SRCC

Intellectual Property

Trademark Registration

In India, what is trademark registration?

In India, trademark registration allows an applicant to use symbols or words to symbolise a business or its products in order to differentiate their goods or services from those supplied by rivals. Once a trademark is registered in India, it cannot be used by anybody else for as long as it is in use.

Once a trademark is registered, the “TM” sign can be used by the applicant and the brand. Trademark registration is an asset for the firm, and it is important to file for trademark registration in India to protect the brand name. It is usually preferable to get trademark registration under the supervision of a professional, as the procedure entails several phases and requires frequent government follow-up.

Trademark Registration Eligibility

In India, what is trademark registration?

In India, trademark registration allows an applicant to use symbols or words to symbolize a business or its products in order to differentiate their goods or services from those supplied by rivals. Once a trademark is registered in India, it cannot be used by anybody else for as long as it is in use.

Once a trademark is registered, the “TM” sign can be used by the applicant and the brand. Trademark registration is an asset for the firm, and it is important to file for trademark registration in India to protect the brand name. It is usually preferable to get trademark registration under the supervision of a professional, as the procedure entails several phases and requires frequent government follow-up.
An individual (Person)

One who is not in the business of selling goods or services can file a trademark application and receive trademark registration for a symbol or term that the applicant intends to use in the future.

Co-owners

In the event that two persons decide to file a trademark application, both of their names must be listed on the application.

Proprietorships

The complete name of the applicant must be included while filing a trademark application in India for a proprietorship company. The
ownership or the business name are not suitable.

Firm with a Partnership

When filing a trademark application for a partnership company, make sure to include the names of all of the partners. The name of the guardian who is representing the minor should be given if the partnership firm has a juvenile in the partnership.

Limited Liability Corporation (LLC)

The application for a Limited Liability Partnership should be made in the name of the LLP. An LLP is a legal entity in which each of the partners has their own identity. Because the trademark belongs to the LLP, the partners cannot be the applicant.

Indian Company

When filing a trademark registration application in the name of a Private Limited Firm, a One Person Company, or a Public Limited Company, the application must be filed in the name of the company. They cannot be implemented by the Director since they are all separate established organisations. The Director or any officer who has been approved by the officer can sign and submit it.

Foreign Company

If a foreign incorporated entity applies for a trademark in India, the application must be filed under the corporate name, as it is registered in the foreign nation. The kind of registration, the nation, and the statute should all be specified here.

Trust or Society​

If a trademark application is filed on behalf of a trust or society, the managing trustee, chairman, or secretary who is representing the trust or society must be named.

Types of Trademark Registrations in India

Product marks, service marks, collective marks, certification marks, form marks, sound marks, and pattern marks are all examples of trademarks that can be registered. Despite the fact that there are numerous trademarks, their aim is the same: to allow customers to identify goods and services produced by certain manufacturers or service providers. Let’s look at the many forms of trademark registrations available in India.

 

1.Product Mark

Instead of a service, a product mark is applied to a thing or a product. A product mark aids in the identification of the product’s origin as well as the preservation of the company’s reputation. Because they represent products, trademark applications filed under the trademark 1-34 might be classified as product marks.

3. Collective Mark

The collective mark educates the public about the unique characteristics of the products and services that are used to represent a group. This mark can be used by a group of people to protect products and services on a collective basis. A trademark holder might be an organisation, a governmental institution, or a Section 8 corporation.

2. Service Mark

A service mark is similar to a product mark, except that it is used to identify a service rather than a product. The service mark’s main aim is to assist differentiate the proprietors from the owners of other comparable services. The trademark applications are submitted under trademark classes 35-45, which might be considered service marks because they represent services.

4. Certification Mark

 It is a symbol provided by the proprietor that indicates the product’s origin, substance, quality, or other particular characteristics. The main goal of certification is to establish a product’s standard and to provide buyers with assurance that the product has passed established testing to assure quality. Typically, certification markings may be seen on packaged goods, toys, and gadgets.

5. Shape Mark

The form mark is used solely to secure the shape of a product so that buyers associate it with a certain manufacturer and choose to purchase it. Once it is determined that the product has a distinctive shape, the shape can be registered.

Pattern Mark

The pattern markings are for items that have a specific designed pattern that serves as the product’s distinctive feature. Patterns that do not stand out as noteworthy are discarded. A pattern mark must stand out as distinct in order to be registered.

