Trademark Registration- Hello friends, today we will talk about our new article, so friends today our new article is “Trademark Registration”, we will know about this new article. In this article, we will know what is a trademark and what should be done for its registration, and what are the formalities in it. To get complete information about this article, you have to read this article completely from beginning to end.
- 1 Trademark Registration
- 2 Trademark- The Name of a Brand
- 3 Trademark Registration Importance
- 4 Types of Trademark in India
- 5 1. Word Marks
- 6 2. Services Mark
- 7 3. Logos and Symbols
- 8 4. Shape of Goods
- 9 5. Series Marks
- 10 6. Collective Trademarks
- 11 7. Certification Mark
- 12 8. Geographical Indicators
- 13 Document Required
- 14 Procedure for Online Trademark Registration in India
- 15 Step 1.Trademark Search
- 16 Step 2.Filling of Trademark Application
- 17 Step 3.The Process of Vienna Codification
- 18 Step 4.Tradmark Examination
- 19 Step 5.Trademark Journal Publication
- 20 Step 6.Regisration of Trademark
- 21 Check Trademark Application Status in India
- 22 Different Trademark Symbols
- 23 Trademark Classes
- 24 Benifites of Trademark Registration
- 25 What is a Trademark in India?
- 26 In India, what are the many sorts of trademarks?
- 27 What Kinds of Trademark Symbols Are There in India?
- 28 What are the Functions and Roles of a Trademark?
- 29 Is an Indian trademark recognized in other countries?
- 30 In India, how many times can I renew my trademark?
A trademark is a particular identification that defines your organization, product, or service from the competition. Your company’s intellectual property/intangible asset is a registered trademark. It protects the time and effort you put into earning your consumers’ confidence and loyalty.
The registration gives you the legal right to sue anybody who tries to duplicate your trademark and stops others from using a trademark that is similar to yours.
The national trademark is the India trademark act of 1999, which is registered on a date set by the government. When a buyer purchases a product from a certain manufacturer and then learns that the product was of lower quality and not from the original source, the consumer has been cheated. If a sign is added to the products to identify the source of the commodity, the buyer and seller can avoid such humiliating situations.
Once a trademark is registered, the “TM” sign can be used by the applicant and the brand. Trademark registration is an asset for the firm, and it is important to file for trademark registration in India to protect the brand name. It is usually preferable to get trademark registration under the supervision of a professional, as the procedure entails several phases and requires frequent government follow-up.
Trademark- The Name of a Brand
In all areas considered, the trademarking procedure will take time. Nothing would be worse than not protecting your brand and perhaps facing an interference action from a larger firm.
The procedure of registering a brand trademark in India is now simple and straightforward, allowing you to trademark any of the following products, or even a combination of them:
- Sound Mark
- Smell or a mix of colors
Trademark Registration Importance
Eligibility for Trademark Registration
- An individual who is not in business can also apply for trademark registration for a sign or term that they intend to use in the future.
- If two persons decide to file a trademark application, both names must be listed on the application.
- In India, a proprietorship firm’s trademark application must include the applicant’s complete name. The company or proprietorship name is unacceptable.
- In a trademark application for a partnership business, all partners’ names should be listed. If the partnership company contains a minor, the guardian representing the minor should be named.
- The application should be made in the name of the LLP. An LLP is a partnership with distinct partners. The trademark belongs to the LLP, not the partners.
- If a Private Limited Company, One Person Company, or Public Limited Company wishes to register a trademark, the application must be submitted in the company’s name. The Director cannot apply them since they are all separate established organizations. The Director or any officer authorized by the officer can sign and submit it.
- If a foreign-incorporated entity files a trademark application in India, the application must be filed in the foreign-incorporated entity’s name. The registration type, nation, and law must be specified here.
- If a trademark application is submitted on behalf of a trust or a society, the managing trustee, chairman, or secretary must be named.
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Types of Trademark in India
The Trademarks Act of 1999 permits the registration of a wide range of trademarks, including wordmarks, service marks, collective marks, certification marks, series marks, logos/symbols, and more.
