When you are starting your company, registering your mark is crucial. In a competitive market, brands need to register their trademark. It helps the customer distinguish the brand from its competitors. A brand can trademark anything they want. It can be the packaging like Coca-Cola bottles, or jingles, or the sign like the Nike Swoosh sign, and many others.
What is trademark?
Trademarks are the distinctive and unique mark that a brand uses to distinguish itself from its competitors. Trademark can be symbols, images, designs, or even words and phrases. The headquarters of the Trademark Registry is located in Mumbai. It also has its offices in New Delhi, Chennai, Kolkata, and Ahmadabad. After registering the trademark, it becomes the intellectual property of the company. The Trademark Act of 1999 protects all the rights of the registered trademark.
How to Register a Trademark?
Business owners can easily get their trademark registration either from the IP India Portal or from the physical office of the Trade Mark Registry. Below is a list of the steps involved for getting their trademark registered
Step 1: Choosing a trademark for registering:
The first step for getting your trademark registered is to choose a mark that will represent your brand. The applicant needs to make sure that the mark is unique and different from others. If there is a similar mark already registered, then the owner cannot register their trademark. There are a total of 45 classes under which your trademark will be categorized.
Step 2: Mark Search:
After choosing your mark, you need to know whether the mark is available or not. To do that, you need to do a thorough search. You can do it from the IP India portal. When searching, if the portal shows “matching mark” it means that a similar mark is already registered under the Trademarks Act, 1999. If someone faces any difficulty, they can easily seek legal help from a trade mark agent or any trademark attorney.
Step 3: Filing Application:
This is the most important step in the process of getting your trademark registered. You can apply for your trademark from both the IP India portal as well as from the Office of Trade Marks registry. It is better to register your trademark online as the Trade Mark registry office is available only in a few cities. The proprietor can either apply by himself or seek help from an agent to do so. After applying, the proprietor will instantly get a confirmation mail.
Step 4: Analyzing the process of brand application:
After the owner or proprietor has applied, the trademark registrar will conduct a thorough and detailed examination. After examining, if the registrar finds everything is all right, then they will proceed further with the application.
Step 5: Trademark Objection:
After going through the documents, if the registrar finds any misinformation or a similar mark, he will object to the trademark. Trademark objection means the owner or proprietor is given a chance to correct their information or change their mark. The registrar will communicate the objection to the applicant mentioning a hearing date. On that date, the applicant will be given a chance to justify why their trademark should be registered. If the registrar is satisfied, he will proceed with the application.
Step 6: Publishing the Trademark:
The trademark registrar will publish the proprietor’s trademark in the Trademark Journal of India. After publication, 4 months will be allotted for someone to oppose. After the successful completion of 4 months, if there is no opposition, the registrar will proceed with the next step.
Step 7: Trademark Opposition:
This step is applicable if a third party opposes the trademark. If this happens, the registrar will provide the owner with a notice mentioning the opposition. The owner/proprietor needs to reply to the opposition within 2 months of receiving the notice. If the owner fails to do so, then the trademark application will automatically get rejected.
Step 8: Hearing trademark Opposition:
This step is applicable if a third party opposes the trademark. After receiving the reply the registrar will send a copy of the reply to the third party who has opposed your trademark registration. Following that, both the parties will have to submit proofs that will support their case. The registrar will fix a date of hearing. After understanding the motive of both the parties, the registrar will either accept the trademark application or reject it. If the trademark application gets accepted, then the registrar will issue a registration certificate.
Step 9: Getting the trademark registration certificate:
This is the last step of trademark registration. If no one has opposed or if the trademark got approved in the hearing, the registrar will pass the trademark. Finally, the registrar will issue a trademark registration certificate. Now the owner can use the trademark symbol ®and brand name.
Documents Required for Applying Trademark
When an owner registers the trademark of their business, they automatically save themselves from facing any unwelcome issues or lawsuits. Before 2017, applying for a trademark was a tiring and hectic process. After 2017, the government has made trademarking a lot easier and simple. Online Legal India is a popular brand that helps people in applying for a trademark. It saves your time, and simplifies the whole process.
