Within the competitive business realm, a product is frequently distinguished by its brand name and the distinctive elements that set it apart. These elements, ranging from logos and jingles to packaging design, collectively constitute what we refer to as a trademark. In today's digital era, safeguarding your brand identity has gained even greater significance. Whether you are launching a startup, managing an established business, or embarking on the entrepreneurial path as an individual, trademark registration remains a vital step to guarantee the uniqueness and distinctiveness of your products and services.
At IndiaFilings, we understand the paramount importance of safeguarding your brand's identity and ensuring the distinctiveness of your products and services in today's competitive market. That's why we offer expert assistance in filing for trademarks. Whether you're a dynamic startup, an established business, or an individual entrepreneur, our dedicated team is here to guide you through the intricate trademark registration process.
Let IndiaFilings be your trusted partner in securing your brand's identity and protecting your intellectual property.
Following the Indian Trademarks Act of 1999 (Section 2(zb)), a trademark is a distinctive marker that distinguishes products or services from competitors in the market. It encompasses various elements such as symbols, designs, expressions, or any identifiable feature linked to a specific brand. Remarkably, trademarks are open to ownership by individuals, corporations, or legal entities, making them accessible to a broad spectrum of entities and individuals alike.
Trademark registration protects your rights to use the mark in association with your goods or services. It offers a robust shield against infringement, empowering you to take legal action against unauthorized trademark use. Upon successful registration, your trademark remains valid for ten years from the filing date, with the option to renew it indefinitely.
Trademark registration is open to a wide range of entities and individuals, including:
This inclusivity ensures that various businesses and entities can safeguard their brand identities through trademark registration.
In India, various trademark registrations cater to different needs and purposes, all aimed at enabling consumers to recognize products and services associated with specific manufacturers or service providers. Here, we delve into the distinct categories of trademark registrations available:
This type of trademark is affixed to goods or products, aiding in identifying their origin and preserving a company's reputation. Trademark applications falling under classes 1-34 are typically classified as product marks as they pertain to tangible commodities.
Similar to a product mark, a service mark is used to identify services rather than physical products. Service marks primarily help differentiate the providers of certain services from others. Trademark applications falling under classes 35-45 are often regarded as service marks related to service offerings.
A collective mark conveys specific characteristics of products or services associated with a particular group. It allows individuals or entities to protect and represent goods and services collectively. The trademark holder may be an association, a public institution, or a Section 8 corporation.
The owner issues these marks to indicate information about a product's origin, composition, quality, or other pertinent data. Certification marks establish product standards and assure consumers that the product meets standardized quality benchmarks. They are commonly found in packaged goods, toys, and electronics.
Shape marks are employed to secure the distinct shape of a product, making it easily recognizable to consumers as originating from a specific manufacturer. Registration is contingent on the shape being deemed distinctive.
Pattern marks are used for products featuring unique, designed patterns that serve as distinguishing features. To qualify for registration, these patterns must stand out as distinctly recognizable.
Sound marks are distinctive sounds associated with products or services from suppliers. Sound logos, often known as audio mnemonics, are commonly heard at the beginning or end of commercials. An example in India is the IPL tune.
These diverse categories of trademark registrations offer businesses and entities the flexibility to protect their brand identity following their unique offerings and market presence.
Trademark classes are a critical aspect of the registration process, as they categorize goods and services into 45 distinct classes. The careful selection of the appropriate class is paramount because it determines the validity of your trademark registration concerning your business's products or services. If your company operates across various areas falling into different classes, it's crucial to ensure that you apply for a trademark under all the relevant classes.
In India, some commonly chosen trademark classes include:
Before registering the trademark, conducting a comprehensive trademark search is of paramount importance. This step is critical to safeguard the integrity and exclusivity of your brand. An online trademark search entails furnishing the brand name and the relevant class for scrutiny. This meticulous search aids in identifying pre-existing trademarks in the market, enabling the assessment of potential conflicts and, ultimately, ensuring the protection of your brand. IndiaFilings provides online trademark search tools and support to facilitate this pivotal process, assisting you in making informed decisions regarding your trademark registration.
To initiate the online trademark registration process in India, you will need to furnish the following initial details:
In addition to these details, you will be required to submit the following documents to complete the online trademark registration process:
|Applicant Type||Required Documents|
|Company PAN card|
|MSME Certificate (if applicable)|
|Logo (if applicable)|
|Partnership Firms||Partnership deed|
|Partnership PAN card|
|MSME registration certificate|
|Logo (if applicable)|
|Limited Liability Partnerships (LLPs)||LLP deed|
|LLP PAN card|
|Logo (if applicable)|
|Trust PAN card|
|Logo (if applicable)|
After completing the trademark search, the next step is filing the trademark registration application with the Trademark Registrar.
