What is a trademark?
Trademark registration is a provider of 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 the confusion among consumers. It helps to prevent the illegal use of trademarks by others. Legal dost expertise and guidance will help you to 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 encompasses diverse factors along with symbols, designs, expressions, or any identifiable function connected to a selected brand. Remarkably, logos are open to possession through people, corporations, or criminal entities, making them available to a vast spectrum of entities and people alike.
Why do you need to register your trademark?
Trademark registration prevents duplication of brand elements, symbols, and logos making your business identity protected. These trademarks separate your goods and services from other businesses. Trademarks provide a legal framework for your company’s uniqueness.
Who can register for trademark registration?
There are plenty of categories that can apply for trademark registration, including:
- Individuals
- Joint owners of a company
- Proprietorship firms
- Proprietorship 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:
Pattern Trademark
A Pattern Mark is a type of trademark that consists of visibly distinct patterns, and designs except for letters, words, or numerals. A Pattern Mark is known for its unique design that helps distinguish products or services from a particular source, making them stand out from the rest.
Certification Trademark
A certification mark shows that whether products or services met established standards by certifying the organization. This mark gains consumers’ confidence concerning the quality, origin, and other attributes of the goods or services.
Collective Trademark
A collective mark shows the exclusive traits of products or services that are linked to a specific group. It helps people or organizations to promote their products with security.
Service Trademark
Service trademarks are utilized to differentiate services instead of products. They play a proficient role in distinguishing one service provider from another.
Product Trademark
Product trademark is attached to products or items, assisting in distinguishing their source and shielding a firm's credibility.
Label Trademark
This type of trademark encompasses the safeguarding of the label or packaging of any product that is unique and easily recognizable.
3d Trademark
A three-dimensional trademark that employs the three-dimensional form of a product or its packaging to attract attention in the market.
Different Trademark Classes for Trademark Registration
For the categorization of goods and services, there are 45 different classes available. Every class represents a different category. Make sure you choose your classes wisely because they will impact the validity of your trademark registration for your business offerings. Some of the well-known trademark categories in India are:
Class 9
Encompassing Computer Software and Electronics
Class 25
Covering Clothing
Class 35
Involving Business Management and Advertising
Class 41
Incorporating Education and Entertainment
Documents Required for Trademark Registration
The submission of the subsequent documents is required for trademark registration
- Image of the trademark
- Power of Attorney
- User affidavit
- TM-A form
- ID proof of the applicant along with the Address
In addition to the paperwork, to begin the process of registering a trademark online in India, you will need to provide the following initial information:
- Applicant’s Name:
The individual, company, or organization that is applying to register a trademark.
- Type of Business:
Specify the type of business organization, such as a private limited company, partnership, MSME, startup, or sole proprietorship.
- Business Objectives:
Provide an overview of the nature of your company’s business and operations under the trademark.
- Brand/Logo/Slogan Name:
Clearly state the name, logo, or slogan that you intend to trademark.
- Registration Address:
Furnish the official address of the organization that is submitting the trademark application.
- Prior User Date:
If the Applicant has been using the brand name before the trademark application date, please include supporting documents to strengthen your case.
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FAQ’s on Trademark Registration
- 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.
In India, trademarks are governed primarily by the Trademarks Act, 1999, along with the Trademarks Rules, 2017.
Trademark protects brands while copyright Protects creative works.
Trademark:
- Protects brand identity.
- Prevents confusion among consumers.
- Covers logos, names, symbols.
Patent:
- Protects inventions.
- Grants exclusive rights.
- Covers processes, machines, compositions.
In India, trademark protection is granted through registration with the Controller General of Patents, Designs and Trademarks. Registered trademarks receive exclusive rights and legal protection against unauthorized use. Owners can take legal action against infringement and seek civil remedies or criminal penalties.
Trademark registered in India is valid for 10 years from the date of filing of an application. However, the trademark can be further renewed.
Yes, foreign entities and individuals can register trademarks in India. However, there are certain requirements and procedures that foreign applicants need to adhere to.
Both the symbols have relevance at different stages of the trademark application and have different implications. The ® sign can be used after a business’s trademark has been registered successfully. In contrast, the TM symbol may be used in cases where a trademark is still being processed for a particular service or product.
Below are some examples that are prohibited –
- Marks that are likely to deceive or cause confusion, or are contrary to public order, morality, or any law, cannot be registered as trademarks in India.
- Additionally, marks that are identical or similar to well-known trademarks or geographical indications may face restrictions.
- Further, generic terms, common words, descriptive phrases, deceptive marks, and those against public morality or order.