With this simple process, entrepreneurs can now easily get their brand trademarked within a few months. One should keep in mind that nobody should ask for original documents while they are applying for a trademark. Only scanned copies are required. Below is a list of documents according to the size of the business that one should keep handy while applying for trademark registration.
Applicant Type | Required Documents |
Proprietorship |
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Company |
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Partnership Firms |
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Trusts |
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Limited Liability Partnerships (LLPs) |
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Individuals |
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Trademark registration Fees
Below is the detailed list of the fees applicants need to pay for getting their trademark registered.
Business Type | Online Fees | Offline Fees |
Big corporates, businesses | Rs.9000 | Rs.10,000 |
Individuals, Small entities, startups | Rs.4500 | Rs. 5000 |
Benefits of Trademark Registration
After registering, the owner or proprietor becomes the official owner of that particular mark. A company enjoys several benefits when it gets its trademark registered. Few of them are listed below:-
Exclusive usage rights:
After registering, the owner or proprietor gets one of the most important benefits that is the exclusive right over their trademark. If a third party creates a mark similar or close to the owner or proprietor’s registered trade mark, the owner can file a lawsuit against them.
Good image of the company:
Once the owner receives the certificate of trademark, they can immediately start using the ®symbol. The ® symbol helps in building customer trust. It also helps the brand in marketing and promoting their products.
Products and Services can be Differentiated:
When a brand gets its trademark registered successfully, the brand can promote its product at ease. The brand’s trademark registration and good identity make its products stand out from its competitors. It helps customers in identifying the products of a particular brand. The brand gets a unique identity amongst the customer.
Aids in creation of Assets:
The brand’s registered trademark becomes part of their intellectual property. When an owner registers a trademark, they get a legal right to market, franchise, or advertise their products or services to generate a potential income.
Usage of ® symbol:
The owner can use the ® symbol after receiving the certificate of trademark registration. The ® symbol holds significant importance. It conveys a message to the third party that the brand has its trademark registered and it cannot be used by anyone else. The ® symbol ensures the customers that the products and services are genuine and authentic.
Protection against Lawsuit:
The owner or proprietor of a trademark can file a lawsuit, if a third party uses their registered trademark. The third party will be produced at the court. The court will pass orders to restrict the third party from using the trademark. On the order of the court, the third party will have to give the profit that it earned by using the trademark.
Global Trademark Registration:
If an owner or proprietor gets their trademark registered in India, they will not have any registration abroad. But people who get their trademark registered in India can easily use it as supporting evidence for an international trademark. When a trademark is registered in India, any Indian third party is restricted from using it. On the other hand, when a trademark is registered in the international forum, then no third party around the globe can use it. After the trademark is registered in the international forum, the brand's logo becomes unique and distinguishable in the global market.
Attract customers
When a trademark is popular and has gained the trust of the customers, it tends to remain in the good books of the customers. Customers generally prefer goods and services from a brand that ensures their satisfaction and also focuses on quality. This in turn results in customer attraction, which helps the brand to grow and become successful.
Trademark Renewal
Once an owner gets their brand’s trademark registered, they do not need to worry for the next 10 years. Within 10 years, the brand should fill out an online application to renew the term of the trademark. In order for trademark renewal, the owner or proprietor needs to submit the TM-R form. They also need to pay the prescribed fee. After the owner completes the renewal process, they will again have exclusive ownership of the intellectual property. The owner is advised to apply for the renewal of the trademark before the term expires. This is done so that the owner does not face any issues and complications.
Difference Between Patents and Trademarks
There is a thin line of difference between patents and trademarks. There is no particular limited period for a trademark, but on the other hand, patents have a limited period. A patent usually has a period of 20 years before it expires. On the other hand, a trademark has a period of 10 years before its expiry. However, there is a huge disadvantage to having a patent. A patent cannot be renewed once it expires, while on the other hand, a trademark owner can renew their trademark for the next 10 years.
