Registration of a Trademark

What is trademark registration?

In India, trademark registration enables an applicant to apply symbols or words to symbolise a business or its products in order to identify their goods or services from those supplied by rivals. Once a trademark is registered in India, it cannot be used by anybody else for as long as it is in service.

Once a trademark is registered, the “TM” symbol can be utilized with the trademark applicant and the brand. Trademark registration is a resource for the firm, and it is required to register for trademark registration in India to secure the brand name. It is usually preferable to seek trademark registration under the supervision of a professional, as the process entails several steps and requires ongoing government follow-up.

Trademark Registration Eligibility

Who is eligible to register a trademark in India?

Trademark registrations are frequently used to secure unique brands, slogans, or invented terms. Individuals, corporations, and non-profit organisations can all apply for trademark registration in India. However, each person or entity from a different class has its own set of requirements when it comes to submitting a trademark application. In India, the following items are qualified for trademark registration.

A single person

Individuals who are not in the business of selling goods or services can file a trademark application and get trademark registration for a symbol or word that the applicant intends to use in the future.

Joint proprietors

In the event that two people decide to register a trademark application, both of their names must be listed on the application.

Proprietorship Companies

The entire name of the applicant must be given while submitting a trademark application in India for a proprietorship company. The proprietorship or the business name is not suitable.

Partnering Company 

While registering a trademark application for partnership business, make sure to include the names of all of the members. In such cases, where the guardian who is representing the juvenile his/her name should be mentioned if the partnership firm has a juvenile in the partnership.

Limited Liability Collaboration

The application for a Limited Liability Partnership should be made in the name of the LLP. An LLP is a legal entity in which each of the partners has its own identity. Because the trademark belongs to the LLP, the partners cannot be the applicant.

Indian Corporation

When filing a trademark registration application in the case of a Private Limited Company, a single Person Company, or a Public Limited Company, it is suggested to register the application in the name of the company. They cannot be implemented by the Director because they are all separate established entities. The Director or any officer who has been approved by the officer can sign and upload it.

International Corporation

If a foreign incorporated entity applies for a trademark in India, the application must be filed under the corporation name, as it is authorized in the foreign country. The type of registration, the country, and the statute should all be indicated here.

Organization or Foundation

If a trademark application is filed on account of a foundation or organization, the managing trustee, chairman, or secretary who is representing the fund or organisation must be listed.

Variety of Trademark Registrations in India

Product marks, service marks, collective marks, certification marks, shape marks, sound marks, and pattern marks are all examples of trademarks that can be registered. Despite the fact that there are various trademarks, their objective is the same: to allow consumers to identify goods and services produced by specific producers or service providers. 

Following are the types of trademark registrations available in India:

Product Mark 

Instead of a service, a product mark is applied to a good or a product. A product mark aids in the identification of the product’s origin as well as the preservation of the company’s reputation. Because they represent commodities, trademark applications filed under the trademark 1-34 could be classified as product marks.

Service Mark

A service mark is identical to a product mark, except that it is used to identify a service instead of a product. The service mark’s main function is to assist differentiate the proprietors from the owners of other similar services. The trademark applications are submitted under trademark classes 35-45, which could be considered service marks because they represent services.

Collective Mark

The collective mark gives some information about the unique characteristics of the products and services that are utilized to symbolize a group. This mark can be used by a group of people to protect goods and services on a collective basis. A trademark holder can be an association, a public institution, or a Section 8 corporation.

Certification Mark

It is a symbol issued by the proprietor that indicates the product’s source, substance, quality, or other special data. The main objective of the certification is to establish a product’s benchmark and to provide buyers with assurance that the product has passed established testing to verify quality. Typically, certification marks can be seen on packaged goods, toys, and electronics.

Shape Mark

The shape mark has been used solely to secure the shape of an item so that customers associate it with a specific manufacturer and choose to purchase it. Once it is determined that the product has a unique shape, the shape can be trademarked.

Pattern Mark

The pattern marks are for items that have a specifically developed pattern that serves as the product’s distinctive feature. Patterns that do not strike out as noteworthy are eliminated. A pattern mark must stand out as distinct in order to be registered.

Sound Mark

A sound mark is a sound that can be linked to a product or service that comes from a specific supplier. Sound logos are also known as audio mnemonics, and they occur at the start and finish of commercials. 

The Advantages of Trademark Registration

What are the benefits of registering a trademark?

There are numerous reasons to register a trademark, but the majority of them are required for all businesses and eager entrepreneurs because it serves as a valuable asset. Obtaining a trademark registration and utilising the services has numerous benefits. Here are a few benefits.

