Trademark Registration in India
A Complete Guide
Trademark registration in India is business legal means of brand name protection, faith creation, and law power advantage. Registered mark gives special advantage to businessman for using brand name, symbol, logo, or slogan so that no other individual will use identical marks so that no confusion arises in mind of public in marketplace. Here we’re walking you step by step through all the things you’d ever want or ever need to know about owning a registered trademark in India, from why on earth under heaven you’d ever even have a trademark at all to how on earth on the planet you even register it and what on earth is all the hubbub about.
What is a Trademark?
Trademark is any distinctive word, mark, shape, symbol, or even any distinctive combination of symbols that make a company product or service different from any other product or service. Trademark is an indication of a brand name which identified the origin or source of a product or service. Trademark includes logo, product name, package, and even sound (company theme song, for example).
Indian trademarks are regulated by the Trade Marks Act, 1999 and enforced by protection law, enforcement, and enforcement of a trademark.
Significance of Trademark Registration in India
Trademark registration is of various advantages and hence of utmost significant importance as part of company incorporation and brand management. The most compelling reasons why trademark registration is required have been explained elaborately below:
- Legal Protection: Once the trademark is registered, it gets legal protection. If any other individual, aside from the trademark owner, makes use of any such trademark, then it would be a case of infringement and is punishable on the concerned side.
- Right of Exclusivity: Right of exclusivity to use the mark along with the mark owner, i.e., the mark along with which to use along with products or services in or with which the mark is registered. It is in a bid to keep competition from using the same mark in a way that customers shall not be misled in the market.
- Brand Identity: The originality and uniqueness of the business may be created through the registration of a trademark. Registered products gain the customer’s attention, and they reflect professionalism and uniqueness.
- Value to Assets: Intellectual business organizational assets that have valuative characteristics and which are registered trademark. The registered trademark is franchised, licensed, and sold and therefore other sources of revenues are being harnessed.
- Against Misuse: Registered mark owner can approach courts in case of misuse of a mark by any third party either with or without his/her knowledge. He/she can sue for additional damages and interim injunction against pirated sale.
- On an International Level: Due to international agreements such as the Madrid Protocol, Indian registered mark is protected globally by foreign trade and commerce.
Indian Trademark Classes
Indian trademark law offers a range of trademarks according to different business brand needs. They are:
- Word Mark: Word or words to recognize company goods or services (e.g., “Nike”).
- Logo or Device Mark: Logo, sign, or mark after acceptance for use in the object of identification of goods or services (e.g., McDonald’s golden arches).
- Label Mark: Product label mark or pack mark (e.g., Coca-Cola red label).
- Shape Mark: Form or product (e.g., shape of Coca-Cola bottle).
- Sound Mark: Sound of a brand or product (e.g., Nokia ringtone).
- Colour Mark: Unique combination or scheme of color of a company (e.g., blue box of Tiffany & Co.).
- Collective Mark: Association mark or by more than one for the purpose of disclosing goods or services manufactured by its members.
Indian trademark registration is easy but must be precise. What’s the haps here:
Step 1: Perform a Trademark Search
After mark search to be used as trademark, then one must check whether mark can be used as some other type of mark such as registered mark or even copy. For preparing same distinctive, one may check Intellectual Property India government website of India to its Trademark Search page.
Step 2: Posting the Application
You then post after making your mark legible. Posting is online on the portal of the Office of the Controller General of Patents, Designs and Trademarks.
You will need to provide:
- Name and address of the Applicant
- Drawing of the Mark wherein registration of a sound mark or an odour mark and the mark as an odour or a sound is indefinite
- A class or category or product on which the mark is to be marked
- A category or class or product on which the trademark has to be used
Step 3: Examination of the Application
The application would then be made before the Registrar of Trademarks. The registrar would also review whether the application would fall within the Trade Marks Act, 1999 or not. If there had been no opposition filed, the trademark would be advertised in the Trademark Journal.
Notice would be provided to applicant of mark and, if and where case merited, would be compelled to plead or argue to oppose.
Step 4: Publication in Trademark Journal
Mark is advertised in Trademark Journal on date of grant of application. Advertisement offers opportunity to a third party to resist the registration of the mark within four months from date of advertisement.
Step 5: Issue of Certificate of Registration of Trademark
Until and unless withdrawal of opposition or objection of preference, mark is registered and Trademark Registration Certificate given to applicant. It is title document and establishes absolute right in the trademark to owner.
Duration and Renewal of Trademark Registration
Trademark registration for 10 years from date of filing of application. Trademark renewable indefinite number of times after 10 years on pending application on expiry.
Cost of Trademark Registration in India
Trademark fee in India differs according to class of applicant. Trademark fee in India is extremely low in the case of big business for small business and single man business. Trademark fee in India is approximated below:
- Individual candidate candidates: Startup candidates: ₹4,500 per class
- For company candidates (companies): ₹9,000 per class
Both are e-filing fees. Would likely be minor difference if offline or for legal advisory purpose in other case proceeding.
Benefits of Trademark Registration in India
- Monopoly Right to use: Monopoly right to use the mark in terms of goods and services is provided by trademark registration.
- Remedy under Law: Provides remedy under law in case of misuse or infringement.
- Market Advantage: Registered marks stand out from the crowd roll call and make consumers resolute and firm.
- Anti-Counterfeiting Protection: Your mark is used as an anti-counterfeiting protection against counterfeited goods or services.
- Asset Value: Your marks can be merchandised, sold or licensed and hence asset values to your firm company.
Conclusion
India trademark registration is of the greatest significance to business firms in an effort to secure the firm name and have legal rights over it in business.
It is a long value of a company, it is a replica guarantee, and trust from consumers is hard to obtain. It makes you wise somehow, but through possessing correct information and wisdom, the business firm can roam about in life. You are a firm enterprise or a company, and your brand registration application is an investment on your own brand in the future.
Frequently Asked Questions (FAQs)
- Trademark how long in India?
Trademark is registered within 6-12 months based on genuineness of application and objection or opposition raised.
- Can trademark register without logo?
Yes, even trademark can be registered without logo. Word mark is company name only without symbol or design, i.e., abc.com.
- What if someone uses my registered trademark?
If your registered trademark is being infringed by a third party without permission, then you can approach for a law of means of relief of infringement, i.e., injunction or compensation.
- Is the registration of trademark compulsory in India?
No, it is not compulsory to register a trademark, but having a legal guardian of your company and brand is better.
- Can a trademark be transferred?
Yes, the trademark is transferable and freely sellable in terms of law to any other party.
- Is a trademark revocable?
Yes, if ever in case the trademark is found violative of the provisions of Trade Marks Act, i.e., generic or dormant for five years.