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Trademark Registration in India: Explained
Trademark registration in India is essential for entrepreneurs or companies aiming to safeguard their brand. A trademark is a unique sign that is used to recognize goods and services from a specific individual/company. A Trademark can be in the form of pictures, designs, words or even expressions. A trademark is considered an essential object as it helps differentiate your products from other competitors and gives an identity to your products and services.
Unlike physical property, such as real estate, jewellery or cars, Intellectual properties, i.e., creation of mind, are intangible. Trademarks are one of the examples of intellectual property, and certain measures are required to protect their infringement. Trademark registration, protection, and enforcement in India are regulated by the Trademark Act, 1999 and The Trademark Rules, 2003 and 2017. In this day and age, having your trademark registered is of vital importance as it provides certain essential protections from misuse of your brand. An application for Trademark Registration can be filed online by a Trademark Attorney and Corpbiz can prove to be a wise ally in the entire process of Trademark registration. ..
What can and cannot be Registered as a Trademark?
The Trademark laws provide absolute and relative grounds for refusal of a Trademark Application. For a trademark to be registrable, it must be distinctive in nature, i.e., it must be capable of distinguishing goods and services of one from another. Descriptive words are not registrable unless they have acquired secondary meaning. Marks which are similar to existing marks, or has potential to mislead the public, are not registrable. Marks likely to hurt religious sentiments or considered immoral by a section of the Citizens are also not registrable.
If the mark contains scandalous and obscene matters, it cannot be registered. Marks containing exclusively of kind, quality, geographical origin of the goods and services cannot be registered as well.
Why Should You Register Your Trademark in India?
Registering your trademark in India is crucial for several reasons-
In the competitive business landscape, where brand reputation is of enormous significance, registering your trademark in India helps you safeguard the long-term success of your business.
Who can Apply for Trademark Registration in India?
The list of individuals and entities who can apply for trademark registration certificates is as follows:-
Trademark registration gives brands a sense of security, which helps them execute their business more confidently.
Required Documents and Details for Trademark Registration in India
The necessary documents for trademark registration are listed below:-
1. Applicant's Details 2. Trademark DetailsDetailed information on how the trademark will be used for goods and services of a business, as per the class of the services/goods.
3. Power of AttorneyA signed Form TM-48 or power of attorney is required in case the trademark is being filed by a trademark agent or attorney.
4. User AffidavitIf the trademark has been in use prior to the application, an affidavit stating the date of first use, along with the evidence for such use, is to be submitted.
5. Legal Entity ProofWhen a business applies for a trademark, they have to produce a registration certificate or business incorporation certificate as legal entity proof.
6. Authorization LetterWhen the application is filed with the help of an authorized agent or representative, then an authorization letter on the company's letterhead is also required for a Trademark Application to be filed.
7. Objective of the BusinessA summarized form of the business's objectives regarding trademark registration is also required. The objective includes what the business stands for and does in its operations.
8. Logo/ Slogan/ BrandAny logo, slogan, or brand name for which you wish to receive a trademark has to be filed clearly and without discrepancies
9. Business Address ProofProof of the business's address must be submitted with an application for trademark registration.
In addition to this, here is a list of all the necessary papers required by different business entities for the process of trademark registration.
Private Limited Company
Here is the list of necessary papers required for trademark registration by a Private Limited Company
Limited Liability Partnerships
Here is the list of necessary documents required for trademark registration by a Limited Liability Partnership.
Trusts
Here is the list of necessary papers required for trademark registration by a trust.
Partnership Firms
Here is the list of necessary papers required for trademark registration by a Partnership Firm.
Sole Proprietorship Firm
Here is the list of necessary papers required for trademark registration by a Proprietorship Firm or a proprietor.
Challenges in Trademark Registration
Trademark Registration in India is governed by the Trademarks Act, 1999 and the Trademark Rules, 2003 & 2017, and one may have to navigate through quite a few challenges in the entire process of Trademark Registration.
1. Careful Examination
It is important to note that the Trademark Registry in India conducts a very thorough examination of the Trademark Applications they receive. Many individuals and businesses struggle to meet all the required criterias; or fail to understand the nuances of Trademark; hence, it becomes challenging for them to get a Trademark Registered successfully. Corpbiz can assist you in making sure that your application adheres to all the criteria set by the Trademark laws and that there are no ambiguities or contradictions in your Trademark Registration Application.
2. Identical Marks
Suppose you file a Trademark Registration application for a mark that is very similar to an already existing Trademark. In that case, there are chances of objections and oppositions to your Trademark Application. A Trademark Application will also be objected to and rejected if the absolute grounds of refusal apply to it. Corpbiz can help you make sure that you file a Trademark Registration Application for a unique trademark having all the essentials of a valid trademark so that there are no objections or oppositions and your trademark gets successfully registered.
