Trademark Registration
A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc, which is used by businesses to distinguish it’s services or products from other same goods or services which are manufactured in different businesses. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. Registered trademarks are intellectual property for the business, they are used to safeguard the company’s investment in the 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 the same or identical to an existing registered trademark cannot be registered. Moreover, a trademark is not registrable if it is offensive, general, unreliable, not unique, includes specifically protected emblems, etc.
Once the trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can be regularly renewed, by filing a trademark renewal application for a time of another 10 years.
Trademark Registration is done through LegalEye in Delhi NCR, Mumbai, Indore & all other Indian cities. Offering a quality of trademark services like trademark filing, trademark search, trademark renewal, and patent registration, etc.
What can be registered as a trademark?
Name
A name which can either personal in nature or can be the surname of the applicant e.g, the name Dhirubhai Ambani can be trademarked
Word
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.
Numbers
Alphanumeric or Letters or numerals or any combination thereof. For example 555 brands.
Images
Image, symbol, monograms, 3-dimensional shapes, letters, etc. For example the tick in the Nike logo.
Sound
Sound marks in audio format. Forex the sound in the ad jingle
Except these, the other things which can be trademarked are an invented word or any arbitrary dictionary word or words, letters or numerals, devices which may include fancy devices or symbols, monograms, a combination of colors or a single color in combination with a word or device, the shape of goods or their packaging, 3- dimensional sign, slogans and phrase, logo, graphic content, etc.
Trademark: TM, R and C Symbol
TM, R and C symbol are frequently used with a trademark or copyright to indicate certain aspects of an intellectual property registration. The following are the common usages of these symbols:
™ – TM Symbol ©
The TM symbol is used when an application for trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark and serves as a warning for infringers and counter-fitters.
SM Symbol
SM or Service Mark is a symbol used with trademark applications that are filed under class 35-45. Some applicants prefer to use TM symbol for trademark applications filed under class 1-34 and SM for trademark filed under class 35-45. Using the TM symbol for all classes or using a SM mark for trademark application under class 35-45 are both acceptable.
® – R Symbol
Once a trademark is registered, then the applicant can start using the ® symbol next to the trademark. The R symbol signifies that the trademark is registered and enjoys protection from infringement under the Trademark laws. Use of the ® symbol after filing a trademark application or without obtaining trademark registration is unlawful.
©- C Symbol
The © symbol stands for copyright and is a reserved right notice concerning any work that can be copyrighted like artwork, photography, videography, books, literary works, etc.,. The C symbol is used along with the copyright holder name and the year of first publication. In some countries, the proper use of © symbol is a must to claim copyright protection. However, the Berne Convention does require the use of © symbol to claim copyright protection and India is a member of Berne Convention. Hence, thought the use of © symbol is not a statutory requirement, puts infringers on notice.
Who can all apply for a Trademark?
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:
- Private firms
- Individuals
- Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
- 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 person, pretending to be the proprietor of a trademark used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the trademark, the goods or services, name and address of the candidate with power of attorney, the time of use of the mark. The application must be in English or Hindi. It must be registered at the appropriate office.
The applications can be submitted individually at the Front Office Counter of the particular office or can be sent by post.
Advantages of Trademark Registration
Excellent Business Opportunity
A product or service being sold under a registered trademark assists in developing up trust, safety, quality, and goodwill in the minds of customers. It gives you a unique identity when linked to other sellers.
Legal Protection
A registered trademark owner has the legal right in case of infringement i.e. you doubt that your trademark has been copied by someone else, you sue them for copying your logo, brand, name, or slogan.
Get Unique Identity
Customers will recognize a singular product or service only with the brand name. Registering a trademark guarantees that competitors will not apply it and so it remains a company’s unique asset.
Global Filling of Trademark
A trademark that is registered and filed in India is permitted to be filed in other countries outside India as well. Moreover, foreigners can also get a trademark registered and filed in India.
Creation of intangible asset
The trademark can be a valuable asset, in case your brand builds a name and succeeds. Registering a trademark makes it an intangible asset that can be traded, franchised, distributed, or commercially contracted. This brings benefits to the company or the individual proprietor. A trademark is intellectual property for the organization.
Infringement protection
Filing a trademark assures that the trademarked object is not used unethically by any other company or Individual. But, if the trademark is used by a 3rd-party without the permission of the owner of the trademark, the owner can take legal action and even sue the person or the company who has illegally used the trademark.
Exclusive rights
The proprietor of a registered trademark will be able to have exclusive rights over the trademark. The same trademark can be applied by the owner for all the products/services that fall under the same classes. Having the exclusive rights on the product or services also permits the owner to stop any kind of illegal use of the trademarked thing.
Applying the registered symbol
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
Differentiating products
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.
Promotes Goods and Services
Registering a trademark constitutes the face of the company or the goods and services. This serves to differentiate and promote brand creation. Most of the companies get their identity by trademark so it pays a crucial role in promoting and enhancing the brand value.
Protect the Commercial Goodwill
A trademark’s registered owner has the power to build, secure, and protect the goodwill of his/her goods or services. The owner can stop other traders from using his trademark illegally. One can also sue the infringer for using the brand name and demand damages for any infringement
Advertising sales
The customers of a company attach the name of the brand to the feature of the product or service that they give. This form of the product is spread in the market and so, it helps to increase sales by bringing more and more customers towards the product.
Procedure For Trademark Registration
Complete our trademark Form
You need to fill our simple online trademark application form & submit documents.
Conduct your trademark search
To make sure that the unique logo name filed is available or not, Trademark Search is executed by our experts.
Select Appropriate Class
Depending on the nature of your products, we shall suggest the appropriate class among the 45 classes
Trademark Application filed
We create your Trademark application in 3 days and get your TM number
Trademark registration completed
Your trademark is registered in 1.5-2 years if no competitor objects to your trademark application
Documents needed for Trademark Registration
Before preparation of the documents, it’s important to get an authorization letter that is appropriately signed by you, which enables us to file for trademark registration on behalf of you. After getting the authorization letter, we begin preparing the documents which are required to apply online. Soon, you receive the approval of the application, and you will gain the right to use the ™ symbol. While filing for the trademark registration, the documents you are required to provide are as follows:
- Proof of Applicant
- PAN Card and Address Proof of Applicant
- Certificate of registration (other than an Individual applicant)
- Brand Name & Logo
- User Affidavit
- Proof of TM Use
- MSME / Start-up Recognition
- Signed Form TM – 48
Notes
Identity and business proofs: The trademark owner or the person who is approved by the trademark owner requires to present their identity proof. It can be your Aadhar Card, Driving License, Passport, Ration card, or Voter’s ID.
Using Logo with Tagline: If a trademark application is prepared for a tagline with only words, then there is no requirement for a logo. In cases where a logo is applied, then it must be submitted in black and white format. The number of words in the logo must exactly be the same as specified in the application for a trademark.
Brand Name & Logo: The logo must have the brand name.
User Affidavit: If a particular user data is to be claimed, the user affidavit is expected to be submitted.
Proof of TM use: To demand a specific user date, documentary proof like invoices, registration certificates, etc. with the brand name must be given.
MSME or Start-up Recognition: A partnership firm or Corporate entity can give a certificate of registration under MSME or Start-up India scheme to get a 50% rebate on the Government fee
Signed Form TM – 48: M-48 is a lawful document that enables the attorney to file the trademark on your behalf with the trademark registry. The document will be made by LW professionals for signature.
