Trademark Application: Types and Online Registration Process
Trademark Application: Types and Online Registration Process
A business is identified by its unique brand elements, such as logo, name, colour scheme, etc. So, it is necessary to have legal protection for those elements to avoid fraudulent use of the mark. Though the trademark registration process is time-consuming in all regions, it is worth undertaking to safeguard your business identity. You can find many forms of trademark applications, including single trademark applications, multiclass trademark applications, etc. This article covers the different types of trademark applications and the registration process in detail.
Safeguard your business identity with trademark registration!!
Register Now!Trademark refers to the unique identifier for your business, such as logo, name, visual symbol, etc. It helps you to possess a distinctive identity in the marketplace. You need to do trademark registration to protect your preferred trademark legally. There are various types of trademark applications for the achievement of diverse purposes. For example, If you want to file more than one trademark in a single application, you must file a ‘series trademark application’. So, Ensure you are choosing the appropriate trademark application for the registration.
Types of Trademark Applications
The Trademark Registry was founded in 1940 in India and currently administers the Trademarks Act 1999. The Trademarks Act of 1999 aims to register trademarks applied in a given country, ensure better protection of the trademarks for goods & services, and prevent fraudulent marks. The primary function of the registry is to register trademarks which meet the qualifications for registration under the Act and Rules. After the amendment of Trademark Rules, 2007, the number of applications has been reduced from 75 to 8. Below, we have provided the list of different forms of trademark applications so you can know which one suits you.
Single Trademark Application
A Single Trademark Application is a legal filing for registering a single trademark by a single applicant (Individual/Startup/Small Enterprise). It is a straightforward and common method to protect your unique brand elements, such as logos or names. To encourage startups and small enterprises, the Indian government demands a filing fee, as it does for individuals. You must complete Form TM-A to file the single Trademark. The fee amount for a single trademark application is five thousand rupees for physical filing and four thousand and five hundred rupees for e-filing. The applications with all the necessary documents need to be submitted at the Front Office Counter at the respective office or can be sent by post.
FORM-TM-ACollective Trademark Application
A collective trademark application in India is filed by associations or groups of individuals rather than by a single applicant. This type of Trademark is particularly beneficial for organizations seeking to establish a collective identity and build consumer trust. An organization must submit Form TM-A to the trademark registry for this application. As mentioned in Form TM-A, if the nature of the application is a collective mark or certification, the draft regulations with Form TM-M should be submitted. This form will contain information about the members permitted to use the mark. It is to be noted that the mark can only be used by the members belonging to the organization. The fee for filing a collective trademark application is ten thousand rupees for physical filing and nine thousand for e-filing.
FORM-TM-Multiclass Trademark Application
A multiclass trademark application allows businesses to register a single trademark across multiple classes. You must complete Form TM-A to register under the multiclass trademark application category. There will be less documentation since users will file a single application for multiple classes. The cost for this application depends on the number of classes. An applicant needs to pay Rs. 4,500 for each class. It means he or she needs to pay Rs. 27,000 if they file in six different classes. It’s for e-filing; if you opt to file manually, the cost for each class will be Rs. 5,000. If you do not come under the individual/ startup/ small enterprise business mode, you must pay Rs. 10,000 for physical filing and Rs. 9,000 for e-filing.
Series Trademark Application
A Series Trademark Application is a filing option that allows businesses to register many related trademarks under a single application. This is beneficial when a brand has variations of a logo or wordmark, maintaining a common element that distinguishes them. The application for series marks must be made in Form TM-A. Each mark in a series must have the same description of goods and services. As mentioned, it cannot be used to register marks that come under the same nice classification but do not share the same description. The size, colour, and number can be varied, but the material’s particulars must remain the same.
Certification Trademark Application
A certificate trademark application is filed to certify specific characteristics of goods or services, such as origin, quality, or material. Form TM-A can be used to file a certification trademark application under single or multiple classes. Unlike regular trademarks, the certification mark ensures that a product or service fulfils specific criteria. Popular examples are Agmark, BIS, and Hallmark.
Benefits of Trademark Registration
- Legal Protection: Trademark registration provides legal protection, giving you exclusive rights to use your brand name, logo, or slogan. This protection helps prevent others from using similar marks that may confuse consumers.
- Brand Recognition: A registered trademark enhances brand recognition. It allows consumers to easily identify and trust your products or services, fostering loyalty and creating a distinct market presence.
- Market Differentiation: Registering your Trademark sets your business apart from competitors. It helps you create a unique place in the market, making it easier for customers to choose your products or services over others.
- Legal Remedies: You gain legal remedies against unauthorized use with trademark registration. If someone infringes on your trademark, you can take legal action, potentially receive damages, and stop the infringing activities.
- Asset Value: A registered trademark becomes a valuable business asset. It can increase the overall value of your company, making your brand an attractive investment for potential buyers, investors, or partners.