3. Opposition Proceedings
A third party may file an opposition to your Trademark after your trademark gets published in the trademark journal. There can be numerous grounds to file an Opposition to the registration of a Trademark. The applicant is required to file a Counterstatement within two months when an Opposition is filed against his Trademark Application, or the application will be deemed abandoned. Corpbiz can assist you with its team of 5000+ lawyers to make sure that all of you receive the correct legal expertise for the counter statements to be filed.
4. Improper Trademark Search
It is always prescribed that a thorough trademark search be conducted to verify a trademark's uniqueness before filing a trademark registration application. This can prove challenging for many individuals and businesses as it is a very time-consuming process and requires an eye for detail. Corpbiz provides a comprehensive trademark service, including searching for a Trademark and successfully getting a Trademark Registration Certificate.
5. Classification of Goods/Services
Trademark laws in India have classified Goods and Services into 45 different Classes. It is crucial to properly identify the Trademark Class before making an Application for Trademark Registration. Most of the 45 Classes are totally different from one another, and trademark registration is highly dependent on this classification. It can prove to be challenging for many businesses. Corpbiz has a dedicated team of Trademark Prosecution experts who are well-versed in Trademark laws and experts in classifying goods and services.
6 .Necessary Requirements
It is important to ensure that all formalities related to record keeping and paperwork are met. Newly registered trademark owners must ensure that they maintain all the records and apply any amendments required for the same. Many people struggle to maintain proper records, and that is where Corpbiz steps in, as we can provide expert assistance.
What is the Trademark Filing Process in India?
The process of trademark registration in India is a systematic procedure governed by the Trade Marks Act of 1999 and the Trademarks Rules of 2003 and 2017. The procedure involves several steps. Now that we know the necessary documents that are required for the filing of trademarks, let's take a look at the process of trademark registration.
1. Trademark Search
When a person wishes to file a trademark, it is always advised that a thorough and comprehensive search for the trademark is done to ensure that the trademark is unique and has not been in use by a third party. This step is particularly essential if a person wishes to have a smooth Trademark Registration Process and avoid any legal repercussions in the future.
2. Filing the Application
The next step is to file the Trademark application. The application for trademark registration is submitted to the Trademark Registry. It includes details about the applicant, a graphical representation of the trademark, and a description of the class of goods or services associated with the trademark.
3. Examination by the Trademark Office
In order to ensure all the legal compliance and requirements are met, the Trademark office examines the application to make sure that there is no conflict involved with an already existing Trademark and that the absolute grounds of refusal do not apply to it. If the Trademark Registry finds that the mark is not registerable, it will issue an objection, and the applicant will have to file a reply to the objections within one month, or the application will be considered abandoned.
4. Trademark Objection
Once the trademark is applied for registration, it can be objected by the examiner on various grounds. It happens during the initial stage of the trademark registration process. An objection raised by the examiner does not mean rejection of the Trademark Application. By way of raising objection, the registrar seeks further clarification or explanations about the legal validity of the trademark. When an objection is raised by the examiner, the status of your Trademark Application will show as ‘Objected’.
When the objection is received, the applicant must file a comprehensive reply, supported by legal precedents, within a month, or the application will be deemed abandoned.
5. Publication in the Trademarks Journal
Once the Trademark application clears the examination stage, it is published in the Trademark Journal. If any third party wishes to file an opposition to the trademark, they can do so within four months from the date the registration application is advertised in the trademark journal by giving a notice in Form TM-O and paying fees to the Trademark Registry.
6. Opposition Proceedings
In case of opposition, evidence is submitted by the opposer and the applicant. The parties may also request a hearing, and the Registrar makes a decision to either register the trademark or dismiss the application based on the arguments and evidence presented.
7. Registration Certificate
When the process is complete, the trademark registry issues a Trademark Registration Certificate. With the issuance of a Trademark Registration certificate, the Proprietor of the Trademark gets an exclusive right to use the Trademark in relation to the Goods or Services in respect of which the Trademark is registered.
8. Trademark Renewal
A trademark registration remains valid for ten years from the date of registration but may be renewed from time to time. Renewals should be filed before the date of expiry of the trademark.
Types of Trademark Symbols and Its Meaning
“™” SYMBOLIf you have already made an application to the trademark registry for registration of your trademark, you can use ™ symbol with your unregistered trademark. It does not provide any statutory protection to the applicant from potential infringement. However, it acts as a deterrent to the competitors in having similar mark by intimating them that the trademark is in process of getting registered.
