Trademark Registration in India

People often use a term called Brand, such brand term is unique identity of such business and it is in legal terms known Trademark. A trademark in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used as unique identity for one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.

A trademark registration in india is an intangible asset or intellectual property for a business and is used to protect the company’s investment in the brand or symbol. Such Trademark can be protected through getting it registered under Trademark Act, 1999.

Trademarking your logo or brand, a registered TM number which works as trademark license is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name. It is always advised to get Trademark registration or brand name registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks.

10 Benefits of Trademark Registration in India

Registering your trademark in India offers a multitude of advantages that can empower your business and safeguard your brand identity. Here’s a breakdown of some key benefits:

1. Exclusive Rights: Upon registration, you gain the sole legal right to use your trademark for your specific goods or services within India. This prevents others from using confusingly similar marks that could mislead consumers. This exclusivity is crucial for building brand loyalty, ensuring consumers can easily identify the genuine source of the high-quality products or services they expect from your brand.
2. Brand Protection: A registered trademark acts as a shield against imitation and misuse by others. It upholds the integrity and reputation you’ve carefully built for your brand. Imagine if a competitor used a similar mark, potentially tarnishing your brand image and misleading consumers. Trademark registration empowers you to take legal action against such infringements, protecting the years of effort invested in building brand recognition and consumer trust.
3. Legal Enforcement: A registered trademark grants you the legal muscle to fight unauthorized use. This ensures exclusive ownership rights and allows you to combat infringement. You can send cease-and-desist letters, file lawsuits for damages, or even seek injunctions to prevent ongoing infringement. By enforcing your trademark rights, you deter copycats and protect the value you’ve built in your business reputation.
4. Enhanced Brand Reputation: Registered trademarks foster goodwill and consumer trust. Consumers recognize them as symbols of quality and reliability, signifying the brand owner’s commitment to maintaining specific standards. This can be a significant advantage in a competitive marketplace, as consumers are often willing to pay a premium for trusted brands. Additionally, a registered trademark helps differentiate your brand from competitors, making it easier for consumers to remember and choose your products or services.
5. Distinct Identity: Trademarks establish unique identities for your products and services. This can encompass a wide range of elements that trigger recognition and positive associations with your brand. These elements include distinctive words, logos, symbols, sounds, color combinations, and even product packaging or unique scents. A strong trademark can be any combination of these elements, or even a single element that has become recognizable over time. For instance, Coca-Cola’s script logo and red color are instantly recognizable trademarks that evoke specific feelings.
6. Territorial Protection: Registered trademarks grant you exclusive usage rights within India’s borders. This strengthens your defense against competitors who might try to use similar marks to deceive consumers. With a registered trademark, you can take legal action to prevent these “lookalike brands” from entering the market, safeguarding the reputation and goodwill you’ve built for your brand. This protection is especially important in crowded marketplaces where consumers might be easily confused.
7. Adaptability During Registration: The trademark registration process in India allows for some flexibility for modifications. If you identify any issues with your trademark application during examination, you can make changes to address those concerns and ensure your trademark aligns with your evolving business needs. This can be helpful for businesses that are still developing their brand identity or anticipate expanding their product or service offerings in the future.
8. Increased Business Value: A well-recognized brand with protected assets significantly enhances business value. This makes your company more attractive to potential investors or buyers.
9. Global Reach: India’s membership in the Madrid Protocol simplifies international trademark registration. This can be valuable if you plan to expand your business overseas.
10. Long-Term Protection: Trademark registration in India is valid for ten years with the option for indefinite renewals, safeguarding your brand’s uniqueness for the long term.

Types of Symbols used for Trademark Registration

‘TM’ Symbol

This symbol can use with the brand name until your trademark is not registered and the application is in pending status. This is to inform the public of his exclusive claim over the brand. The claim may or may not be valid depending upon the result of trademark registration.

‘SM’ Symbol

It is also a kind of trademark which Service Mark, but it identifies and distinguishes the source of a service rather than a product. For example, you will use TM for a product and SM for a service like housekeeping.

‘R’ Symbol

This symbol is only applicable for your brand when the mark is being registered and the Certificate of Registration is issued by the Trademark Registrar.

Trademark Registration Process in India

Step 1

The Process begins with searching the availability of Trademark, which provides information about the identical or similar trademarks that has been already filed with the registrar. It can be done by visting Trademark registrar website which is government official website.

Step 2

Once trademark search is completed then application for trademark registration can be filed with Trademark registrar through FORM 48. Once the application is filed and submitted then the user is alloted with a registration number which is also known as TM number, user can suffix TM symbol to logo.

Step 3

Once the trademark registration application is filed, the Trademark Registrar will apply the Vienna Classification to the trademark based on the figurative elements of marks. While this work is in progress, the trademark application status usually reflects as “Sent for Vienna Codification”.

Note:- The Vienna Classification or Vienna Codification is a worldwide characterization of the components of the trademark.

Step 4

Once Vienna classification or codification is completed the application will undergo for examination by trademark officer for checking the geniuneness of the documents provided with the application. After completion of review the officer issues a report which may results in acceptence or objection or rejection.

Once the trademark got accepted then it is futhur processed to publish in trademark journal, if trademark application got objected then applicant is called fur to address the objections by giving clarification. Once the officer got satisfied then application go for the furthur process orelse it will be rejected and applicant has right to appeal the decision before Intellectual Property Appellate Board.

Step 5

After getting acceptance for the application then such application is furthur processed for publication in Journal, the trademark journal is published weekly and contains all the trademarks that have been accepted by the Trademark Registrar. Once the trademark is published in the trademark journal, the public have an opportunity to object the trademark registration, if they believe they will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will typically be registered within 12 weeks – months time.

If the trademark registration application is opposed by a third-party, hearing will be called for by the Trademark Hearing Officer. Both the trademark applicant and the opposing party have the chance to appear at the hearing and provide justifications for registration or rejection of the trademark application.

Step 6

Once the trademark got accepted after publication without any objection then trademark registration certificate will be issued to applicant.

Documents Required for Trademark Registration

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 logo is not provided, the trademark application can be filed for the word.
• Signed Form-48. Form-48 is a authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
• Identity Proof of the individual or Proprietor.
  a. Aadhar/ Driving License
• Address Proof of the individual or Proprietor.
  a. Property Tax Recipt
  b. Rental Agreement/ Electricity Bill with NOC if Rented property

Partnership / LLP / Company – Small Enterprise or Startup

The trademark registration in india fee varies between 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 Udyog Aadhar registration certificate. Further, in addition to the Udyog Aadhar registration, the following details would be required.

Partnership / LLP / Company

In 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 the Signatory.
  a. Aadhar/ Driving License
• Address Proof of the signatory.
  a. Property Tax Recipt
  b. Rental Agreement/ Electricity Bill with NOC if Rented property

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 the Signatory.
  a. Aadhar/ Driving License
• Address Proof of the signatory.
  a. Property Tax Recipt
  b. Rental Agreement/ Electricity Bill with NOC if Rented property

General FAQ – Trademark Registration

Who can apply for Trademark?

Any person or business claiming to be owner can apply for a trademark including:

• Individual
• Company
• Proprietor
• Society

What is trademark class?

How long it will take to get Trademark ?

Trademark application can be filed with the trademark registry in a matter of 1 – 3 days. However, it will typically take 6 to 24 months for the Registrar to complete their formalities and provide registration for the trademark.

What is Trademark validity?

It is valid for 10 years at a time and is renewable indefinitely.