1. Word Marks
The most frequent forms of trademarks registered in India are word marks. These are any marks that are used to identify a trade company’s or service provider’s products and services. Your product or service name will be registered under Word Marks if it is text-based (only comprises text).
Example:- The word VISA is a registered as a Word-Mark.
2. Services Mark
Service marks identify the type of service that a corporation or organization provides. They are filed under trademark classes 35-45 and identify various services accessible on the market.
Example:-FedExis a registered courier delivery service provider.
3. Logos and Symbols
A logo is a printed or painted figure, design, or character that does not include any letters, words, or numbers. The trademark must be registered as both a word mark and a device mark for wordmarks that are also used as a logo.
In India, both of these characteristics can be registered in a single application.
Example:-Twitter has a registered logo that is used on each of its products.
4. Shape of Goods
The shape of items is classified as Trade Dress (product appearance), in which, in addition to a brand or label, a product can be identified by its packaging.
Example:-Coca-Cola bottles are marked from other brands by their shape.
5. Series Marks
Service marks are trademarks that have a common phrase, prefix, or suffix, indicating that they belong to the same ‘family of marks.’ They should only differ in non-distinctive character issues (goods, price, quality or size).
Example:-McDonald’s has a series of ‘Mc’ wordmarks that symbolize their many food lines, such as Mc Chicken, Mc Veggie, and so on.
6. Collective Trademarks
These trademarks are associated with a group of individuals rather than a particular product or service. An organization, institute, or any association is the primary owner of these trademarks. Members of the organization can use them to portray themselves as part of the team.
Example:- Wi-Fi “Badges of Origin,” which identify the individual’s unique source, as well as his or her products and services.
7. Certification Mark
The certification mark is used to indicate that a firm has reached a certain quality level. This implies that the general public will be aware that the trader’s goods or services have been certified because they have satisfied a certain standard set by the certifying organization that holds the certification mark.
Certification markings are used to identify a product’s or service’s “Standard.”
Example:- FSSAI– Food Safety and Standards Administration of India.
8. Geographical Indicators
A geographical indicator is a label on a product that identifies the product’s unique nature, reputation, and quality depending on its origin.
Geographical Indicators are issued by the Geographical Indicators Registry to natural, agricultural, industrial, and handicraft items that have a distinct geographical origin.
Example:- Munnar Green Tea is a GI under the Intellectual Property Rights.
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Procedure for Online Trademark Registration in India
Step 1.Trademark Search
Before beginning the process of trademark registration, each business must do a search for trademark availability. Trademark Search will provide you complete information about trademarks that are similar to yours that have been filed with the Trademark Registry.
Step 2.Filling of Trademark Application
After you’ve finished your trademark search, you may file your trademark application with the Registrar of Trademarks. The trademark application must be filed in the approved format and with the required fees. The trademark application can be filed online or at any of the state’s Registrar Offices of Trademarks. The following is some important information from the Trademark application:
- The logo, name, or trademark;
- Specific details on the items or services;
- The trademark holder’s full name and address;
- Previously used trademark (if any).
Step 3.The Process of Vienna Codification
The Vienna Codification is an international categorization of symbolic components of marks that was established by the Vienna Agreement in 1973. The Trademark Registrar will apply the Vienna classification to the Trademark based on the symbolic components of marks after the application for Trademark Registration is filed. The application status of Trademark Registration indicates “Sent for Vienna Codification” when this procedure is in progress or pending.
Step 4.Tradmark Examination
The Trademark application will be assigned to a genuine official of the Trademark Registrar Office when the preceding stage is completed. Any modifications to the application will be examined by the officer. If any problems or errors are found in the Trademark application, it will be sent back to the applicant for correction or a Trademark examination report will be issued.
After correcting the errors, the officer will review the application and either approve it, enable the Trademark Journal to publish it or object to the Trademark Registration procedure.