“SM” SYMBOLIt denotes a Service Mark. Generally, a business owner can use the SM symbol while providing services, as opposed to selling of physical goods. The SM symbol, like the ™ symbol, is used for unregistered trademarks and have no statutory protection against any potential infringement.
“®” SYMBOLIt means that the trademark is officially registered with the Trademark Registry and its proprietor has the exclusive right to use the mark on goods or services in relation to which it is registered. The proprietor of the trademark gets statutory right to initiate legal proceedings against any unauthorised use of the trademark.
The Vienna Codification Process
It is the international classification of the figurative elements of marks. When a trademark application is for figurative elements/logo/design/device, then in all such cases, it is assigned to Vienna Codification. The Vienna Codification system helps in comparing your applied trademark application with that of already existing registered trademarks so as to avoid duplication in the registry.
Govt. Fee Payable
|
On what Payable |
Amount in INR |
|
|
|
For Physical Filing |
For E-filing |
|
Application for registration of a Trademark |
|
|
|
Where the applicant is an Individual/Startup/Small Enterprise |
5,000 |
4,500 |
|
In all other cases
|
10,000 |
9,000 |
|
(Note: Fee is for each class and each mark) |
||
|
To file a Trademark Opposition
|
3,000 |
2,700 |
|
To file a Counter-statement
|
3,000 |
2,700 |
|
For Renewal of registration of a Trademark |
10,000 |
9,000 |
Different Types of Trademark Registrations in India
There are various forms and categories of Trademarks; here is a list of all the major trademarks recognized in India.
1. Word Marks
When a trademark consists of numbers, words or letters, they are known as word marks. A word mark is used to recognize a brand through a specific combination of letters, numerals, etc.
2. Device Marks
Device marks involve the use of logos, symbols, emblems, or any other geographical representation that serves as a distinctive sign of the brand. These marks often include stylized designs.
3. Combination Marks
A combination mark included both words and graphical attributes in the design. This kind of trademark generally deals with creative graphics along with brand names in distinctive fonts.
4. Service Marks
They are essential to differentiate between a service and a tangible good associated with a brand. This kind of trademark is given to businesses that provide services to their customers.
5. Shape or Goods or Packaging
Trademarks can also be registered for the shape of goods or their packaging. This is common in industries where the shape of the product or its packaging is distinctive and associated with a specific brand.
6. Sound Marks
They are used to represent the sounds associated with a brand. The sounds can be in the form of jingles, tunes, etc., that helps a customer recognize a brand.
7. Color Marks
These types of trademarks are used to distinguish a brand with the help of colours by using colours as a distinctive feature of a brand.
8. 3D Marks
3D or three-dimensional marks are trademarks that include the configuration or shape of the goods. It is generally given to a good with a unique shape that is not commonly witnessed in the market.
9. Collective Trademarks
Collective marks are trademarks used by members of an association or a group to indicate a common origin of goods and services. These are often used by organizations or cooperatives.
10. Certification Marks
Certification Marks are used to certify that the goods and services are as per the set standards by the regulators. These are given by certifying authorities like BIS, ISI, etc.
Different Classes of Trademarks in India
Trademark classes are essential as they are used to identify and verify the class of products and services. There are a total of 45 classes of trademarks in India. It's essential to select the class of trademark as it decides the validity of your trademark registration certificate related to the products and services for your business. When a business operates across different classes, it is important to apply under all relevant classes.
International Trademark Classification of goods and services are known as NICE classes. In India, the trademark classification follows the international classification system as per the NICE agreement. It consists of 45 classes, including 34 classes for goods and 11 for services; in short, Indian trademarks are distinctly classified into 45 classes. The classes are segregated into two major categories
Goods Classes (1-34)
This class includes a wide range of tangible goods, which include chemicals and machinery (Class 1), pharmaceuticals and medical devices (Class 5), furniture and musical instruments (Class 20), etc.
Service Classes (35-45)
This class includes a wide range of services offered by a business, including services for advertisement and business management (Class 35) etc.
What is Trademark Registry?
The trademark registry is a governmental body that is responsible for the registration and administration of trademarks in the country. It comes under the Ministry of Commerce and Industry. The Controller General of Patents, Designs and Trade Marks heads the TRADE MARKS Registry offices and functions as the Registrar of TRADE MARKS. The registry plays an important role in facilitating registration and administration of Trademarks in India.
