What is a trademark?
Trademark registration provides legal rights for securing your particular symbol, logos, marks, etc. In the business sphere, it is necessary to protect your brand’s elements that bring clarity to consumers and prevent illegal use by others. Legal Dost’s expertise and guidance help shield your brand’s uniqueness concerning legal terms.
Following the Indian Trademarks Act of 1999 (Section 2(zb)), a trademark is a unique marker that distinguishes services or products from competition in the market. It can cover symbols, designs, expressions, or any identifiable function connected to a selected brand. Logos can be owned by people, corporations, or entities, making them available to a vast spectrum of people alike.
Why do you need to register your trademark?
Registration prevents duplication of brand elements, symbols, and logos, keeping your business identity protected. Trademarks separate your goods and services from other businesses and provide a legal framework for your company’s uniqueness.
Who can register for trademark registration?
- • Individuals
- • Joint owners of a company
- • Proprietorship firms
- • Partnership firms
- • Limited Liability Partnerships (LLPs)
- • Indian organisations
- • Foreign organisations
- • Trusts & Societies
Types of trademarks
Trademark registration offers multiple types for protecting intellectual property rights, including:
Different Trademark Classes for Trademark Registration
For goods and services categorization there are 45 different classes. Each class represents a distinct category; choose carefully because it impacts the validity of your registration.
Documents Required for Trademark Registration
- Image (logo) of the trademark
- Form-48 / Power of Attorney
- User affidavit (if any)
- TM-A form
- ID proof of the applicant along with Address
Initial Information Needed:
- 1) Applicant’s Name: Individual, company, or organization applying to register a trademark.
- 2) Type of Business: Pvt. Ltd., partnership, MSME, startup, or sole proprietorship, etc.
- 3) Business Overview: Nature of business and operations under the trademark.
- 4) Brand/Logo/Slogan Name: State the name/logo/slogan intended to trademark.
- 5) Registration Address: Official address of the organization submitting the application.
- 6) Prior User Date: If using the brand before application date, include supporting documents.
FAQ’s on Trademark Registration
What are different types of trademarks that may be registered in India?
- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols
- Monograms
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented.
Which law govern trademarks in india?
How trademark is different from copyright?
How does trademark protect in India?
How long does trademark registration last in India?
Can foreign entities or individuals register trademarks in India?
What is the difference between ® and TM in India?
Are there any limitations on the types of marks that can be registered as trademarks in India?
- Marks likely to deceive or cause confusion, or contrary to public order, morality, or any law.
- Marks identical/similar to well-known trademarks or geographical indications.
- Generic terms, common words, purely descriptive phrases, deceptive marks, or those against public morality/order.
