Trademark Registration

TRADEMARK refers to the ‘Mark’ with whom you want to ‘Trade’ in market. A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest. Building a trademark takes a lot of time, effort and capital. As a result, it’s essential to make sure that you possess the rights to use your brand’s logo, tagline, product shape and packaging, sound, fragrance, colour combinations, and anything else that gives it a distinct identity

In India, the Trademark Act, 1999 permits you to register a trademark. It allows for exclusive ownership rights and forbids others from using the mark, favouring the registered mark’s owner.The registration provides the right to sue against others who try to copy your trademark and prevents others from using a similar trademark to the one registered by you.

The Controller General of Patents, Designs and Trade Marks heads the TRADE MARKS Registry offices and functions as the Registrar of TRADE MARKS. He, from time to time, assigns functions of the Registrar to other officers appointed by the Central Government and such officers also function as Registrar in respect of matters assigned to them.

You Can Trademark Any One Of The Below Things Or Even A Combination Of The Following:

  • Letter
  • Word
  • Number
  • Phrase
  • Graphics
  • Logo
  • Sound Mark
  • Smell or a mix of colours

BENEIFTS FOR REGISTERING THE TRADEMARK

  1. It represents your unique identity
  2. Helps in creating trust and loyalty among your customers
  3. Protects your brand’s identity by Legal framework
  4. Registered trademark will be your company’s assets
  5. It prevents unauthorized usage of your brand’s identity.

WHAT IS TRADEMARK OPPOSITION?

If there is any opposition by a third party within 3 months of the trademark publication in the trademarks journal, the Registrar of Trademarks will give you a copy of the notice of the opposition. You need to reply to the opposition notice by filing a counter-statement within months. If you do not submit the counter statement within 2 months, the trademark application will be considered to have been abandoned and rejected.

However, if there is no opposition within 3 months, this step will not apply to you, and your brand name is proceeding towards acceptance for the issuance of Trademark Registration Certificate.

WHAT IS TRADEMARK HEARING?

This step will not apply to you, if there is no trademark opposition.

However, if your trademark is opposed by a third party and you send your counter-statement within 2 months, the Registrar of Trademarks will send your copy of the counter-statement to the third party opposing trademark registration.

Evidence must be submitted by you and the third party in support of your case. The Registrar will give you and the third party an opportunity of hearing after submission of evidence. After hearing both the parties and considering the evidence, the Registrar will pass an order of acceptance or rejection of the trademark application. If the Registrar of Trademark accepts your trademark application, then he will process to issue registration.

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION

Initially, you have to provide us with the following details:

  1. Applicant’s name
  2. Business type
  3. Business objectives
  4. Brand/logo/slogan name
  5. Registration address

The documents required are:

  • Signed Form-48
  • Identification proof of the signatory
  • Address proof of the signatory
  • Business proof (depends on the type of business)
  • Udhyam/MSME registration certificate (optional)

FAQ

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.

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

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

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.

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.