The major functions of a trademark registry are written below:-
Trademark Registration Procedure in India
The steps to apply for trademark registration online are mentioned below:
The steps to apply for trademark registration online are mentioned below:
Trademark Registration: Post Registration Compliance
When an individual successfully gets a trademark registration certificate and consequently gets the trademark rights, they have to make sure that they adhere to the post-registration compliances associated with the same. Here are some of the compliances they have to look out for:-
1. Renewal
A trademark is valid for ten years from the date of registration. Once it is nearing its expiration date, it's crucial to renew it.
2. Use of Trademark
If a person does not use the trademark for goods and services associated with it, the trademark may be canceled. Hence, it is crucial to continuously use the trademark.
3. Record Changes
If there's any change in the ownership of the trademark or any detail is changed, then the trademark registry has to be informed.
4. Assignment and Licensing
When the ownership of the registered trademark changes or limited rights over the registered trademark is assigned to a third party, documents evidencing such transfer or assignment must be filed with the Trademark Registry.
5. Protection Against Infringement
The proprietor of the trademark has to monitor the market in case there is a chance of any infringement and take steps to prevent dilution and infringement of the trademark.
6. Enforcement
If the proprietor of a registered Trademark learns of any breach or infringement of his trademarks in the market, the proprietor has the right to send a cease and desist notice, seek damages, and initiate legal proceedings against the person or business that has infringed the trademark.
How will Corpbiz Help with the Trademark Registration Process?
Corpbiz provides comprehensive support that begins with a thorough trademark search to ensure the availability of the proposed mark and its uniqueness. Our experts will guide you in the process of necessary document preparations and will also help you file the trademark application. We are equipped with a team of 5000+ lawyers who can handle any legal support required in the process of trademark registration. Our experts will also make sure that all the requirements of Trademark laws are met and that the registration process takes place without any hassle. Our team of experts are well-versed in intellectual property laws and has successfully served more than 1500+ customers. All you need to do is call us, and we will ensure all your trademark registration needs are met.
Our services include:
1. Filing Trademark ApplicationCorpbiz streamlines the process of filing Trademark Applications, providing expert assistance in preparing and submitting the necessary paperwork.
2. Necessary AssistanceCorpbiz's expert guidance and diligent support in the preparations and submission of required documents facilitate the protection of your brand.
3. Publication and OppositionCorpbiz excels in guiding individuals and businesses through the crucial stages of Trademark Publications and oppositions to ensure smooth processing.
4. Trademark CertificateCorpbiz specializes in the procurement of trademark registration certificates. Our experts ensure proficient handling of necessary documentation to secure official registration.
5. Trademark Watch ServicesCorpbiz officers also provide vigilant trademark watch services, employing advanced monitoring mechanisms to safeguard your brand proactively and indefinitely.
All a person needs to do is
What are the Benefits of Trademark Registration in India?
There are various benefits associated with trademark registration in India; some of them are listed below:-
1. Exclusive Rights
Trademark registration gives exclusive right to the proprietor of the trademark to use the trademark on his goods or services in relation to which it is registered.
2. Legal Protection
Trademark registration acts as a legal asset that provides legal protection against unauthorized use.
3. Brand Recognition
A trademark registration enables a brand to gain recognition, which enhances the brand's visibility.
4. Asset Value
Trademark registration also enhances the brand's overall value.
5. Lesser Chance of Infringement
When a brand receives a trademark registration certificate, it helps reduce the chances of infringement.
6. Global Protection
International trademark registration can be pursued through the Madrid Protocol, providing protection in multiple countries with a single application.
7. The ® Mark
The mark is given only to an individual or any business in India that holds the trademark ownership. This acts as a symbol of credibility. Legal consequences are applicable to anyone who uses the mark illegally.
Whether a Trademark Registered in India is valid in other Countries?
Trademark registrations in India are granted on a territorial basis, and therefore, the effect of registration would remain only in India. A trademark registered in India is not valid in other countries. Generally, business houses file trademark applications in numerous countries separately, where they seek trademark protection. However, certain agreements have come up which allow trademarks registered through an organisation to become effective in various countries.
What is the Madrid Protocol?
The Madrid Protocol is a system of International trademark Registration that provides individuals and businesses with a convenient one-stop solution for registering their trademarks and protecting their brands in multiple countries.
How to register Trademark Under Madrid Protocol?
You may file an international trade mark application under the Madrid system if: (i) you are a national of India, or you are a natural person or legal entity domiciled in India, or you have a real and effective industrial or commercial establishment in India, and (ii) you have a “basic mark” in India, which means that your mark has already been registered or applied for protection in India at the India Trade Marks Registry. Corpbiz has a dedicated team of International Trademark Prosecution experts who are well-versed in global IP laws and can help you register a trademark under the Madrid Protocol.
