Trademark Registration

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Trademark Registration

Trademark Registration

A trademark is a distinctive sign or symbol, such as a word, phrase, logo, symbol, or design, that identifies and distinguishes the goods or services of one business from those of another. In other words, a trademark is a legal protection that helps consumers identify and distinguish the source of a particular product or service.

A trademark provides its owner with exclusive rights to use the mark in connection with the goods or services it represents and to prevent others from using a similar mark that could cause confusion among consumers.

Benefits of Trademark Registration:

Trademark registration provides several benefits for businesses, including:

Legal Protection:

Trademark registration provides legal protection to the owner of the mark by giving them exclusive rights to use the mark in connection with their goods or services. This can help prevent others from using a similar mark that could cause confusion among consumers and dilute the value of the owner's brand.

Brand recognition:

Trademarks can help businesses build brand recognition and reputation by providing a unique identity that consumers can associate with their products or services. This can help create a loyal customer base and increase the overall value of the business.

Competitive advantage:

Trademarks can provide businesses with a competitive advantage by helping them differentiate their products or services from those of their competitors. This can be especially important in crowded marketplaces where there are many similar products or services available.

Licensing and franchising:

Trademark registration can help businesses license or franchise their brand, allowing them to expand their operations and generate additional revenue streams.

Product differentiation:

Registering a trademark can help businesses differentiate their products or services from those of their competitors. By having a registered trademark, a business can prevent others from using a similar mark or branding, which can help build brand recognition and create a loyal customer base. Additionally, a registered trademark is valid for the entire class of goods or services it represents, which can make it easier for customers to identify and distinguish the business's products from those of its competitors.

Creation of an asset:

Trademark registration can also create an asset for a business. A registered trademark is a valuable intellectual property asset that can increase in value over time as the business grows and the brand becomes more established. A registered trademark can be bought, sold, or licensed like any other property, and can generate revenue for the business through licensing agreements or franchising.

Documents Required for Trademark Registration

Proof of Applicant: PAN Card and Address Proof of Applicant. Certificate of registration (other than an Individual applicant).

Brand Name and Logo: The logo must contain the Brand Name to be applied to register a Trademark.

Power of Attorney to authorize for Filling of Application: Power of Attorney to authorize the TM attorney to file trademark application in form TM-48 is required.

MSME/Start-up Recognition: Partnership firm, body corporates can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee.

What can be registered as a trademark?

Trademarks can be used to protect various types of distinctive signs that are used in commerce to identify and distinguish the goods or services of one entity from those of another. Examples of things that can be registered as trademarks include:

  • Words or phrases
  • Logos or symbols
  • Slogans or taglines
  • Product names or brand names
  • Packaging or trade dress
  • Colours or colour combinations
  • Shapes or designs
The kinds of trademarks that are registerable

Who can apply for Trademark Registration?

A trademark application in most countries can be made by anyone who uses or intends to use a trademark in connection with goods or services in commerce. This includes private firms, individuals, companies such as Limited Liability Partnership (LLP), One Person Company (OPC), private limited company, public company, partnership, and non-profit organizations like NGOs.

Validity of Registered Trademark

The validity of a registered trademark is ten years from the date of filing of the trademark application. The trademark owner can renew the registration by filing a renewal application within six months before the expiration of the initial ten-year period. If the renewal application is not filed within this period, the trademark registration will expire.

Registration Process of Trademark


Trademark Search

The first Step in the Trademark Registration process is checking the availability of the proposed brand name. Team will search the availability of the trademark to ensure that your desired name is not being used by anyone and it is not resembling with any existing mark.


Filing Trademark Application

Once it is confirmed that your chosen trademark or logo is not conflicting with any existing marks or logos, you can move forward with registering it. The next step is to submit the required application to the Trademark Registry India. This can now be done online for convenience. Upon submission, the portal will generate an acknowledgement receipt which should be kept for future reference.


Verification of Application and Documents

Once the trademark application is submitted, it undergoes a process of scrutiny by a designated official known as an examiner. The examiner reviews your application to ensure that it meets the requirements set forth in the Trademarks Act of India. This process can take anywhere from 2-4 months, depending on the backlog of applications and the complexity of your application. During this time, the examiner may request additional information or documentation from you, and you will be required to respond to these requests within a specified timeframe. Once the examiner is satisfied with your application, it will proceed to the next stage of the registration process.


