Trademark Registration: Any distinctive expression related to a product or a service to distinguish it from another. It can be a word or a phrase, a photograph, a logo, drawing, combination of colors, a sound, or even a particular smell (although not in India). But most of the organizations would be concerned mostly, if not solely, about registering just their brand name or the logo. Trademark owners shall enjoy the rights to use the marks in classes wherein the mark has been registered (45 classes in total). Under several legislations, a Trademark is regarded as property.
In this trademark registration process, the proprietor can easily establish title to a trademark in the Courts and earn royalties for trademark infringement; they also prevent piracy and stop another company from registering a similar name. You may search for trademarks to see whether your name is similar to some existing one. The TM can be acquired within 3-days in India, but the registration, which gives you a legal right to use the ® sign, might take nearly two years.
WHAT IS A TRADEMARK?
In today’s competitive world, every business has to present with an individual identity. This form of identity could be the brand name, a company name, a logo, or any display or slogan that somehow resonates with the clientele. These are not just visuals or words; the marketing strategy is the face card of your company, so customers will remember you and be able to clearly differentiate your products or services from those offered by another business.
Suppose the hard-work of many years has gone into building a brand-name and a logo so well-known; services become trusted and familiar. Another company comes along and tries to use an identical or similar name or logo to yours. This confuses customers; some might even be convinced to procure from the other company, thereby eating into your revenues, damaging your trust and reputation, and even worse, translating into a financial loss in that some other body is benefiting from your identity without your consent.
™ Indicates trademark for an unregistered trademark.
℠ Indicates a service mark when promoting the brand service.
® Indicates trademark for a trademark that is registered.
Trademark Registration is the process of legally securing this identity under the Trademark Act in India. Once your trademark is registered:
- You become the legal owner of your brand.
- You gain exclusive rights to use it across India.
- You can take legal action against infringement or misuse.
Type of Trademark
Trademarking is not just restricted to a brand name or a logo. Businesses nowadays use whatever can identify them to the consumer-such as words, symbols, taglines, colors, or even sounds- all capable of being trademarked to give you exclusive ownership of a unique identity. Registering a proper trademark ensures that nobody can have the audacity to pirate or demean any part of your brand.
There are two categories into which trademarks are divided.
General trademark – General trademark is further divided into the following types:
- Generic Mark
- Suggestive Mark
- Descriptive Mark
- Arbitrary Mark
- Fanciful Mark
Specific Trademark-Another type of specific trademark is that it includes
- Service Mark
- Certification Mark
- Collective Mark
- Trade Dress
- Trade Name
- House Mark
- Family of Marks
- Sound Mark
- Pattern Mark
- Position Mark
- Hologram Mark
- Multimedia Mark
- Motion Mark
- Logotype
Documents Required for Trademark Registration
In India, to file for a trademark registration, the applicant must furnish certain documents to prove his identity, business details, and ownership of the brand. These documents might undergo slight variations depending on the status of the applicant, whether that of an individual, startup, MSME, or a company, but the set of basic requirements remains the same.
Detailed below is a complete list of the documents:
- Applicant Identification Proof: (Aadhaar, PAN, Passport, Driving Licence, or Voter ID)
- Address Proof for Applicant: (Utility Bill, Passport, Driving Licence, or Voter ID)
- Business Proof: (GST Certificate, Partnership Deed, Incorporation Certificate, or MSME/Udyam Certificate – prepending on the business type).
- Brand Logo: (JPEG/PNG format (optional though preferred if a logo mark is uploaded).
- Power of Attorney (Form TM-48): (Authorizing the trademark agent/attorney to file on your behalf)
- Signature of Applicant/Authorized Person
Procedure for Trademark Registration in India
The entire procedure of trademark registration, though simple, requires an interplay of constitutional laws. A registration trademark ensures your brand name, logo, and tagline are protected under law. Below is the full stepwise procedure:
Step 1: Search of Trademark
A trademark search is made in the government database to ascertain that your brand name or logo is unique and is not already registered by someone else.
Step 2: Filing of Application
If the name/logo is available, an application is filed with the Trademark Registry (Form TM-A). The application will have details of the applicant, type of business, trademark, and class of goods/services.
An application number is issued to track the status.
Step 3: Examination of Application
The Trademark Registrar examines the application. An examination report is issued upon objections being noticed. The applicant is required either to reply to objections or to proceed with a hearing that may resolve objections.
Step 4: Publication in the Trademark Journal
When the application is accepted, the trademark is published in the Trademark Journal for 4 months. During that period, the public can examine it and lodge objections, if any.
Step 5: Opposition (if any)
In case an objection is raised, a legal procedure would be initiated, and evidence shall be presented by both sides for the Registrar to pronounce upon.
Step 6: Registration & Certificate
If no opposition is filed (or if the opposition is decided in your favor), your trademark shall be registered formally and the Registrar shall issue the certificate of Trademark Registration with full ownership and exclusive rights.