- Global Protection: Trademark registration can be extended internationally, protecting multiple countries. This is crucial if you expand your business globally, ensuring your brand is safeguarded in various markets.
- Licensing Opportunities: A registered trademark opens up licensing opportunities. You can license others to use your brand, generating additional revenue while maintaining control over the quality and reputation associated with your mark.
- Long-Term Security: Trademarks offer long-term security when properly maintained and renewed. Unlike other forms of intellectual property, trademarks can be renewed indefinitely, providing lasting protection for your brand.
Documents Required to Register for Trademark
Below, you can find the list of documents that are commonly asked for trademark registration.
- Signed Form 48
- Identity Proof of Signer
- Address Proof of Signer
- Incorporation Certificate or Partnership Deed (for Partnership/ LLP/ Company)
- Udyog Aadhar Registration Certificate (for Partnership/ LLP/ Company)
- Copy of the Logo (Optional)
Learn more about the documents required for trademark registration.
How to Register for a Trademark Online
Below, we have provided the standard procedure to register trademark online.
Step 1: Conduct a Search for a Unique Brand Name
The first and foremost step is to conduct a trademark search to identify the unique, memorable and interesting brand name. Choose a catchy brand name that will easily stick to people’s minds. And avoid the generic words that already circulate in everyday life. The best strategy is to invent or coin a new term that resonates with your business and mix it with familiar words. Also, conduct a quick search to see if some other company has not already taken your brand name.
Step 2: Prepare a Trademark Application Properly
The following supporting documents have to be attached to the application for online trademark registration,
- Proof for Business Registration: Based on your registered business (e.g. sole proprietorship or other), you have to submit either identity proof of the company directors or address proof of the company. If it is a sole proprietorship business, ID proof of the proprietor, i.e., PAN card or Aadhar card, must be submitted. The company’s address proof must be submitted if it is a company.
- Soft copy of Trademark
- The proof of claim that ensures the proposed mark can be used in another country
- Sign of an applicant on the power of attorney
Step 3: File the Trademark Registration Application
There are two ways to file a Trademark Registration Application (Form TM-A): Physical and e-filing.
- Physical Filing: If you choose to do physical filing, you must personally hand over your application to the Front Office Counter of the respective Office. The head office of the trademark registry is located in Mumbai, and the rest of the offices are situated in New Delhi, Kolkata, Ahmedabad, and Chennai. After the submission, you must wait at least 15-20 days to receive the acknowledgement
- e-filing: To proceed with e-filing, you must go to the official website and choose Form TM-A. After filling out the necessary details and making the required payment, you will instantly receive the acknowledgement receipt on the government website.
From now on, you can use the trademark (TM) beside the brand name, which indicates you applied for the trademark registration.
Step 4: Examination of Brand Name Application
Once the application is submitted, the Registrar of Trademark will check whether you followed the standard terms and whether your brand name accords with existing law. Also, the brand name should not be similar to existing or pending brands for registration. For this reason, you have to find a unique name that rarely occurs in the other minds. At this stage, your application will either be accepted or raise an objection as per the provisions of the TM Act.
Step 5: Publication of Brand Name in Indian Trademark Journal
After the acceptance of the mark, your brand name will be published in the Indian Trademark Journal. If no opposition is filed within four months of publication, then the Registrar of Trademark will proceed to issue the trademark registration certificate.
Step 6: Opposition to Trademark
If the third party filed a trademark opposition within four months from the date of publication, the Registrar’s office will send you a copy of the notice of opposition. You need to file a counter-statement within two months of reception of the opposition notice. Your trademark application will be abandoned if you don’t submit the counter-statement within the prescribed date.
Step 7: Hearing an Opposition
If a third party does not oppose your application, this step will not apply. After you file a counter-statement within two months, the registrar’s office will send a copy of your counter-statement to the third party.
Both you and a third party must submit the evidence supporting the case. After the submission of evidence, the registrar’s office will allow a hearing. The registrar’s office will either accept or reject the application based on the hearing of both parties. The trademark registration process will proceed if the Registrar’s Office accepts your application.
Step 8: Issuance of Trademark Registration
The Registrar will accept your application if the third party doesn’t oppose it within four months or an acceptance of the application after the opposition hearing. If these are cleared, the Registrar will issue the Registration certificate with the Trademark Registry Seal. After issuing the certificate, you can use the registered trademark symbol (®) beside your brand name.
Also Read: Trademark Registration Process in India
Conclusion
In conclusion, understanding the diverse types of trademark applications and their online registration process is crucial for businesses that safeguard their brand identity. From single applications to certification trademarks, each type serves a unique purpose in providing legal protection. Online trademark registration is an efficient way for businesses to protect their trademark and attain a unique position in the market. Businesses can choose an appropriate trademark application to ensure long-term security, brand recognition, and legal remedies against potential infringements.
IndiaFilings provides end-to-end service to secure your trademark registration certificate effortlessly!! Register Now!
