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Trademark registration is a legal process that gives brand a recognition in the market. This registration ensures that your product's symbols, logo or name won't be misled or used by another business entity in order to gain benefits from your product's recognition.
Most of the well-established companies become prey of using similar logos, marks and names of other competitors due to non-awareness of existing trademarks. This act violate the terms and conditions and thus considered as trademark infringement. To avoid such condition, you need to first register your names, logos and mark under trademark registration in order to protect your product's unique selling preposition, originality and to stand out unique in product rivalry.
A product mark is a mark that is used on a goods or product instead of a service. This kind of trademark is used to figure out the origin of a product & helps business keep its good reputation.
A service mark is used to set apart a company's services instead of its products. The service mark is used for non-tangible products.
A shape mark is a trademark that is made up of or extends to a three-dimensional shape, such as the shape of a product's container, packaging, or the product itself.
When a good or service has a certification trade mark, it denotes that it complies with a particular set of criteria or possesses a specific quality
Packaging identifiers are used to describe a package's contents in more detail than just the labels. They include things like the correct shipping name, identification number, limited and exempted quantities, and environmentally hazardous substances.
Collective marks are trademarks owned by an organisation, such as an association, that its members use to identify themselves with a quality, accuracy, geographical origin, or other attribute defined by the group.
A wordmark, also known as a word mark or logotype, is a distinct typographic treatment of the name of a company, organisation, or product.
The product & service must be identified by the given number. In order to register a trademark for the numeral 7, for instance, that number must be used to uniquely identify a certain category of goods & services.
A device mark is any kind of sticker, label, logo, monogram, or geometrical figure that isn't a word mark. It has drawings & designs, Color: It consists of a colour or a combination of colours, with or without a device mark, that is different from others.
Pattern marks are marks that are made up of patterns that can be used to identify goods or services as coming from a certain business. These patterns set it apart from other businesses' patterns that can be registered as trademarks.
A sound trademark is a trademark that makes use of sound in order to fulfil the traditional role of a trademark, which is to unmistakably identify the origin of the commodities, goods, and services.
The term "Colour Mark" refers to a trademark that consists of a single colour or a mix of colours that is claimed to be registered as a trade mark.
TM (TM) :TM symbol signifies that the trademark or device mark has been applied with the concerned authorities and is yet to be registered.
R (®): R symbol denotes that the applied trademark or device mark is registered from the concerned authority.
SM (SM): Service Mark symbol signifies that the service or device mark has been applied with the concerned authorities and is yet to be registered.
Registering your trademark is very important for any business in the long-term. Here are some of the benefits of trademark registration:
Trademark search or Trademark name search is one of the most critical factors determining the registration probability of a mark (brand). Although it helps individuals decide whether the brand name can be registered or not, merely having a unique brand name doesn't guarantee a trademark registration.
It is always advisable to get a trademark availability report before application of the trademark, as applying a wrong trademark may lead to wastage of time, money and even lend you in litigation activities.
Note: Professional fee for trademark Name Search is not included in the filing process.
Once the brand name is decided and available for registration on the Trademark portal, the applicants can proceed with their TM application. The entire process is digital and can be done with the help of an attorney or using the DSC of the individual.
A trademark application can be made as a device mark (logo) or word work (name of the brand), sound mark, three dimensions, goods' shape, and colours. Using a mark can be prior or proposed to be used, and selecting the appropriate option may speed up the registration process.
If the company name and brand name are the same, it must be ensured that the trademark applicant is an organisation instead of an individual.
MSME's and Companies registered under startup India recognition can avail the benefits of subsidie of "up to 50%" while filing for trademark application.
If the applicant is an individual, it is advisable not to attach their PAN and Aadhaar as the trademark documents are available in the public domain and hence may have an adverse impact
Goods and description or taxonomy used for trademark application should be cross verified from trademark website as a wrong nomenclature may lead to rectification of trademark application by filing TM-M form.
Once the trademark application has been submitted, the examiner will examine the accuracy of the application. In case of any discrepancy, the examiner may issue a trademark objection report within 60 days from the date of application.
Around 75% of trademark applications are objected to due to a lack of understanding of deciding a brand name.
If an objection is raised from the trademark department, a reply to the objection must be filed within 30 days from the date of issuance of the examination report. The registrar may abandon the application in case of a non-filing of trademark objection reply within the stipulated time.
If the trademark objection response is not accepted, the application will be transferred to show cause hearing. Almost 80% of the trademark objection replies are transferred to show cause hearing, so it is always advisable to get a trademark objection reply drafted from an experienced attorney.
Trademark application gets published in Trademark Journal once it's accepted unconditionally.
The applications are published to Trade Mark Journal every 14th day. Anyone having an objection to the brand name can raise opposition to the trademark registrar within 4 months from the date of issuance of the examination report.
If there is no opposition to the trademark application, it is forwarded for registration.
After completing 4 months of advertisement of the Trademark in the Trademark Journal, the registration certificate is issued digitally from the registrar of Trademark.
Every registered trademark has to be renewed after 10 years to ensure the protection of your brand identity.
The trademark registration process can be a cakewalk with an expert attorney. Lawgical Station can help you simplify the entire registration process without dwelling on the deadlines and responses.
For Trademark registration, the following documents are required:
Yes, domain names can be registered and protected as trademarks at national and international levels, provided they meet all conditions for trademark registration and protection.
A trademark originating from India can be globally protected via two steps:
The circle symbol, ®, indicates that the preceding word or symbol is a registered trademark recognized by a national trademark office.
In an assignment without goodwill, the trademark proprietor transfers rights to the assignee concerning goods or services not currently in use, while restricting the transfer of rights to goods or services already in use.
An assignment of a trademark without consideration may not be enforceable under the law, potentially leading to the original owner retaining the ability to reclaim the trademark.
The trademark owner can file a criminal complaint against unauthorized use of their registered trademark under the Trademark Act 1999, and may also pursue civil action for infringement.
Trademark owners can extend the validity of their trademarks every decade. They have a six-month grace period before the end of each ten-year term to renew their trademark and maintain its benefits.
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