Protection of Intellectual Property

The legal protection provided by trademark registration is against the exploitation or copying of the company’s name or trademarked logo. The trademark owner acquires legal possession of the trademark, which can be enforced in any court. When a trademark is registered, the owner gains nationwide ownership of the mark, which can be legally enforced in any jurisdiction.

A trademark registration serves as formal notice that the trademark has already been registered.

Effective Deterrent

The right to openly promote a trademark as a registered trademark notifies others and eliminates the defence of unintentional violation. Once a trademark is authorized, it will display in search reports, discouraging other applicants from pursuing the registration of the same or identical mark.

If an individual comes first to file a trademark, the National Trademark Office in New Delhi will reject register any trademark that appears to be confusingly similar to another trademark.

Legal Actions

The owner of a trademark can claim up to threefold penalties from the infringement if the trademark is registered in India. The owner is presumed to be the rightful owner of the trademark. When a trademark is registered, the owner gains the ability to sue anyone who is exploiting the mark in any court. Unregistered trademarks, on the other hand, are vulnerable to legal action.

Before registering a trademark, there are a few things you should know.

Trademark registration is now possible online, thanks to technical improvements.

Trademark Search 

Before getting started, the entrepreneur must check for trademark accessibility. A trademark search will reveal information about Trademarks that are identical or similar to those that have been registered with the Trademark Registry.

Trademark Registration Application

The trademark registration application can be submitted with the Trademark Registrar after the trademark search is completed. However, the application must be completed in a specific manner and sent with the appropriate costs. The application can be submitted online or at any one of the state’s five Trademark Registrar’s facilities.

The following information must be included in the Trademark Registration application:

  • Trademark or Logo

  • Trademark holder’s name and address

  • Use of a trademark Since the last time

  • Detail information of the goods or services

The Vienna Codification Process

The Vienna Classification, often known as the Vienna Codification, is a foreign classification of the symbolic aspects of trademarks that were formed by the Vienna Agreement (1973). The Trademark Registrar will impose the Vienna classification to the Trademark depending on the marks’ descriptive features when the Trademark registration petition is submitted. The trademark application status is normally “Sent for Vienna Codification” while this process is in progress.

Trademark Examination

Following the completion of the Vienna Codification, the Trademark registration application will be assigned to a Trademark Registrar’s office. Following that, the officer will examine the Trademark application for accuracy and produce a Trademark inspection report. The trademark application can be accepted, trademark journals can be published, or the trademark registration process can be objected to.

Publication in the Trademark Journal

The suggested Trademark is posted in the Trademark Journal once the Trademark Registrar approves the registration application. This journal is posted weekly and contains all of the trademarks that have been received by the Registrar. In addition, members of the public can oppose a trademark registration if they believe it would harm them. If no objections are received within 90 days of publication, the mark will be authorized in 12 weeks.

If a foreign entity objects to the application, the Trademark Hearing Officer will schedule a trial. Both the applicant and the dissenter have the opportunity to appear and present their individual justifications. The Trademark Hearing Officer will decide whether the application should be approved depending on the meetings and evidence presented. The escalation officer, on the other hand, can appeal the Hearing officer’s judgement.

Registration of a Trademark

Just the trademark document and trademark registration will be created and granted if no complaints or disagreements are received. Trademark is regarded as a registered trademark of the owner only when the Trademark Registration Certificate is granted, providing the owner with certain unique rights to the mark. The ® symbol can now be used in conjunction with a logo or trademark.

Frequently Asked Questions about Trademark Registration

1. Who needs to register a trademark?

A trademark can be registered for any term, name, object, label, number, or colour combination that can be visually represented. The trademark that is being requested for registration must also be unique for the services or goods for which it is being suggested.

2. Which trademarks are not eligible for registration?

Any mark that is similar to an already-registered trademark or a trademark for which a registration has already been filed is ineligible for registration. Additionally, trademarks that are likely to cause deceit or misunderstanding, or that are objectionable in any way, may be denied registration. Geographical names, common names, popular trade phrases, and abbreviations are also ineligible for trademark registration.

3. What is the Trademark Classification System?

The trademark registration provides a list of 45 Categories under which all kinds of goods and services are covered to standardise the items or services that the brand will represent. Under one or more of the classifications, the trademark application must specify the type of products or services the brand will represent. For that single category of products or services, trademark registration is given.

4. Does my trademark application have international protection?

No, a trademark that is issued in India is only applicable in India. However, several countries rely on trademark filings in India to register trademarks in their own countries.

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