Trademark Registration

What is a trademark?

A trademark is a sign, design, or symbol that can be easily identified with products or services from a particular source. Trademarks used to recognize services are also called service marks.

Who can obtain a Trademark?

The owner can be a business organization, individual, or any legal entity.

Where can you display a trademark?

Trademarks can be located on a label, package, voucher, or on the product itself. Trademarks are often displayed on corporation buildings for the sake of company identity. The purpose of trademarks is to allow individuals and companies to identify the source of their goods or services and distinguish them from others in the industry.

When is a Trademark considered Registered?

Once there are no objections to the trademark registration application, the trademark manuscript and certificate will be prepared and sent to the trademark applicant. Once the certificate is issued, the trademark is considered a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The ® symbol can now be placed next to the trademark or logo.

For what can a trademark be obtained?

Trademarks can be obtained for words, logos, sound marks, three-dimensional works, and shapes of goods in India. It provides legal rights of exclusivity for the use of the mark to the owner of the trademark.

Advantages of Trademark Registration

1. Exclusive Rights: The owner enjoys exclusive rights over the trademark and can use the same for all the products falling under the class(es) applied. Further, the proprietor can enjoy sole ownership of the Trademark

   and can prevent others from the illegal use of the Trademark under the same class where it is registered.

   
   

2. Goodwill and Builds Trust: The quality of your products and services is known by everyone through the trademark, which establishes trust and goodwill among customers in the market, creating permanent customers who are loyal and always opt for the same brand.

   
   

3. Differentiates Product: It makes it easy for consumers to find your products and also distinguishes your product and identity of products from that of existing and foreseeable competitors, acting as an efficient commercial tool. The logo can communicate your vision or unique characteristic of your company.

   
   

4. Use of ® symbol: Once the trademark is registered, you can use the ® sign on your logo, stating that it is a registered trademark and no one else can use the same logo. If someone else uses the trademark, you can also take legal action against the party if the trademark is registered.

   
   

5. Protection for 10 Years at Low Cost: Online trademark registration is done at a very low maintenance cost. Once the trademark is registered, you just have to pay the maintenance cost and renewal cost after 10 years of registering the trademark. It is cost-efficient and helps your business create a unique image.

   
   

Trademark Application Steps

a)Trademark Search

• Step 1: The first step is to select a trademark.
• Step 2: It is advisable for the candidate to search the trademark records registry and ensure that the intended trademark does not resemble any registered marks.
• Step 3: Investigation can be done.
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• b) Filling of Form TM-1

• Step 1: The application for the registration of the trademark should contain the following particulars:
  • The chosen "Mark" to be registered.
  • Trademark owner’s information.
  • List of goods or services for which the logo will be used.
  • 
    
• Step 2: The application for a trademark can be made both offline and online.
  • Online mode: A Class III Digital Signature Certificate is necessary.
  • Offline mode: An application to the Offices of the Trademark Registry is necessary.
  • 
    
• Step 3: Once the application for the trademark is submitted, the Registrar will check for the uniqueness of the name and will examine registered marks and pending applications to determine if any similar marks exist and to assess the register-ability of the proposed mark as per the law.
• 
  
• Step 4: In case of objections by the registrar to accept the application with certain terms and conditions, amendments, limitations, etc., the same will be communicated in writing to the applicant, who must respond regarding rectification within a period of three months.

c) Use your Trademark

Now you can use the logo, but the use of the symbol may take up to 2 years if everything goes smoothly.

d) Issue of Examination Report

First, the government will confirm whether the application has any objections. Here’s what happens if there is:

• No Objection: If there is no objection against the application, then a letter of acceptance will be issued, commonly known as TLA.
• If there is an Objection: Reasons for objections may include:
  • If a proposed trademark is similar to a registered trademark.
  • If a word used is obscene and may offend particular religions.

Then you will frame a response to the objection that has arisen and will present the uniqueness of the trademark. It is mandatory for a person to be well-informed and aware of business activities. If a ministry dismisses the objection, the trademark will be eligible for advertisement in the Trademark Journal.

e) Advertisement in Trademarks Journal

• The trademark will be advertised in the trademark journal once the application is accepted. It will give a third party a chance to resist the published trademark.
• Entry of a trademark will include the date of registration and a list of goods or services for which it is registered. The registration will be valid for 10 years and can be further renewed.
• If no one opposes the trademark within four months of its publication in the Trademark Journal, then a trademark registration certificate will be issued within 6 to 10 months.
• If there is any opposition by a third party, the process of obtaining a certificate may extend to many more months. Both parties will get the opportunity to be heard, and legal charges will also be applicable.

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