The Vienna Classification, also called the Vienna Codification, is an international system that categorizes the figurative elements of trademarks. After filing the trademark registration application, the Trademark Registrar will apply the Vienna classification to the trademark's figurative elements.
After completing the Vienna Codification, the trademark registration application will be assigned to a Trademark Registrar's officer. The officer will assess the application for accuracy and generate a trademark examination report. Based on this report, the officer can accept the application, allow it for trademark journal publication, or raise objections to the registration process.
In the event of objections, the applicant can address the concerns before the Trademark Officer. If the officer finds the justifications satisfactory, the trademark will be approved for publication in the Trademark Journal.
Once the Trademark Registrar accepts the application, the trademark will be published in the Trademark journal. This journal, published weekly, contains details of all trademarks the Registrar receives. Members of the public have the opportunity to raise objections if they believe the trademark registration could harm their interests. If no objections are submitted within 90 days of publication, the trademark will be registered within 12 weeks.
A Trademark Hearing Officer will schedule a hearing if a third party objects to the application. Both the applicant and the opposing party have the chance to present their arguments. Based on the hearings and evidence, the Trademark Hearing Officer will decide whether to accept or reject the application.
In cases where no objections or oppositions are raised, the trademark registration certificate will be prepared and issued. A trademark is officially considered registered when the Trademark Registration Certificate is issued, granting the owner exclusive rights to the mark.
At this point, the ® symbol can be added to the logo or trademark.
Trademark objections are typically one of the initial stages in the trademark registration process. Instead of outright denial, the Registrar seeks valid reasons or explanations regarding the trademark's registrability.
Trademark opposition occurs when a third party files an objection against registering a trademark. The Registry accepts oppositions from any natural or legal person, including individuals, businesses, partnership firms, and trusts.
After successfully registering your trademark, it remains valid for ten years from the filing date. To ensure the continued protection of your trademark, it is imperative to renew it every ten years.
Online trademark registration in India can be intricate, involving numerous steps and government procedures. At IndiaFilings, we simplify this process. Here's a breakdown of how we can assist you:
Please start the process by providing us with essential information about your desired trademark and industry. Our experts will thoroughly search the trademark database to determine its availability. Once we identify an available brand, we move on to the next step.
Our professional experts will guide you in selecting the appropriate class or classes that comprehensively cover all aspects of your business. Concurrently, you can begin uploading the documents required for the online trademark registration.
Upon receiving your documents, our expert team will verify their accuracy and completeness. We then complete the trademark application form on your behalf, ensuring all required documents are submitted correctly. Throughout this process, we maintain transparency and keep you informed, monitoring notifications from the Trademark Registry until the registration is completed.
Congratulations! Once the application is submitted, you can start using the ™ symbol
In cases where the trademark examiner raises questions about your application, you may receive a trademark objection notice. Our experts can aid you in crafting a robust response and submitting the necessary documents and evidence.
We keep you informed about the status of your application and help you navigate any oppositions or hearings. After successful registration, IndiaFilings can help with trademark renewal, trademark assignment, licensing, and any other post-registration services you may require.
Are you ready to protect your brand and secure your trademark in India? Take the initial step in safeguarding your business identity by obtaining Trademark Registration through IndiaFilings. With IndiaFilings, you can rest assured that your brand is in capable hands. Don't delay any longer – ensure the validity and exclusivity of your trademark today. Get started with IndiaFilings and safeguard your valuable intellectual property rights.
|What’s protected||Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another.||Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these.||Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.|
|Requirements for protection||A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good.||A fresh, valuable, and unusual invention is required.||A work must be unique, original, and created in a tangible manner.|
|Term of protection||As long as the mark is used in commerce.||20 years||Author’s life span+ 70 years.|
|Rights Granted||Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin.||Right to restrict others from manufacturing, selling, or importing the patented invention.||Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.|
If the trademark is registered under a company or LLP.
If the trademark is registered under a partnership firm.
Of the authorised signatory.
Of the authorised signatory.
Please print document in color. Authorised signatory to sign on each of the pages.
Please upload the logo in black and white to ensure all colors of the trademark are covered under the registration.
In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.
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