Sound Mark

A sound mark is a sound that may be linked to a product or service that comes from a certain provider. Sound logos are also known as audio mnemonics, and they occur at the start and conclusion of commercials. The song for the Indian Premier League is the most popular sound mark in India.

Documents required for Trademark Registration

What are the benefits of registering a trademark?

There are various reasons to register a trademark, but the majority of them are required for all businesses and eager entrepreneurs since it serves as a valuable asset. Obtaining a trademark registration and employing the services has several advantages. Here are a few benefits.

 

Protection of Intellectual Property

The legal protection provided by trademark registration is against the abuse or copying of the company’s name or registered logo. The trademark owner obtains legal ownership of the trademark, which may be enforced in any court. When a trademark is registered, the owner has nationwide ownership of the mark, which may be legally enforced in any court.

A trademark registration serves as formal notification that the trademark has previously been registered.

Effective Deterrent

The right to openly promote a trademark as a registered trademark notifies others and eliminates the argument of innocent infringement. Once a trademark is registered, it will show in search reports, discouraging other applicants from pursuing the registration of the same or similar mark.

If you are the first to file a trademark, the National Trademark Office in New Delhi will reject to register any trademark that seems to be confusingly similar to another trademark.

Legal Actions

The owner of a trademark can recover up to triple damages from the infringer if the trademark is registered in India. The owner is presumed to be the rightful owner of the trademark. When a trademark is registered, the owner gains the ability to sue anybody who is abusing the mark in any court. Unregistered trademarks, on the other hand, are vulnerable to legal action.

Important things to know before getting a Trademark registration

Trademark registration is now possible online, thanks to technical developments.

Trademark Search

Prior to getting started, the entrepreneur needs check for trademark availability. A trademark search will reveal information about Trademarks that are identical or similar to those that have been filed with the Trademark Registry

Filing a Trademark

The trademark registration application can be filed with the Trademark Registrar when the trademark search is completed. However, the application must be completed in a certain manner and sent with the appropriate payments. The application can be submitted online or at any of the state’s five Trademark Registrar’s offices. To register a trademark online, go to the SRCC website.

 

The following information must be included in the Trademark Registration application:

1.The Trademark or the Logo

2.Trademark owner’s name and address

3.Trademark used Since the date

4.The items or services are described in detail.

The Vienna Codification Process

The Vienna Categorization, often known as the Vienna Codification, is an international classification of the symbolic components of trademarks that was created by the Vienna Agreement (1973). The Trademark Registrar will apply the Vienna classification to the Trademark based on the marks’ figurative components when the Trademark registration application is filed. The trademark application status is generally “Sent for Vienna Codification” while this process is in progress.

Examining Trademarks

The Trademark registration application will be assigned to an officer in the Trademark Registrar’s office when the Vienna Codification is completed. Following that, the officer will examine the Trademark application for accuracy and provide a Trademark examination report. The trademark application can be accepted, trademark journals can be published, or the trademark registration procedure can be objected to.

If the application is denied, the applicant has the option of appearing in front of the Trademark Officer to answer the objections. If the officer is satisfied with the rationale, the Trademark will be approved for publishing in the Trademark Journal. The applicant has the opportunity to appeal the officer’s judgement to the Intellectual Property Appellate Board if the grounds are not sufficient.

Publication in the Trademark Journal

The proposed Trademark is published in the Trademark journal when the Trademark Registrar accepts the registration application. This journal is published weekly and contains all of the trademarks that have been received by the Registrar. In addition, members of the public can oppose to a trademark registration if they believe it would harm them. If no objections are received within 90 days of publication, the mark will be registered in 12 weeks.

If a third-party objects to the application, the Trademark Hearing Officer will schedule a hearing. Both the applicant and the opposer have the opportunity to attend and provide their respective justifications. The Trademark Hearing Officer will decide whether the application should be approved or refused based on the hearings and evidence presented. The escalation officer, on the other hand, can appeal the Hearing officer’s judgement.

Registration of a Trademark

Only the Trademark document and trademark registration will be created and granted if there are no objections or oppositions. Trademark is regarded a registered trademark of the owner only when the Trademark registration Certificate is granted, allowing the owner some exclusive rights to the mark. The ® symbol can now be used in conjunction with a logo or trademark.

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