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Trademark registration in India is for those who want intellectual property protection. Anyone who needs to have a brand name of their business or product can apply for Trademark Registration.
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Trademark Registration

An Overview- Trademark Registration Online in India

Trademark registration in India permits the applicant to use symbols or words to symbolise a business or the items that are offered by a business to identify the goods or services that are offered by them from the rivals. After the trademark is registered in India no other organisation cannot use it as long as it continues in use.

The "TM" symbol can be used with the trademark application with the brand once it is registered. Trademark registration is an asset for the company to protect the brand name, it is important to register for trademark registration in India. It is usually advisable to secure the trademark registration under the supervision of a professional as the process involves several phases to be followed and also requires constant follow-up from the government.

Startup Club India has assisted hundreds of applicants around India in registering their trademarks. We ensure perfect customer satisfaction and timely delivery of services by team of qualified expert team and Chartered Accountants.

Different Types of Trademark Registration in India

There are different types of trademark registration in India. They are-

Words and service marks

Where the term "marks" refers to any symbol used to identify the products and services of a trade firm or service provider. While service marks denote the type of services offered by a business.

Shape marks

The appearance of the product can help differentiate it from competing products.

Symbols and logos

Logos and symbols are the written figure / design or character, as well as the painted design or figures, that represent the company, service, or product.

Collective marks

When markings are associated with a group of individuals or services collectively, the term "Collective Mark" is used. Although the organisation owns the trademark, it may be used by multiple individuals.

Series Marks

These are trademarks that have been registered for usage prior to or following a chain of items that have a common suffix / prefix / symbol.

The seal of certification

This is a mark that verifies that the company adheres to the product's standards and quality. This would inform the public that a certain company's product has met the certifying body's criteria.

Who can apply for Trademark?

Trademark registration in India is for those who want intellectual property protection. Anyone who needs to have a brand name of their business or product can apply for Trademark Registration.

An Individual (Person)

A non-business individual may also file a trademark application and get trademark registration for a word or symbol that he or she intends to use in the future. When filing a trademark application as a person, the applicant's complete name must be require.

Joint Owners

If two individuals collaborate and decide to file a trademark application, both individuals' names must be included in the trademark application.

Proprietorship Firm

When a proprietorship firm files a trademark application, the application must include the Proprietor's complete name. A business or proprietorship name is not suitable as a person's name. This is because a business or proprietorship name is more akin to an alias for the actual person, and proprietorship firms are not legal entities in their own right. However, if the application includes a proprietorship or business name in addition to the applicant's name, those facts will be captured separately.

Firm of Partnership

When a partnership firm files a trademark application, the names of all partners are essentially required to be included in the application. Because partnership firms are not regarded separate legal entities, the trademark application must include the names of all Partners. If the partnership firm includes a minor, the name of the minor's guardian should also be included.

Limited Liability Partnership

When a Limited Liability Partnership files for trademark registration, the application must be filed in the LLP's name. As an incorporated body, an LLP has its own identity. Thus, the Partner cannot be the applicant alone, as the trademark must be owned by an LLP.

Indian Company

When a private limited company, a one person company (OPC), or a limited company files for trademark registration, the application must be made in the company's name. Because a company has its own identity apart from its directors, the applicant cannot be a director of the company, although the application may be signed and submitted by the director or any other officer allowed by the company.

Foreign Company

In the case of a foreign incorporated entity filing a trademark application in India, the application must be lodged in the foreign incorporated entity's own corporate name. The type of registration, the nation in which the business was formed, and the law under which the company is registered must all be specified. If the foreign company does not have a major place of business in India, the application should include the applicant's address for service in India.

Trust or Society

When filing a trademark application on behalf of a Trust or Society, the name of the Managing Trustee, Chairman, or Secretary of the Trust or Society should be included.

Benefits of Trademark Registration in India

The major benefits of registering your brand are mentioned below:

Legal safeguards:

Trademarks are classified as intellectual property and upon registration can be protected from infringement. Additionally, trademark registration provides an exclusive right to use the trademark in connection with the "Class" of products or services that the brand represents.