Who can Register for a Trademark?
Only the owner who wishes to trademark their products can apply for registering the trademark. Once the trademark is officially registered, then the person whose name is mentioned in the application form will be declared as the owner of the product or service. Anyone can apply for a trademark, for example, an individual, business, or a limited liability partnership. There are a few documents that one should keep handy before starting to register for a trademark.
Brand Name Trade Mark:-
When someone trademarks their company’s name, they not only protect their brand identity, but also their reputation and their unique ideas. The process of getting your company trademarked is quite lengthy, but nothing can be worse than facing a lawsuit from a big conglomerate just because you did not trademark your company’s identity.
But Online Legal India has simplified the process of getting your trademark registered. Companies usually trademark their brand, goods, or services, but below is a list of a few things that one can trademark:-
Letter
Word
Number
Phrase
Graphics
Logo
Sound Mark
Mix of smell
Types of Trade Mark
A trademark can be defined as the sign, symbol, logo, numbers, etc. that a company uses to help its customer distinguish their brand from its competitors. A trademark has various types from which one can select the type of trademark they will need. The types of trademarks are listed below:-
Product Mark
A product mark represents a product or good and not any service. Trademarks are divided into different classes. Product mark is applied under the trademark class of 1-34.
Service Mark
A like product mark is used in the case of trademarking a product, similarly, a service mark is mainly used to trademark a service that a company is providing. All the service mark applications are registered under the trademark class of 35-45.
Collective Mark
When a company wants to highlight and inform its customers about a certain distinguished feature of a product or a service, then it uses the collective mark. Generally, associations, institutions, and NGO’s are found to have collective marks as their trademarks.
Certification Mark
Certification marks hold an important place while selling a product. A certification mark talks about a product's specific details like product origin, material, or quality. It is mainly issued by the owner of the company or business. Companies mainly use certification marks so that they can highlight the standard and guarantee the product to their customer. Customers will usually find certification marks in goods like packed food, toys, as well as electronics.
Shape Mark
Certain manufacturers and companies produce products in shapes that are unique to them. To protect their shapes, companies or owners can put the trademark of a shape known as the shape mark. For example, we generally find that the shape of a Coca-Cola bottle is quite different than that of its competitors.
Pattern Mark
Manufacturers generally make their products in a different pattern so that their products can be easily distinguished from their competitors. But if a product fails to maintain the uniqueness of the pattern, then the trademark application is rejected. In order to have the pattern registered, the manufacturers or the company need to give adequate evidence to prove its uniqueness.
Sound Mark
A certain sound that is linked with a particular product or service of a company can be termed a sound mark. A sound mark is mainly created so that consumers can easily recognize the product with the help of a sound. The sound of a particular product or service is generally considered an audio mnemonic. It is typically played at the end of the audio. A sound to be trademarked as a sound mark should have its uniqueness. For example, the song that is used in IPL has a unique sound, so that the audience can easily know the show.
Conclusion
In a world where everything is considered a part of a competition, businesses also need to compete and grow. In these scenarios, trademarks play a crucial role for a business to grow in a competitive market. Trademarks are the unique symbols that help consumers distinguish between the brand and the competitors. Trademark also helps in building consumer trust, being at an advantageous position in the market, and building customer loyalty. Other than a specific country’s trademark, an international trademark holds a higher value.
When a company owner or proprietor registers their trademark, they not only protect themselves from any lawsuits but also protect their intellectual property. If any third party uses the registered trademark, the owner or proprietor can sue them. With trademark businesses, builds a strong foundation, building a recognition for the brand among the customers as well as ensuring the company’s and the brand’s growth.
Some people get confused about where they can find help to apply for their trademark. But worry not, one of the best law firms in the country, Online Legal India, is here to help you file for trademark registration. Contact them now.
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