Trademark Registration

What Is A Trademark Registration?

In India, law and provisions related to Trademarks are governed under The Trademarks Act, 1999, and the Trademarks Rules, 2002, as may be amended from time to time. Trademark basically means a mark that is capable of being graphically represented and could potentially distinguish goods and/or services of one person from those of others and it may include the shape of goods, packaging, color combination, etc.

“Trademark” may include a device, name, signature, word, numeric value, the shape of goods, packaging or colors, and combination of colors or any combination thereof. Further Section 7 of the Trademark Act, 1999, provides for the classification of goods and services in accordance with the International Classification for the purpose of registration of Trademarks. In order to comply with the said provision, the Trademark registry refers to NICE Classification which can be accessed here. It specifies goods under class 1-34 and services under class 35 to 45. In order to get trademark protection, it is essential to register the trademark. It is not per se mandatory to register a trademark but strongly recommended because it prevents others from copying your mark and misrepresenting other products with your mark.

Trademarks help customers to differentiate a brand from another, and recognize the brand and the brand value in a single glance like the logo of a tick sign for Nike or a jumping wildcat for Puma, and so on. Trademark registration is perpetual in nature. Unlike patents, trademarks do not have an explicitly defined limitation period. Where a patent expires in 20 years, a trademark registration expires after 10 years of its registration but can be renewed again for another 10 years.

This process can be done indefinitely i.e. as long as the trademark is renewed; it shall not expire and will continue to be under the protection of the Act.

What Is The Process?

1. Selecting a trademark: When embarking on the journey of trademark registration, the initial consideration is choosing a one-of-a-kind and recognizable mark that accurately represents your product or company. Subsequently, you need to determine the appropriate class to which the mark belongs. There are 45 classes encompassing goods and services for trademark registration. Goods fall under classes 1-34, while services are categorized under classes 35-45.
2. Trademark search: Once you’ve chosen a trademark, conducting a thorough trademark search becomes crucial to ensure its uniqueness and avoid potential conflicts. Our experienced Trademark Agent or Attorney performs diligent availability searches within the Indian Trademark Registry. This search confirms whether the selected mark bears resemblance to any existing and registered trademarks, especially those within the same class or related classes. By doing so, we can ascertain whether the mark is eligible for registration under the trademark law or if adjustments are necessary to avoid potential issues.
3. Filing trademark application: After reviewing the search report for the proposed trademark, our skilled trademark attorney will proceed to prepare a trademark application to advance the registration process. In cases where the client’s mark is unclear or bears similarities or identical traits to existing marks, adjustments or changes to the proposed filing may be necessary to ensure a smooth registration process.
4. Application Allotment: The allocation of a trademark application number usually takes around one to two working days. Once the applicant receives this number, they are entitled to use the “TM” symbol alongside the mark.
5. Vienna Codification: Registrar of Trademarks applies the Vienna Classification to the mark based on its figurative elements.
6. Publication in tm journal: Trademarks that receive acceptance for registration from the registry are listed in the trademarks journal, a weekly publication issued by the Trademark Registry. This publication allows the public a four-month window to oppose the trademark registration if they have valid grounds to do so. For additional information regarding Trademark Opposition, please refer to the (Trademark Opposition Page).
7. Registration of trademark: Once your Trademark Application is filed/ registered with the Indian Trademark Office, trademark examiners examine and approve the trademark application. After the approval of the trademark, it is registered and the symbol can be used along with the mark, which implies that Trademark or Service Mark has been registered with the Indian Trademark Office.

Overall, registering a trademark in India offers a comprehensive package of legal protection and business advantages that can significantly contribute to the success and growth of your brand.

Documents required to register a Trademark online.

1. Incorporation Certificate
   If the trademark is registered under a company or LLP.
2. Partnership Deed
   If the trademark is registered under a partnership firm.
3. PAN Card
   Of the authorized signatory.
4. Aadhaar Card
   Of the authorized signatory.
5. Form TM-48 Signed
   The TM-48 is a legal document that permits your attorney to submit your trademark with the trademark registry on your behalf. Our professionals will prepare the papers for signature.
6. Logo
   Please do not upload the logo in black and white to ensure all colors of the trademark are covered under the registration.