Trademark

What is a trademark?

Trademarks are distinctive special signs that are used to distinguish products or services from a certain company. They could be patterns, images, symbols, or even expressions. It is crucial since it sets your items apart from those of your rivals. It might be connected to your company or a particular item. Trademarks are protected from infringement since they are considered to be intellectual property.

One must register a trademark in order to benefit from trademark rights protection. It is important to register your trademark because doing so stops others from copying it and using it incorrectly on other products. To protect the company’s investment in the brand or ideogram, a trademark is employed as an untouchable asset (intellectual property) once it has been registered.

There are different types of trademark units in India

PRODUCT MARK

A product mark is one that is applied on a good or product. This kind of trademark is used to identify the product’s place of origin and supports a company’s reputation. Given that they represent things, trademark applications filed within trademark class 1-34 may be referred to as product marks.

SERVICE MARK

Similar to a product mark, a service mark is used to identify a service as opposed to a product. The primary function of the service mark is to set its owners apart from those of other services. Given that they identify services, trademark applications filed under trademark classes 35 to 45 may be referred to as service marks.

COLLECTIVE MARK

A collective mark is used to communicate to the general public specific distinctive characteristics of a good or service used to represent a collective. This mark can be used by a group of people to collectively protect a good or service. The mark holder may be a Section 8 Company, a public institution, or an association.

In a collective mark, the regulator responsible for the mark often sets the standards of the products. Others connected to the collective are expected to follow particular rules while utilizing the mark for commercial purposes. Chartered Accountant is a collective brand that is well-known in India.

CERTIFICATION MARK

A certification mark is a symbol used by the owner to indicate a product’s origin, material, quality, or other specified information. The fundamental function of a certification mark is to highlight the product standard and provide buyers with assurances about the goods. A certification mark can also be used to raise customer expectations of a product by demonstrating that it has completed rigorous quality control testing. Typically, gadgets, toys, and packaged foods bear certification marks.

SHAPE MARK

Shape Marking is only used to safeguard a product’s shape so that consumers can relate to it and choose to purchase it from a particular manufacturer. Once a product is acknowledged to have a distinctive shape, its shape can be registered. The Coca-Cola or Fanta bottles, which have a particular shape associated with the brand, are examples of shape Mark.

PATTERN MARK

Products with pattern marks have distinctive created patterns that serve as the product’s identifying feature. Patterns that don’t stand out as a distinctive mark are typically eliminated since they are useless. A pattern must provide proof of its uniqueness in order to be registered.

SOUND MARK

A sound mark is a sound that can be connected to a good or service coming from a specific vendor. People must be able to quickly and easily recognize the service, product, or show that the sound stands for in order for it to be registered as a sound mark. Sound logos, sometimes known as audio mnemonics, are most frequently heard at the start or finish of commercials. The IPL theme song is the most well-known sound brand in India.

Who can apply for a trademark?

Any individual, business, proprietor, or legal entity claiming to be the owner of the trademark may apply. Within a few days, the trademark application can be submitted, and you can then start utilising the “TM” symbol. And it takes 8 to 24 months for the trademark registrar to finish the necessary paperwork. Once your trademark has been registered and the registration certificate has been issued, you may use the ® (Registered sign) next to it. A trademark that has been registered is good for ten years from the filing date and may be periodically renewed

Importance of trademark registration

It guarantees that the origin of goods and services is clearly identified.

It encourages more purchasing.
It acts as a symbol of loyalty and affiliation.

It could allow the buyer to express their personal style or sense of fashion. For your company, the trademark would be a valuable asset that helps build goodwill.

With a registered trademark, you can prevent others from using your company name or emblem in connection with the goods or services for which it is registered.

The ability to be sold, licensed, or assigned makes trademarks comparable to other types of assets, such as real estate.

Documents required for trademark registration

Soft copy of the trademark
Business registration proof (in case the applicant is a company or entity)
Class III digital signature certificate (in case of online filing of trademark registration)
Date of first use of the trademark in India (in case of any prior usage of trademark or prior use claim)
Power of attorney signed by the applicant

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Procedure for Trademark Registration

The Trademark Registartion involves the following procedure:

TRADEMARK REGISTRATION

The significance of a TM search is not well understood by many business owners. A distinctive brand name in mind is insufficient justification for avoiding a TM search. A trademark search enables you to determine whether similar marks are already in use, provides a fair assessment of the position of your trademark, and occasionally alerts you to the potential for trademark infringement litigation.

FILING TRADEMARK APPLICATION

You can choose to register your chosen brand name or logo once you are certain that it is not already on the Trademark Registry India’s list of registered marks. A trademark application must be submitted initially to the Trademark Registry India. Today, most filing is done online. An official receipt is instantly supplied after the application is submitted for future use.

EXAMINATION

The examiner checks a trademark application once it has been submitted for any errors. The test might take between 12 and 18 months. The examiner may accept the trademark unconditionally, with conditions, or with objections.

The trademark is published in the Trademark Journal if it is accepted without conditions. If not accepted without restrictions, the examination report would state the requirements that must be met or the objections that must be addressed, and one month would be granted to do so.

