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What is Trademark?

Find out How to register a Trademark and What does a Trademark protect?

Trademark registration allows a Trademark to use symbols or words used to represent a business or the products offered by a business. The Symbols or words used by a business distinguish the goods or services provided by them from their competitors. After registering a trademark, any other organization cannot use it as long as it remains in use.

The Trademark applicant can start using the ™ Symbol with the brand once it is registered. The Trademark acts as an asset for the Company; to protect the brand, an application for trademark registration is a must. The process for trademark registration in India has various steps and requires follow-up with the Government. Hence, it is necessary to be under the guidance of an expert for obtaining the trademark registration quickly.

IndiaFilings has successfully helped over 50,000 trademark applications in India. We at IndiaFilings with a complete conglomeration of services to manage their brands.

Any person or legal entity can apply for Trademark Registration in India. Foreign nationals or Foreign entities can also apply for Trademark registration. Also, a Trademark application can be made by applicants they wish to use shortly.

How Run a Free Trademark Search to check if a name is trademarked?

IndiaFilings has made trademark search easy through the online tool. But again, this tool might not contain the most recent trademark application information. Hence, it is always better to conduct another online trademark search online on the Government website as a second opinion.

Types of Trademark

A trademark is a combination of characters and numbers used by a Company to claim its ownership and is designed to represent the products and services offered by them. Several trademarks can be registered as the product mark, service mark, collective mark, certification mark, shape mark, sound mark, pattern mark. However, the purpose of these trademarks is to become the identity that enables the customer to differentiate between the goods and services. Here are the different types of Trademark.

  • 1

    Product Mark is used on goods or products rather than services. This Trademark is used to recognize the origin of the product, and it helps maintain the reputation of the business. The applications that are filed under class 1-34 can be termed as Product marks as they represent goods.

  • 2

    The service mark is similar to the product mark but used to represent a service. The service distinguishes its Proprietor from the owners of the other services. Service mark applications can be filed under the class 35-45.

  • 3

    A Collective mark is used to educate the public about certain distinguishing features of a product or service used to represent a collective. A group can use this mark as they are collectively protecting the same goods and services. An association or a public institution can be a mark holder. Usually, the standards of the products are fixed by the regulatory owning the mark. Others associated should adhere to specific standards while using this mark in the course of business. A famous collective mark in India is the Chartered Accountant designation.

  • 4

    Certification mark denotes the products' origin, material, quality, or other specific details which the Proprietor issues. The primary purpose of this certificate is to bring out the standard of the product to the customers. This Certification mark is also used to uplift the product's standard among the customers by showing that they have undergone quality assurance tests. Packaged foods, toys, and electronics generally have Certification marks.

  • 5

    Shape mark is used to protecting the shape of a product so that the customers find it related to a specific manufacturer and prefer to buy the product. The product's particular shape can be registered once it is recognized to have a unique shape —for instance, Coco cola bottles or Fanta bottles.

  • 6

    Pattern mark is specifically for those products that have design patterns that come out as the product's identity. Patterns which are not remarkable is rejected as it does not serve any purpose. To register a pattern, it is necessary to show the uniqueness of that product.

  • 7

    A sound mark is a sound that can be associated with a product or any service by a particular supplier. To be a registered sound mark, it is necessary that people easily identify the sound when they hear it. Sound marks are the sound mnemonic that appears at the beginning or the end of the commercial. Just like the famous mark of IPL.

What documents are required for registering a Trademark?

Registering a Trademark is simple, and the process can be completed online within 24 hours. IndiaFilings has helped over fifty thousand trademark applicants to get their Trademark registered.

Here is the set of documents that need to be signed and sent for the online Trademark registration :

Identity proof of the Trademark owner

  • PAN
  • Passport
  • Aadhar Card.
  • Incorporation certificate (In case of a Company or LLP)
  • Udyog Aadhar Registration
  • Logo if applicable and available
  • Address proof.

How is Trademark registration obtained?

The process of Trademark registration begins with the Trademark Search. We can help in conducting in trademark search using the tool to find the mark across classes.

The government Trademark search tool is used extensively to find identical or similar trademarks under the same class.