Publication of Trademark in Trademark Journal

Once the examiner approves your trademark application, it will be published in the Trademark Journal. This is done to provide public notice of your trademark and to give third parties an opportunity to object to your registration. The trademark will be published for a period of four months, during which time any interested party may file an objection.

If no objections are received within the given timeline, the Trademark Registry may grant final approval and proceed with registration of the mark. However, if an objection is filed, the Trademark Registry will conduct a hearing to evaluate the objection and make a determination. This hearing is conducted in a fair and impartial manner, with both parties given an opportunity to present their arguments and evidence. Based on the outcome of the hearing, the Trademark Registry may decide to grant or reject your trademark application.


Grant of Trademark Registration by Registrar

Once the trademark application has been approved and there are no objections or oppositions to the registration of the mark, the Registrar of Trademarks will grant the registration of the trademark. A registration certificate will be issued to the applicant, which will remain valid for a period of ten years from the date of registration. The registration certificate will bear the seal of the Trademark Office as evidence of the validity and authenticity of the registration.

It is important to note that the registration of a trademark does not guarantee absolute protection against infringement. It is the responsibility of the trademark owner to monitor and enforce their trademark rights, and take appropriate legal action against any unauthorized use or infringement of their trademark.


Whether Renewal of Trademark is mandatory?

Yes, the renewal of a trademark is mandatory in order to maintain its validity and protect the owner's rights to the trademark. Trademarks are registered for a specific period of time, typically 10 years, and must be renewed periodically to remain in force.

It is important for trademark owners to keep track of their trademark renewal deadlines and ensure that they file for renewal in a timely manner. Failure to renew a trademark can result in the trademark being removed from the register, leaving the owner vulnerable to infringement and loss of their rights to the trademark.

Frequently ask question

What is a trademark?

A trademark is a unique symbol, word, phrase, design, or combination of these elements that is used to identify and distinguish the goods or services of one company from those of others.

Who can apply for trademark Registration?

Any individual person, company, trust, NGO, or government agency that uses a unique symbol, word, phrase, design, or combination of these elements to identify and distinguish their goods or services from those of others can apply for trademark registration.

Why should I register my trademark?

Registering your trademark provides legal protection and exclusive rights to use the trademark in connection with the goods or services for which it is registered. It also helps to prevent others from using similar or identical trademarks that could cause confusion among consumers.

What can be trademarked?

Any unique symbol, word, phrase, design, or combination of these elements that is used to identify and distinguish the goods or services of one entity or individual from those of others can be trademarked.

What is a trademark search?

A trademark search is a crucial step in the trademark registration process. Its main purpose is to ensure that the proposed trademark is not already registered or being used by another party. This is important because a trademark that is too similar to an existing trademark can lead to confusion and potential legal disputes.

When can I use (TM) symbol?

Once you have filed a trademark application and received an acknowledgment receipt from the relevant trademark office, you can start using the (TM) symbol to indicate that you are claiming rights to the mark.

When can is use ® symbol?

The ® symbol is used to indicate that a trademark is registered with the relevant trademark office. You can use the ® symbol only after your trademark has been registered with the appropriate government agency.

What is the validity of a trademark?

Trademark registration is initially valid for 10 years from the date of registration. After the initial 10-year period, the registration can be renewed for additional periods of time, usually for 10 years at a time, as long as the trademark owner continues to use the trademark in commerce and files the required renewal paperwork and fees with the appropriate government agency. It is important for trademark owners to keep track of their renewal dates and take timely action to renew their registrations, as failure to do so can result in the loss of trademark protection.

Can I register a trademark for a product that I haven't started selling yet?

Yes, you can apply for trademark registration even if you have not yet started selling the product yet.

Can I trademark a domain name?

Yes, It is possible to register a trademark for a domain name.

Can I change my trademark after registering it?

Changing your trademark after registration can be difficult and may require a new trademark application. It is important to choose your trademark carefully and ensure that it accurately represents your brand and is not too similar to existing trademarks.

Can I sell my trademark?

Yes, it is possible to sell a trademark. Trademarks, like other types of intellectual property, are considered assets and can be bought and sold like any other asset. If you own a registered trademark, you have the exclusive right to use that trademark in connection with the goods or services covered by the registration.

How can team help me with a trademark registration?

Team can provide expert guidance on trademark registration, including information on the application process, requirements for registration, and strategies for protecting your trademark. We can help you navigate the complex process of trademark registration and protect your business's intellectual property rights.