The trademark is published in the Trademark Journal if the response is accepted. One may ask for a hearing if the response is rejected. If the examiner decides at the hearing that the trademark deserves to be registered, publication in the Trademark Journal follows.

PUBLICATION

The publication step is included in the trademark registration process so that anyone who objects to the trademark’s registration has the chance to do so. If there is no opposition three to four months after publication, the trademark is registered. If there is objection, a fair hearing is held, and the registrar renders a ruling.

REGISTRATION CERTIFICATE

A registration certificate with the seal of the Trademark Office is issued once the application for trademark registration has been approved and has been published in the Trademark Journal.

RENEWAL

The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually.

As seen from the above, trademark registration in India process does not require much effort. It is a simple process but one which is nonetheless very important for brand name registration. We can help you with the entire process of registration without you worrying about deadlines and responses. Hence, understand the power of your brand name registration and take steps in protecting it today.

RECTIFICATION OF A TRADEMARK

The procedure to rectify or remedy an error or defect of the trademark details entered in the Register of Trademarks (the “register”) after its registration is known as trademark rectification. Any individual who feels wronged by the incorrect trademark entry may request its correction from the Registrar or the Appellate Board.

The Registrar or Appellate Board will issue such an order for cancelling or changing the registration of a trademark upon receipt of the aggrieved party’s application for rectification of the trademark. The following are the grounds for the correction application:

Error in the registered proprietor’s name, phone number, or address
a mistake in the trademark’s description, class, or design
A missing or missing record in the register, A change in the proprietor’s information, such as name, address, and contact information
removal of a trademark after five years of non-use
Any additional circumstances accepted and regulated by the Registrar shall be grounds for striking out any goods, classes of services, or items with respect to which a trademark is registered.

CANCELLATION OF TRADEMARK

A trademark can be cancelled by having its entry removed from the register. Anyone who feels wronged by the trademark registration, anyone who wants to use the trademark, or even the Registrar, can request its cancellation. A trademark’s registered owner may also request the removal of their entry from the register.

The Registrar or the Appellate Board should receive the cancellation application. The Registrar or Appellate Board will hear the case after the application is submitted and issue a ruling. The trademark will be deleted from the registry when the Registrar issues a cancellation order.

Without having any sincere or legitimate intention to use it for the goods or services for which it is registered, the trademark is registered.
Five years have passed since the registered trademark’s failed to be used in good faith, and that period of time was five years.
The registered trademark is being utilised in a way that confuses or misleads the public.
In its registration application, the trademark holder misrepresented certain facts about the mark or omitted information that, if disclosed, would have precluded the registration.
Any alteration in the situation following trademark registration that renders it invalid
when a requirement listed in the register is not followed or is violated in any other way.

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Frequently Asked Questions

What is the Need of Trademark Classification?

The registration of a TM under a certain class prohibits the registration of the identical mark under that class by others. It is necessary to classify trademarks because:

to clearly identify the goods and services covered by the mark
a guide for the Trademark registration
to identify the potential future trademark infringes
to assist the trademark officer

Who Can Apply for a Trademark?

in In the case of a person, the application may be submitted in his own name
in the case of joint owners the application may be submitted in the names of both owners. Both parties are regarded as trademark owners
If a business is a sole proprietorship, the owner may file for a trademark under his own name
If a partnership exists, the trademark application must list the names of each member.
In the case of an LLP, the trademark application must be filed in the name of the LLP.
In the event of a company, the application must be submitted solely in the name of the company.

Is Registration of Trademark Compulsory?

Although trademark registration is not required, it is a good idea to do so in any country where you sell goods or services. In the event that a trademark infringement occurs, registration gives you legal protection..

Does One have to Present Physically to Register a Trademark?

No, the entire procedure of registering a trademark is done online. The scanned copies of all the necessary documents can always be emailed. Every form and document is submitted online, and even the signatures are done so. It is simpler to register a trademark online. One should just need to be physically present to respond to the examiner in TM hearings.

What are The Common Grounds for Trademark Application Rejection?

A mark must be both distinctive and non-descriptive in order to qualify for trademark registration. The Trademarks Act of India’s Sections 9 and 11 establish the absolute and relative reasons, respectively, for rejecting a trademark application. A trademark examiner may consider a comparable mark to belong to a different owner in accordance with section 25(1)(b)

What is the Validity Period of a Trademark?

A trademark that has been registered is valid for ten years and may be renewed for an additional ten years with the payment of renewal costs.

When Can I use 'TM' and 'R' Symbol with My Trademark and What they Signify?

There are numerous advantages to registering the brand name:

A registered trademark offers stronger protection.
discourages others from using it.
A registered trademark offers stronger protection.
Defending your brand against allegations of infringement.

What is a Trademark Class?

The NICE Classification is used in India for trademark classes. For the purpose of registering a trademark, the NICE Classification is an international classification of goods and services. The first 34 classes in this classification system are for products, and the remaining classes, numbered 35 to 45, are for services. Only these classes are required for trademark registration.

What is the Need for Brand Name Registration?