How Trademark Registration is Obtained

How to Check Trademark Status?

Step 1: Access IPINDIA Website

The most recent and up to date information on a trademark application can be found on the IPINDIA website. Click here to go to the IPINDIA Trademark Status page.

IPINDIA-Step-1

The user is directed to the E-register main page with four options.

  • Trademark Application/Registration Mark
  • Trademark Indexes
  • Receipt/Acknowledgement for Postal Application
  • Track Legal Certificate Requests

Click on the Trademark Application / Registered Mark button on the left-hand side.

Step 2: Select National/IRDI Number

Select National/IRDI Number radio button to continue.

IPINDIA-Step-2

Step 3: Provide Trademark Application Number

Provide trademark application number and complete the CAPTCHA.

IPINDIA-Step-3

Step 4: View Trademark Application Information

On completing the captcha code, the system will return the most up to date trademark application information along with list of all documents filed with the trademark application.

IPINDIA-Step-4

Important things to know before registering Trademark Online

Technological advancements allow an applicant to register a Trademark online. You can get in touch with our business consultants to file online without making an effort to visit the registration office.

  • 1

    Trademark Search

    Trademark Search: It is necessary that before beginning, the entrepreneur must search for trademark availability. Doing a Trademark search will provide information about identical or similar Trademark filed with the Trademark Registry. Our article on How to do Trademark research? Will guide you with the same.

  • 2

    Trademark Filing

    After completing the Trademark search, the trademark registration application can be filed with the Trademark Registrar. However, the application must be made in a prescribed manner and filed along with the mentioned fees. The application can be made online or in any five Trademark Registrar's office with jurisdiction over the state. Visit the IndiaFilings website to carry on Trademark Registration online.

    The Trademark Registration application must contain the following information:

    • Logo or the Trademark
    • Name and address of the Trademark owner
    • Trademark used Since the date
    • Description of the goods or services
  • 3

    The Vienna Codification Process

    The Vienna Classification or Vienna Codification, established by the Vienna agreement (1973), is an international classification of marks' symbolic elements. Once the Trademark registration application is filed, the Trademark Registrar will apply the Vienna classification to the Trademark based on marks' figurative elements. While this work is in progress, the trademark application status usually reflects as "Sent for Vienna Codification."

  • 4

    Trademark Examination

    After Vienna Codification's completion, the Trademark registration application will get allotted to an officer in the Trademark Registrar's office. The officer will then review the Trademark application for correctness and issue a Trademark examination report. The officer can accept the Trademark application, allow trademark journal publishing, or object to the Trademark registration process.

    If the application is rejected, the applicant can appear before the Trademark officer and address the objections. If the officer finds the justification satisfying, the Trademark would be then allowed for Trademark journal publication. If the reasons are not satisfactory, the applicant has the right to appeal the officer's decision before the Intellectual Property Appellate Board.

  • 5

    Trademark Journal Publication

    When the Trademark Registrar accepts the registration application, the proposed Trademark is published in the Trademark journal. This journal is published weekly and includes all the trademarks that the Registrar has received. Also, the public can object to the Trademark Registration if they think that the registration can damage them. If there are no objections within 90 days of the publication, then the mark will be registered within 12 weeks.

    If the application faces opposition by a third party, a hearing will be called for by the Trademark Hearing officer. Both the applicant and the opposer have a chance to appear and provide their side of justification, respectively. Based on the hearings and the evidence put forth, the Trademark Hearing Officer will determine if the application should be accepted or rejected. However, the decision by the Hearing officer can also be challenged by the escalating officer.

  • 6

    Trademark Journal Publication

    When the Trademark Registrar accepts the registration application, the proposed Trademark is published in the Trademark journal. This journal is published weekly and includes all the trademarks that have been accepted by the Registrar. The public can also object to the Trademark Registration if they think that the registration can damage them. If there are no objections within 90 days of the publication, then the mark will be registered within 12 weeks.

    If the application faces opposition by a third party, a hearing will be called for by the Trademark Hearing officer. Both the applicant and the opposer have a chance to appear and provide their side of justification, respectively. Based on the hearings and the evidence put forth, the Trademark Hearing Officer will determine if the application should be accepted or rejected. However, the decision by the Hearing officer can also be challenged by the escalating officer.

