. There are several benefits to getting a trademark registration and using the services. These are some advantages.

Intellectual Property Protection

The firm name or registered logo is protected legally by trademark registration against misuse or copying. The trademark is given to its owner as legal ownership, which may be upheld in any court. The owner of a trademark acquires exclusive use of the mark in all 50 states when it is registered.

An official notice that a trademark has already been registered is provided by a trademark registration.

Powerful Deterrent

As a registered trademark, a person gains the right to use their brand in public, informing others and removing the defence of innocent infringement. After a trademark is registered, it will show up in search results, discouraging other applicants from trying to register a mark that is identical to it or one that is similar.

The National Trademark Office in New Delhi will refuse to register any trademark that looks to be confusingly similar to another trademark, even if you are the first to file one.

Legal Remedies

If a trademark is registered in India, the owner may be entitled to quadruple the amount of damages from the violator. It is assumed that the owner is the trademark’s legitimate owner. When a trademark is registered, the owner is given the right to file a lawsuit in any court against anyone who is abusing the mark. On the other side, unregistered trademarks could result in legal action.

Critical information to be aware of when registering a trademark

Because to developments in technology, trademark registration is now possible online. Many enterprises all around India have benefited from SalahKaro

Trademark Search

The entrepreneur must conduct a trademark availability check prior to starting. A trademark search will reveal any identical or related trademarks that have been registered with the Trademark Registry. How to Do Trademark Research? is our article. Will lead you in the same manner.

Trademark Filing

After the trademark search is finished, the trademark registration application can be submitted to the Trademark Registrar. Nonetheless, the application must be submitted in accordance with the rules and be accompanied by the necessary fees. Any of the five Trademark Registrar’s offices throughout the state, or online, are acceptable methods of application. Visit the SalahKaro website to register a trademark online.

The following details must be included in the trademark registration application:

• Symbol or trademark
• Name and address of the owner of the trademark
• Utilised trademark as of the date
• Details of the products or services

The Vienna Codification Process

The Vienna Agreement created the Vienna Classification, often known as the Vienna Codification, which is a global classification of the symbolic components of trademarks (1973). After the trademark registration application is submitted, the Trademark Registrar will classify the mark according to the Vienna classification based on its figurative components. The trademark application status is often shown as “Sent for Vienna Codification” while this work is being done.

Trademark Examination

A Trademark Registrar’s officer will be given the trademark registration application upon the completion of the Vienna Codification. The officer will then verify the accuracy of the trademark application before producing a trademark examination report. The officer can approve the trademark application, permit trademark journal publishing, or raise an objection to the trademark registration procedure.

The applicant has the choice to appear before the trademark officer to address the issues if the application is rejected. The trademark will be approved for publication in the Trademark Journal if the officer determines that the justification is sufficient. If the grounds are inadequate, the petitioner may appeal the officer’s decision to the Intellectual Property Appellate Board.

Trademark Journal Publication

Once the Trademark Registrar accepts the registration application, the proposed Trademark is published in the Trademark journal. This journal, which is released once a week, contains all of the trademarks that the Registrar has been given. Also, the general public has the option to contest a trademark registration if they feel it would harm them. The mark will be registered in 12 weeks if no objections are filed within 90 days of publication.

The Trademark Hearing Officer will set up a hearing if a third party opposes to the application. There is a chance for both the applicant and the opposer to show up and give their respective justifications. The Trademark Hearing Officer will decide whether or not to accept the application based on the hearings and the facts presented. The escalation officer, however, has the option to contesting the Hearing officer’s judgement.

Trademark Registration

Only the trademark document and registration will be created and issued if no objections or oppositions are voiced. Only once the Trademark registration Certificate is issued, giving the owner some exclusive rights to the mark, is the trademark said to be registered in the owner’s name. A trademark or logo can now include the ® Symbol.

Trademark Objection

One of the initial steps in the trademark registration procedure is the trademark examiner objects to your application for a number of reasons. Instead of just rejecting your claim, the registrar looks for good arguments or explanations regarding the mark and its capacity to be registered. He gives the applicant the opportunity to describe how the trademark complies with the criteria for a valid registration.

Trademark Opposition

An opposition to a trademark registration is an objection submitted by a third party. Any natural or legal person may oppose on the Registry. This includes people, companies, partnership firms, and trusts (s). Significantly, in order to register an objection, a person does not need to have a prior trademark registration with the Registry or a financial stake in the dispute.

Trademark Hearing

A trademark hearing is a formal appearance before the registrar of trademarks, either in person or through the representation of a trademark lawyer or agent, with the goal of having the proposed objections under consideration struck from a report that was issued after the filing of a trademark registration statement or application. A trademark hearing is held if the registrar authority is unsatisfied with the response submitted in response to the objection put forth in the final report in the procedure for trademark certification.

Trademark vs Copyright vs Patent

Documents needed for online trademark registration

1. Incorporation Certificate

If a business or LLP is listed as the trademark’s registered owner.

2. Partnership Deed

if a partnership entity is listed as the trademark’s registered owner.

3. PAN Card

of the designated signer.

4. Aadhaar Card

of the designated signer.

5. Form TM-48 Signed

With the use of the TM-48, your lawyer is authorised to register your trademark with the trademark registration on your behalf. The documents will be ready for signature by our experts.

6. Logo

To make sure that the trademark registration covers all hues of the logo, kindly do not upload the logo in black and white.