Overview

Trademark registration provides remarkable benefits to businesses in making and protecting their brand in the market. It is a distinctive sign or indicator that is used by any individual, company, or any other legal organisation to establish that certain products or services exclusively belong to them.  

What Is Trademark Registration?

A trademark is a unique name, design, or combination of both that give a distinct identity to your products or services in competitive market. It can be registered with the Intellectual Property Office of the Government of India. In order to recognise and register a trademark in India, ensure that it is not identical to any existing trademark in the country. Trademark registration must get approved by the intellectual property authorities. Section 18(1) of The Trade Marks Act of 1999, specifies about the eligibility to file a trademark application.

Types of Trademarks Registrations in India

In India, trademarks are divided into several types based on their nature. Types of trademarks include:

Word Marks: These are trademarks that are created only of words, letters, or numbers. Word marks are unique words or names that are used to denote a product or service. Some of the examples of word trademark registrations are Nike or Coca-Cola.

Logo Marks: These are kinds of trademarks that consist of a mix of graphic aspects, symbols, or logos. They can include illustrations or stylized text. Examples are the "Apple" logo or the "McDonald's" golden arches.

Combination Marks: These trademark registrations are a combination of words and logos. The union of text and graphics serves to differentiate the product or service. Some examples are the "Pepsi" logo, where the word "Pepsi" is followed by a distinctive design.

Slogans: A memorable phrase or a tagline employed by a company to express a specific message or brand image. For instance, "Just Do It" is a trademark registration of Nike.

Shape Marks: These are the unique shape of a product or packaging. A classic example is the special shape of the "Coca-Cola" bottle.

Colour Marks: These are certain colours or combinations of colours, which identify a brand. For example, the "T-Mobile" or "Cadbury" use purple colour.

Sound Marks: These are sounds that identify a brand. A classic example of sound trademark registration is the "Intel" chime.

3D Marks: These are goods or packaging in the form of three-dimensions, like the shape of a "Toblerone" chocolate bar.

These different forms of trademarks help companies in protecting their intellectual property and distinguishing their products or services from those of other companies in the market.

Benefits of Trademark Registration Online

Exclusive Right: Owner of a registered trademark has many selective rights. He can use it for any item that falls under the specified category in the application. It prevents other companies from marketing similar services or products using identical trademark.

Protection against Infringement: Trademark registration gives protection against an infringement by any third party who uses the same trademark without getting permission from the owner. An infringement is defined as a usage of a trademark that seems to similar or identical to the original one by an unauthorized person to advertise goods and services which come under the same category of services or products under which the original trademark is granted.

Building Brand: A trademark registration tells to the consumers about the brand value of company, its net worth and goodwill in the market. Once a product get associated with a trademark, consumers will start to consider the product with a certain standard of quality level in the market. Hence, a trademark registration will increase the image of a product in the market by increasing consumer confidence.

Enhance customer Base: Trademark registration services also help in the business expansion of the company by attracting new consumers. A positive perception is cultivated around the company’s trademark, thus attracting more clients and consumers.

Documents Required For Trademark Registration Online

Essential documents for trademark registration are listed below, for a partnership firm,

Form TM-A

LOGO (graphical representation)

Power of Attorney (POA)

MSME Certificate, if applicable;

Start-up Recognition Certificate (DPIIT), if applicable

Partnership Deed / Registration Certificate

Details of Trademark Owner

User Affidavit

Documents needed for Company/LLP

Form TM-A

Certificate of Incorporation

Power of Attorney

LOGO (graphical representation) is essential for Trademark Registration

MSME Registration Certificate, if applicable

Start-up Recognition Certificate (DPIIT), if applicable

Details of Trademark Owner

User Affidavit

Documents Required For Sole Proprietor

Form TM-A

LOGO (graphical representation)

Power of Attorney

Details of Trademark Owner

User Affidavit

Step-Wise Trademark Registration Process in India

We are mentioning below the step-by-step process for Trademark Registration in India

Trademark Search: Before filing a trademark application, you must conduct a detailed research to ensure that your proposed trademark is not identical to any existing trademarks in the database of the Indian Trademark Registry. It helps avoid future conflicts and objections during the time of Trademark Registration.

Trademark Application Filing: After conducting a trademark search, you can proceed to file a trademark application with the help of a trademark registration company in India. It can be filed online through the official website or by submitting a physical copy of the application to the concerned Trademark Office. 

Scrutiny by the Trademark Office: After filing the trademark application, it will get examined by the Trademark Office to ensure compliance with the relevant laws and regulations of the government. The examination process usually involves distinctiveness analysis, legal aspects of trademark registration, and eligibility of the proposed trademark. 

Trademark Journal Publication: If the Trademark Office accepts the application, the proposed trademark will be published in the Trademark Journal for public scrutiny and possible opposition by third parties. The publication period permits interested parties to oppose the trademark registration if they think that it is an infringement upon their existing rights.

Registration and Issuance of Certificate: If no one files opposition during the publication period or opposition proceedings get resolved in favour of the applicant, the trademark is registered, and a registration certificate will be issued by the Trademark Office. The trademark registration certificate works as conclusive evidence of ownership and provides the exclusive right to use the trademark in relation with the specified goods or services to the owner.