Trademark Registration India
trademark is an important asset to the company, it is basically the identity of the company by which the company is identified by the common people as well as enterpreneuer
” A registered trademark is an important asset for a business used to protect the company’s investment in the brand or symbol. ”
If properly used and promoted, a Trademark becomes the most valuable asset of a business. hence Trademark registration India
What is a trade mark?
In layman, trademark is a brand or logo or symbol which is used to represent your business. A visual symbol like a word signature, name, device, label, numerals or combination of colors used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.
Example of trademarks:
Coca cola and Pepsi are two trademarks from same industry (beverages) which distinctly identifies source or origin of the goods as well as an indication of quality.
Trademarks in India are registered 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 provide the trademark owner the right to sue for damages when infringements of trademarks occur.
However, any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered.
Who can apply for trademark?
Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply. The application for trademark can be filed within few days and you can start using “TM” symbol. And the time required for trademark registry to complete formalities is 8 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed time to time.
functions of a trade mark are:
- It identifies the service or product and its source
- It guarantees its quality
- Advertisement of service of product
different types of trademark:
- A name (including personal or surname of the applicant or predecessor in business or the signature of the person)
- A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods / service
- alphanumeric or Letters or numerals or any combination thereof.
- Image, symbol, monograms, 3 dimensional shapes, letters etc.
- Sound marks in audio format
Documents required for filing a Trade Mark Application in India:
- Trademark or logo copy
- Applicant details like name, address and nationality and for company: the state of incorporation
- Goods or services to register
- Date of first use of the trademark in India, if used by you prior to applying.
- Power of attorney to be signed by the applicant in 100 Rs. stamp paper.
The procedure for registering trademark in India
Step 1: trademark search
(time: about 4 hours) Cost: Rs 0 to Rs. 500
This search is to check whether your business name or logo is similar to other already registered trademarks. Generally trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks already registered under that particular class. There are two kinds of search: online and offline. It is recommended that you get both the searches done. Once found to be unique you can proceed to the next step:
Step 2: create trademark application
(time required: 2-3 days)
Based on the results of the search conducted, the trademark attorney will draft trademark application, provided that your business name / logo found to be unique. If someone already has the same or similar trademark, you need to change yours. Or if you are of opinion that the trademark is rightfully yours and you are using it since long time even before other party trademark registration. You can start using ™ symbol as soon as you file the form of trademark application.
Step 3: trademark registration
(time 18 to 24 months) Cost: Government fees is Rs. 4000/- and trademark attorney professional fees is Rs. 3000/- per application per class
- The Trade marks office will first check your application to see if it’s already been taken. If it has, a trademark objection will be raised.
- If it has no objection, it makes an advertisement in the Trade Marks Journal.
- If there is no opposition from other businesses in the next four months, your trademark is registered around six months later.
Note: objections Dependent Costs Drafting legal response to objections can be from Rs. 2000/- to Rs 5000 in order to overcome the objections and in case hearing is required, the cost per hearing would depend upon the complexity of the matter.
Steps you need to take to registration your trademark in India:
- Select and authorize a trademark agent or attorney to represent you.
- The trademark attorney conducts a search.
- Depending upon the results of the search, the trademark attorney will draft your trademark application. In case someone already has the same or similar trademark, you may have to change yours.
- The trademark attorney will file your trademark application with the Trademark Office and send you the receipt.
- After a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office.
- It can take anywhere between 18 months to 2 years for the Trademark Office to decide whether or not to grant you the trademark; if there are objections from the trademark office or from anyone else, it may take longer. And your trademark is published in the Trademark Journal.
Why you need to consider registering trademark for your business
- Even biggest businesses like coca-cola, Siemens, Apple protect their business by means of trademark.
- The trademark would be important asset for your business and contributes to the goodwill generated.
- With registered trademark you can stop others from using your trademarked business name / logo etc with regards to goods or services it is registered
- Trademark can considered just like any other form of asset like real estate, as it can be sold, licensed or assigned
- It guarantees the identity of the origin of goods and services.
- It stimulates further purchase.
- It serves as a badge of loyalty and affiliation.
- It may enable consumer to make a life style or fashion statement.
For any info or assistance contact on 9971504105