Trademark Registration

A trademark is a symbol, word, or design that identifies and distinguishes goods or services. It grants legal protection, preventing unauthorized use and safeguarding brand identity and reputation.

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What is a Trademark?

Following the Indian Trademarks Act of 1999 (Section 2(zb)), a trademark is a distinctive marker that distinguishes products or services from competitors in the market. It encompasses various elements such as symbols, designs, expressions, or any identifiable feature linked to a specific brand. Remarkably, trademarks are open to ownership by individuals, corporations, or legal entities, making them accessible to a broad spectrum of entities and individuals alike.

Why Should You Register Your Trademark?

Trademark registration in India protects your rights to use the mark in association with your goods or services. It offers a robust shield against infringement, empowering you to take legal action against unauthorized trademark use. Upon successful trademark or brand name registration, your trademark remains valid for ten years from the filing date, with the option to renew it indefinitely.

Who can Apply for Trademark Registration Online?

Trademark registration in India is open to a wide range of entities and individuals, including:
  • Individuals
  • Joint owners of a company
  • Proprietorship firms
  • Partnership firms (with a maximum of ten partners)
  • Limited Liability Partnerships (LLPs)
  • Indian companies
  • Foreign companies
  • Trusts
  • Societies
This inclusivity ensures that various businesses and entities can safeguard their brand identities through trademark registration online.

Types of Trademark Registrations in India

In India, various trademark registrations or brand name registrations cater to different needs and purposes, all aimed at enabling consumers to recognize products and services associated with specific manufacturers or service providers. Here, we delve into the distinct categories of trademark registrations available:

Product Mark

This type of trademark is affixed to goods or products, aiding in identifying their origin and preserving a company’s reputation. Trademark applications falling under classes 1-34 are typically classified as product marks as they pertain to tangible commodities.

Service Mark

Similar to a product mark, a service mark is used to identify services rather than physical products. Service marks primarily help differentiate the providers of certain services from others. Trademark applications falling under classes 35-45 are often regarded as service marks related to service offerings.

Collective Mark

A collective mark conveys specific characteristics of products or services associated with a particular group. It allows individuals or entities to protect and represent goods and services collectively. The trademark holder may be an association, a public institution, or a Section 8 corporation.

Certification Mark

The owner issues these marks to indicate information about a product’s origin, composition, quality, or other pertinent data. Certification marks establish product standards and assure consumers that the product meets standardized quality benchmarks. They are commonly found in packaged goods, toys, and electronics.

Shape Mark

Shape marks are employed to secure the distinct shape of a product, making it easily recognizable to consumers as originating from a specific manufacturer. Registration is contingent on the shape being deemed distinctive.

Pattern Mark

Pattern marks are used for products featuring unique, designed patterns that serve as distinguishing features. To qualify for registration, these patterns must stand out as distinctly recognizable.

Sound Mark

Sound marks are distinctive sounds associated with products or services from suppliers. Sound logos, often known as audio mnemonics, are commonly heard at the beginning or end of commercials. An example in India is the IPL tune.

These diverse categories of trademark registrations like logo trademark registration offer businesses and entities the flexibility to protect their brand identity following their unique offerings and market presence.

Choosing the Correct Trademark Class

Trademark classes are a critical aspect of the registration process, as they categorize goods and services into 45 distinct classes. The careful selection of the appropriate class is paramount because it determines the validity of your trademark registration online concerning your business’s products or services. If your company operates across various areas falling into different classes, it’s crucial to ensure that you apply for a trademark under all the relevant classes.

In India, some commonly chosen trademark classes include:

  • Class 9: Encompassing computer software and electronics
  • Class 25: Covering clothing
  • Class 35: About business management and advertising
  • Class 41: Related to education and entertainment
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Required Documents & Details for Online Trademark Registration

  • Applicant's Name:
  • Business Type
  • Business Objectives:
  • Brand/Logo/Slogan Name:
  • Registration Address:
  • PAN card
  • GST certificate
  • Incorporation certificate
  • Partnership deed
  • LLP deed
  • Trust deed

Trademark

Patent

Copyright

What’s protected

Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another.

Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these.

Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.

Requirements for protection

A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good.

A fresh, valuable, and unusual invention is required.

A work must be unique, original, and created in a tangible manner.

Term of protection

As long as the mark is used in commerce.

20 years

Author’s life span+ 70 years.

Rights Granted

Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin.

Right to restrict others from manufacturing, selling, or importing the patented invention.

Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.

Frequently Asked Questions

A trademark is a symbol, word, or phrase legally registered or established by use as representing a company or product.

 

Registering a trademark provides legal protection against unauthorized use, helps build brand recognition, and establishes ownership rights.

 

The trademark registration process typically takes around 6 to 12 months, depending on the jurisdiction and any potential objections or oppositions.

Trademarks can include logos, brand names, slogans, symbols, and even unique packaging shapes or sounds associated with a product or service.

Once registered, a trademark is typically valid for 10 years and can be renewed indefinitely as long as it is in use.

The steps include conducting a trademark search, filing an application, examination by the trademark office, publication in the trademark journal, and finally, registration if there are no objections.