What is a Trademark Registration in India?
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| Trademark Registration Online |
A Trademark generally refers to a “brand” or “logo”.
Trademark registration can also be obtained for a business name, distinctive catchphrases, taglines or captions.
Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an indication of origin of the goods as well as an indication of quality.
It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.
Use of TM, SM and ® symbols
'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application.The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered.
Advantages of Trademark Registration in India
Advantages of Trademark Registration:1. Exclusive Rights:
The owner of Registered Trademark enjoys exclusive rights over the trademark. The owner can use the same for all the products falling under the class(es) applied. Further, the owner can enjoy the sole ownership of the Trademark and can stop others from the unauthorized use of the Trademark under the same class where it is registered. It gives the right to sue the unauthorized use of the Trademark Registered.
2. Builds trust and Goodwill:
The established quality of your product and services are known by everyone through the trademark and which establishes trust and goodwill among the customers in the market. It helps in creating permanent customers who are loyal and always opt for the same brand.
Differentiates Product:
It makes easy for customers to find your products. It makes your product and identity of products different from that of the existing and foreseen competitors and acts as an efficient commercial tool. The logo can communicate your vision, quality or unique characteristic of your company and any organization.
3. Recognition to product’s Quality:
It gives recognition to the quality of the product. Customers attach the product’s quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo/brand name.
4. Creation of Asset:
Registration of Trademark creates an intangible asset i.e. Intellectual Property for an organization. A registered trademark is a right created which can be sold, assigned, franchised or commercially contracted. Also, the Trademark is an intangible asset that gives the advantage to the organization.
5. Use of ® symbol:
Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark. It is exclusive of all types of usages as well as rights. If someone else uses the trademark then you can also sue the party if the trademark is registered.
6. Protection against infringement:
No competitor or another person can use the wordmark or logo registered by you under trademark. However, if in any case one uses it without the approval of the owner of the trademark or makes any deceptive use of the same, the owner can get the legal protection under the Act and stop the person doing so.
7. Protection for 10 Years at low cost:
Online Trademark registration is done on a very low maintainability cost. Once you register the trademark you have to just pay the maintenance cost and renewal cost which is after 10 years of registering the trademark. It is cost-efficient and helps your company create a unique image.
8. Global Trademark Registration:
If one wants to register the trademark in countries other than India, the trademark registered in India can be used as the basis of registration there. For any person willing to expand outside India, the trademark registered in India can provide a good base along with the Established Goodwill in the Country.
9. Attract Human Resources:
Young minds aspire to join big Brands as it acts as a magnet. It inspires the positive image of the organization and thus candidates are attracted towards them easily. This reduces the cost of hiring and related activities.
What is the Trademark Registration Process in India?
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| Trademark Registration in India |
1. Trademark Search
Step 1: The first step is the selection of a trademark.
Step 2: It is advisable for the applicant to search the trademark records registry and ensures that the intended trademark does not resemble or identical the registered mark.
Step 3: The search can be done online or through the trademark office.
Step 4: It is advisable to consult an experienced lawyer as they are well-versed in their profession and are be able to conduct an exhaustive search. Hire a lawyer if you think you have right on a particular trademark but if it is already registered.
After thorough research, the application for registration in the trademark can be made in the prescribed form.
2. Filling of Form TM-1
Time to Complete: 2 daysCost: Rs. 4,000 (per application per class) + lawyer’s fees
Step 1: The application for the registration of the trademark should contain the following particulars:
- “Mark” chosen to be registered,
- Trademark owner’s information,
- List of goods or services for which the trademark will be used.
Step 2: The application for a trademark can be made both online and offline.
- Trademark Registration Online application: A Class III Digital Signature Certificate is required.
- Trademark Registration Offline application: An application to the Offices of the Trademark Registry is required.
Step 3: Once the application for the trademark registration is made, the Registrar will search for the uniqueness of name and will check the registered marks and pending applications to ascertain whether any such marks exist and to know the register-ability of the proposed mark as per the law.
Step 4: In case, of objection by the registrar for acceptance of the application or propose to accept the application with certain term and conditions, amendments, limitations, etc., the same is communicated in writing to the applicant and the applicant has to communicate back regarding their rectification within a period of three months.
3. Cost
Step 1: So now, that you have your name, on to filing of Form TM-1. Each such form would contain only one application. So if you are registering the trademark in two classes (i.e. sectors): let’s say Relentless Garments and Relentless Computer, as well as having a separate logo for each, you would be making four applications.Step 2: With government fees Rs. 4,000 /-per application, the total would amount to Rs. 16,000.
Step 3: Lawyer’s fee starts at Rs. 200/- per application will amount to at least Rs. 8,000/-for 4 applications.
Step 4: In the case of the logos, a jpeg image needs to be provided.
Step 5: The acknowledgment, which mentions the filing date and application number, is received immediately, but it will take two more days to obtain the Original Representation Sheet.
4. Use your Trademark
Now you can use the Mark, But the use of symbols would take up to 2 years if everything goes smoothly.Documents Required for Trademark Registration Online in India
Individuals & Sole Proprietorship
Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark. Further, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under:- Copy of the logo, preferably in black & white (Optional). In case the logo is not provided, the trademark application can be filed for the word.
- Signed Form-48. Form-48 is an authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
- Identity Proof of the individual or Proprietor.
- Address Proof of the individual or Proprietor.
Partnership / LLP / Company – Small Enterprise or Startup
The trademark registration fee varies from Rs.4500 to Rs.9500. For small enterprises, startups, proprietorships, and individuals, the lower trademark fee of Rs.4500 is applicable. For all other entities, the trademark government fee applicable is Rs.9500. To be classified as a small enterprise, the applicant would have to provide the Udyog Aadhar registration certificate. Further, in addition to the Udyog Aadhar registration, the following details would be required.Partnership / LLP / Company
In the case of a partnership firm or LLP, the entrepreneur would have to submit the following:- Copy of Logo (Optional)
- Signed Form-48.
- Udyog Aadhar Registration Certificate.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
Other Applicants
All other applicants, including companies that do not have Udyog Aadhar registration, will have to submit the following documents to obtain trademark registration in India.- Copy of Logo (Optional)
- Signed Form-48.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