Copyright vs Trademark vs Patents: Difference
1. Copyright
Copyright in India refers to the legal protection granted to the creators of original literary, artistic, and intellectual works. Copyrights are governed by the Copyright Acts of 1957 and protect the rights of authors, artists, musicians, etc, by giving them exclusive rights to their creations.
2. Trademarks
A trademark is a distinctive sign or symbol that represents the identity of goods and services and enhances the brand image as unique and identifiable. Trademarks are governed by the Trademark Act of 1999 and play an important role in protecting the intellectual properties of businesses and individuals.
3. Patents
Patents serve as crucial legal mechanisms to protect innovations and inventions. Patents are governed by the Patent Act of 1977. Patents are made to appreciate and reward the innovators who contribute towards the development of technology as well as the industry. They give the owner exclusive rights to use, make, and sell the product for a period of time.
Frequently Asked Questions
You can register your trademark in India by creating an account on the registration portal and following the steps. The process of trademark registration is mentioned above.
For a startup or an MSME, the trademark registration cost is around Rs. 4500/-. All the other remaining entities have to bear a cost of Rs. 9000/- to register their trademarks.
The best time to register your trademark is right after you incorporate your company. The Office of the Registrar of the Trademark oversees the entire process of trademark registration.
Some of the crucial requirements for registering a trademark are listed below:
- Trademark Search
- The uniqueness of the Trademark
- Business incorporation
- Logo, brand name, slogan, etc.
A brand whose logo, slogan, or name may or is likely to hurt the sentiments of people or is scandalous or obscene is prohibited from applying for a trademark.
Any person who has a business in the form of any entity like- LLP, Private Limited Company, etc. or is the owner of a trust, NGO, etc., can register a trademark.
Two requirements for Trademark Registration are:-
- The mark must be made in such a way that it can be represented in a graph.
- It should be capable of differentiation from the goods and services of one undertaking.
Anyone can use the symbol TM, even if the person has successfully registered the business or not.
Yes, you can register your trademark yourself. All you need to do is go to the online trademark registration portal, fill in the essential details, and upload the Documents.
Marks that are considered 'Fanciful' in the market are considered the best type of trademark
The cheapest way to trademark a logo is by registering for a trademark online.
Yes, you can use the TM mark in your logo in India.
The steps to register a brand logo are:-
- Trademark Search
- Application filing
- Trademark Examination
- Trademark Publication
- Registration Certificate
The validity of the trademark in India is ten years from the date of registration.
Any trademark which uses religious texts or religious symbols and can hurt the religious sentiments of a person cannot be registered in India.
A good trademark is a trademark that can be easily spelt, easily spoken, and easily recognizable.
Absolutely, the entire procedure of registering a company in India is done online. The Central Registration Centre (CRC), a dedicated back office for the Company and LLP Registration process, processes papers filed electronically through the MCA website for company registration and other regulatory filings.
Yes, A Listed Company or a Company with More Than 1000 Shareholders Should Maintain Records in Electronic Format, according to Rule 27 of the Companies (Management & Administration) Regulations 2014. Nonetheless, throughout their existence, all other Companies must keep statutory Documents in the form of registers, minutes, etc.
The following are a few circumstances in which a name falling into one of the categories listed below will often not be made available, per the MCA Guidelines on Company:
- It is inconsistent with the main goals of the business, as stated in its memorandum of association. This does not imply that all names must be descriptive of their subjects. Yet, if the name contains any hint of a business, it ought to be in line with its goals.
- The primary business of the company is finance unless the name specifically refers to one or more specific financial operations, such as investments, loans, etc.
- It contains any word which is unpleasant to any segment of people.
- The proposed name is exactly a Hindi translation of the name of an existing company in English, notably an existing company with a reputation.
- The proposed name is phonetically similar to the existing company's name.
- It contains words like "co-operative" or words corresponding to this phrase in the regional languages of the nation; the name is simply generic, such as Cotton Textile Mills Ltd. or Silk Manufacturing Ltd., rather than specific, such as Calcutta Cotton Textiles Mills Ltd.
After the registrar has examined all the paperwork and made the required modifications to the MOA and AOA, a Certificate of Incorporation is a Document that officially recognizes the existence of the companies. Both Public Limited Companies and Private Limited Companies receive Certificates of Incorporation. A public company with a share capital cannot start doing business until it has received a Certificate of Commencement, which is issued after receiving a Certificate of Incorporation. Private companies, however, are exempt from this requirement and may start operating as soon as they receive their Certificate of Formation.
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