A Trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises and may include shape of goods, their packaging and combination of colours. Trademarks are protected by intellectual property rights under Trademark Act, 1999 which allows you to register a trademark in India. It makes way for exclusive ownership rights and restricts all others from its usage and thereby benefitting the owner of the registered mark. Registered trademarks have 10-year validity and can be renewed indefinitely. The Registrar has set a wide window for you to do so, beginning from 6 months before the date of expiry. Even if you forgot, as even large organizations tend to do, you will be sent a notice to your registered address before the date of expiry. If you still do not file for renewal, the registrar may advertise its intention to remove the trademark in the Trade Marks Journal. This is, however, likely to happen only 12 months after the expiry date. Between 6 and 12 months after expiry, trademark registration can be renewed on payment of a fine through a process called ‘restoration’.
Benefits of Trademark
If you believe your registered trademark has been infringed, you can easily establish your rights in court. Trademark registration is essential in sectors in which piracy is rampant. Not registering a trademark may leave the owner of the original brand name without any remedy.
Creation of Assets and Business Opportunity
A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Apple, Google and KFC. Businesses can earn huge money in royalties through licensing agreements, creating franchisee all over the world or even transfer of ownership to interested parties.
Registering a trademark creates a face of the company or the goods and services. This helps to distinguish and facilitate brand creation. You would want your customers to identify your products or services with your brand. Registering your trademark is the first step toward ensuring this. The law would then prevent any similar words or slogans from being registered.
What can be trademarked?
According to the trademark rules of India, items like sound, logo, words, phrases, colours, images, symbols, initials or a combination of all these can be trademarked. All of these should be made use to make your business stand out from other business or entity.
Who can apply for Trademark?
A Trademark Application can be filed by Individuals, Body Corporate, Partnership Firm, Hindu Undivided Family, Private Limited Company, Public Limited Company, Limited Liability Partnership, Non-Governmental Organization, etc., Application should be made in the name of concerned business for trademark registration.
Documents Required for Trademark Registration
- TM-48 is a legal document that allows the attorney to file the trademark on your behalf with the trademark registry. The document will be prepared by us for the signature.
- Name of Applicant (Can be individual or any other business entity.
- Identity Proof and Address Proof of Applicant. (Certificate of Incorporation in case of business entity)
- Brand Name & Logo of the Business. The logo must contain the Brand Name applied to register a Trademark
- User Affidavit (In case of specific user date is to be claimed, the user affidavit is also required to be submitted along with application)
Trademark symbols and their usages
This ™ symbol is for unregistered trademarks. It warns others from copying your logo, name or symbol. It does not give you copyright or any other protection, and others can use your logo or name in case your application gets rejected.
This ® symbol is a notice of registered ownership of the trademark or service mark registered with Trademark office and to provide constructive notice of the legal ownership status of the mark with which it is used. The ® symbol should be used only in connection with registered trademarks or service marks. . This symbol helps protect the trademark from getting copied by others.
The service industry uses this ‘SM’ symbol. The symbol is applicable for classes from 35 to 45. It is also not guaranteed protection against copyright issues.
How we help with Trademark Registration Process?
STEP 1: Trademark Search
Many entrepreneurs or businessmen do not comprehend the importance of a trademark search. Having a unique brand name in mind is not good enough reason to avoid a trademark search. Therefore, trademark search helps you to know if there are similar trademarks available and it gives you a fair picture of where your trademark stands, sometimes, it also gives you a forewarning of the possibility of trademark litigation. The trademark can be registered once it is found to be unique. In case your logo or brand name is already registered by someone else, we help you find ways to modify it so that your registration does not get cancelled.
STEP 2: Class Selection
While applying for registration of Trademark, you need to apply it under the right classification of classes. We take care of that to choose the right class under which you need to register according to your business type. The trademark offers you the right to sell under a particular brand name within a certain sector in the economy. In total, there are about 45 sectors and each sector is named as a class. Goods and services are classified into 45 different classes by the Trademark Registry. Every logo or brand name has to be registered under the appropriate class.
For Examples: If law firms want to register their trademark, they have to apply under Class 45 of the Classifications.
STEP 3: Apply before Trademark Office
After ensuring that brand name or logo is unique and the same can be registered, proceed with the application by preparing the power of attorney first. This gives the right to make the trademark registration on your behalf. You can sign the power of attorney and return it back to us. We keep updating you about the proceedings until the registration process is complete.