  • 7

    Trademark Registration

    If there are no objections or oppositions, only the Trademark manuscript and trademark registration will be prepared and issued. Only after the Trademark registration Certificate is issued, the Trademark is considered to be a registered trademark of the owner, granting the owner some exclusive rights of the mark. The ® Symbol can now be placed to the logo or the Trademark.

Online Trademark Search

Enter a brand name to search across all trademark classes

What Is the Cost of Filing a Trademark in India?

Pay as you go grow pricing

All Inclusive Pricing - No Hidden Fee

Basic

5988

all inclusive fees

Trademark filing under one class for proprietorship and small enterprises. Inclusive of government fee and taxes.

Premium

11988

all inclusive fees

Trademark filing under one class for large enterprises not eligible of MSME registration. Inclusive of government fee and taxes.

Why is it necessary to register a Trademark?

There are several reasons why trademark registration is necessary for almost all companies or willing entrepreneurs. It gives special and legally recognized rights and also protects a trademark from unauthorized copycats. There are many advantages of getting a Trademark registered and utilizing the services. Lets us quickly go through some of them.

Intellectual Property Protection

  • It provides legal protection against the misuse or copy of a Company's name or logo, which is considered the most valuable asset for the Company.
  • The Trademark owner receives nationwide ownership of the mark, which can be legally upheld in any court.
  • Registering reduces the likelihood of another party claiming that your Trademark infringes upon theirs.
  • It grants an official notice that the Trademark is already owned. Therefore, a company that adopts a similar confusing Trademark, later on, cannot claim ignorance of the mark.

Powerful Deterrent

  • A Trademark owner obtains the right to publicly advertise the brand as a registered Trademark which alerts others and forestalls the defense of innocent infringement.
  • By registering a Trademark, the Trademark will appear in search reports that are likely to discourage others from proceeding with the same or similar mark registration.
  • When you are the first to register a Trademark, the National Trademark office in New Delhi will refuse registration to any trademark it seems confusingly similar to another such trademark.

Legal Remedies

  • By registering a Trademark, the trademark owner can recover up to triple damages from an infringer.
  • The owner receives the presumption of being the valid owner of the mark.
  • Registering a Trademark increases the likelihood of successfully filing a dispute resolution policy for an Infringing internet domain name.
  • The Trademark gives the owner an automatic right to sue in any court. An unregistered Trademark, on the other hand, is open to suits.

Frequently asked questions

Who needs Trademark registration?

Any word, name, device, label, numerals or a combination of colors that can be represented graphically can be registered as a trademark.

The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered.

Which Trademarks cannot be registered?

Any mark which is identical or similar to an existing registered trademark or any trademark for which an application has been made, cannot be registered. Also, marks that would likely cause deception or confusion or are offensive in any way may not be registered.

Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.

What is trademark class?

To standardise the goods or services which the trademark will represent, the trademark registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes.

Trademark registration is granted for that specific class of goods or service.

Is my Trademark application valid across the world?

No, any trademark registered in India will be valid only in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.

Can foreigner or a foreigner entity get a trademark registered in India?

Yes, a foreign person or a foreign entity can apply for trademark registration in India.

How long it takes to obtain a Trademark registration?

Trademark application can be filed with the trademark registry in a matter of 1 - 3 days. However, it will typically take 6 to 24 months for the registry to complete their formalities and provide registration for the trademark.

When is the TM mark used?

The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.

When is the ® mark used?

The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided

What is the Validity of the Trademark registration?

Registered trademarks are valid for 10 years from the date of filing. The owner of the mark can file for renewal to keep the trademark protection current prior to the end of its validity.

What happens when the Trademark application gets refused?

If the trademark examiner sends a hearing notice to the applicant and if there is no response to the hearing notice within 30 days of receipt, then the application is automatically refused. In such a case, a new application needs to be filed.

What is the function of the Trademark?

The trademark Identifies the goods or services and its origin

It guarantees its unchanged quality

The trademark guarantees its unchanged quality

Trademark registration creates a brand identity or the images for the goods and services.

Last updated: Mar 16, 2021

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