If the applicant’s trademark application is denied or declined, he or she might appear before the Trademark officer to address any objections.
The Trademark will be authorized to be published in the Trademark Journal if the officer deems the jurisdiction appealing. If the reason for denial is not sufficient, the applicant may file an appeal with the IPAB against the officer’s decision (Intellectual Property Appellate Board).
Step 5.Trademark Journal Publication
The Trademark is published in the Trademark Journal when the Registrar accepts the Trademark application. The Trademark Journal contains all of the Trademarks that the Trademark Registrar receives. People can also object to a trademark application if they believe the registration of a trademark would harm them. If there are no objections within three months of publication, or 90 days (roughly), the mark will be adopted within 12 weeks.
If a third party files an objection to the trademark application, the Trademark Hearing Officer will hold a hearing. Both the applicant or owner of the proposed Trademark and the opposer who opposes the application have the chance to attend at the hearing and give their justifications.
The officer will decide whether the Trademark application should be granted or refused based on the hearings and evidence. The escalation officer, on the other hand, can appeal the hearing officer’s judgement.
Step 6.Regisration of Trademark
Only the Trademark Registration and manuscript will be produced and issued if there are no oppositions or objections. The Trademark is regarded to be a registered Trademark of the owner only once the Certificate of Trademark Registration is granted, providing the Trademark owner some rights over the marks. In a trademark or logo, the ® symbol can be used.
Check Trademark Application Status in India
- To check the status of your trademark application, first, go to https://ipindia.gov.in/form-and-fees-tm.htm.
- The first choice on the left side of the page is “Trade Mark Application/Registered Mark,” which you should choose. When you click it, two alternatives (National/IRDI Number and International Registration Number) will show on your screen; you must select the first option, which is the National IRDI Number.
- Following that, you must enter the Trademark application number, the captcha code, and then click the “View” button.
- The status of your trademark application will display on your screen when you click the View button.
Different Trademark Symbols
The following might be the brand status if you file a trademark registration application online.
- TM– When the application is pending approval, you can add TM with your logo. Only products are allowed to use the TM mark.
- SM- When the application is pending approval, you may add SM with your logo. The SM symbol is exclusively used for services.
- R- Once the Registrar of the Trademark Registry has accepted your TM application, you can add R to your logo.
There are 45 different Trademark Classes, and all items and services are divided into these categories. Before registering a trademark, you must carefully select the Trademark Classes, since they will define the trademark’s validity for your company’s products or services.
If your company sells a variety of items or services that fall under multiple Trademark Classes, you must register for a Trademark under all of the relevant classes.
The following are some of the most important trademark classes in India:
1. 9th Classs
Computer Software & Electronics are included in this Trademark Class.
2. 25th Classs
Clothing is included in this.
This covers marketing and management of a business.
4. 41st Classs
This includes both entertainment and education.
Benifites of Trademark Registration
I hope you enjoyed and learned a lot from this article. Thank you very lot for your help. If you have any questions about this post, please leave a comment. I, Aarti Devatwal, would want to express my sincere gratitude for taking the time to read this article. I hope you learned a lot from this.
What is a Trademark in India?
The term “trademark” refers to a symbolic or visual representation that aims to protect a logo, signature, word, color, name, label, device, or other feature of a person’s products and services.
In India, what are the many sorts of trademarks?
The different types of Trademarks are Suggestive Marks; Fanciful or Arbitrary Marks; Generic Marks; and Descriptive Marks.
What Kinds of Trademark Symbols Are There in India?
The trademark symbols TM, SM, and R are the three types of trademark symbols.
What are the Functions and Roles of a Trademark?
A trademark’s functions include identifying the origin of products and services, ensuring quality, advertising goods and services, and creating a brand image.
Is an Indian trademark recognized in other countries?
In some cases, an Indian trademark registration may not be fully valid in another country. The same can, however, is used to file a trademark in the chosen foreign nation.
In India, how many times can I renew my trademark?
Every 10 years, a person’s trademark can be renewed.