Differentiation of products:

Registrations of trademarks are unique to the goods or services they represent. A trademark enables you to differentiate your goods from that of your competitors.

Recognize your brand:

Customers link a product's performance, quality, and features with the business that manufactures it. They often identify the goods by its logo, which is a registered trademark.

Establishment of an asset:

A trademark registration establishes an asset for a business. For accounting and income tax purposes, a trademark is treated as an intangible asset. Trademarks are protected intellectual property that carries a monetary value for the products they represent.

Valuation of businesses and goodwill:

Trademarks registered and linked with your products which increase the value, goodwill, and net worth of your business in the industry. Your trademark communicates your commitment to quality, the unique characteristics of your products, and the objective of your organisation.

Detailed Trademark Registration Process in India

Trademark registration is done by the registry of trademarks. Here are a few steps of brand name registration.

Step 1: Conduct an online search for a brand name that is sufficiently unique.

This is the simplest and most effective method for any beginner to obtain a memorable, modern, and fascinating brand name. Choosing an unique and distinctive brand name is a good option, as the majority of generic names are already taken.

Step 2: Prepare a trademark application.

The following documents must be submitted with the application for online trademark registration:-

  • Business Registration Evidence: Based on the type of business registered (e.g. sole proprietorship, etc. ), an identification and address proof for the company's directors must be supplied. In the event of a sole proprietorship business, the proprietor's identification, such as a PAN card or Aadhar card, may be submitted. Whereas, in the case of company, proof of the company's address must be supplied.
  • An electronic copy of the trademark.
  • The proposed mark's proof of claim (if applicable) may be utilised in another nation.
  • The applicant must sign a power of attorney.

Step 3: Submitting a brand name registration application

Manual filing and electronic filing are the two different methods of registration.

If you select 'manual filing,' you must personally deliver and submit your application for registration to the Registrar Office of Trade Marks in major cities throughout India, including Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. Following that, you must wait at least 15 to 20 days to obtain an acknowledgment of receipt. However, with an electronic filing system, you will get an instant receipt of acknowledgment on the government website. Following receipt of your acceptance, you may begin using your Trademark (TM) symbol alongside your brand name!

Documents Required for Trademark Registration in India

The following documents/details are required to register a trademark in India:

  • The applicant's category (individual/business/startup/proprietor or others)
  • The applicant's legal name
  • Complete Address
  • E-mail address of the applicant
  • Classification of Trademarks (Color/Logo/Name/Sound/Patterns/Others)
  • Description of Products or Services
  • Whether or not previously registered
  • Digital Signature Certificate
  • Permanent Account Number (PAN)
  • Unique identification number (Aadhaar)

FAQs on Trademark Registration in India

TM is used to denote an unregistered trademark that is being utilised to promote goods. TM may be used to assert use over trademarks for which registration has not been sought.

R is used to denote a registered trademark/service mark that confers complete ownership and legal rights on the applicant.
No, it is not necessary to register a trademark. However, registration serves as prima facie evidence of the trademark's proprietorship. It is worth noting, however, that no action can be brought for infringement of unregistered trademarks.
A trademark registration is valid for ten years. It is renewable in perpetuity every ten years. In India, a renewal request must be made in FORM TM-R within one year of the expiration of the trademark's previous registration.
Yes, sounds and scents are eligible for registration as trademarks. They should, nevertheless, be graphically reproducible and distinctive. For sound marks, a recording of the same must be submitted in MP3 format with a duration of no more than thirty seconds, coupled with a graphical depiction of the notations. Along with the sample, the smell can be expressed as a chemical formula.
Yes, a registered trademark may be cancelled for non-use. Except as provided in clause 3 of section 47 of the trademarks act, 1999, a trademark may be removed on the grounds of non-use if:

1. The trademark was registered without a bona fide intention and was not used for three months prior to the date of the application for removal; or
2. The trademark was not used for a continuous period of five years from the date of registration and application for removal.
If you prefer to conduct your own search (both identical and comparable), the following are the recommended steps:

a) Navigate to the government's online search site.
b) From a selection of 45 distinct business classifications, choose the one that applies to your search.

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