TRADEMARK REGISTRATION IN INDIA
Trademark: A trademark is a unique symbol, word(s), phrase or design that is used to represent a business or its products.
A trademark is a type of intellectual property that consists of a recognizable sign, design or expression that differentiates products or services from one source to another. Trademarks used to identify services are usually called service marks.
The owner of a trademark can be an individual, business organization or any legal entity. A package, a label, a voucher, or a product can all have trademarks on them. You can see trademarks displayed on corporate buildings for the sake of corporate identity. It is legally recognized as a type of intellectual property.
Different types of trademarks that can be registered.
- Product trademarks - Marks that are used to identify goods.
- Service trademarks - Used in the identification of services of an entity, this may include trademarks for a broadcasting service, cargo/courier service, etc. They are used for advertising services.
- Certification trademarks - This is a sign certifying that the goods or services in respect to their usage are of a particular origin, material, and the method of manufacture, the quality or other specific features, which are certified by the proprietor of a particular certification trademark.
- Collective trademarks - Such trademarks are done in the name of groups, associations or other organizations. These collective trademarks are usually used by members of the group in their commercial activities to indicate their membership of the group.
Who needs to apply for a trademark?
- The proprietor of the trademark can apply for the registration of its mark for goods as well services.
- Companies such as Private limited, OPC, LLP, Foreign Subsidiary etc
- Firm – Application by a firm should be made in the name of the partners.
- Government – The Union government or any state government can make an application. This applies to government undertakings. The application needs to be processed in the name of the respective department / government.
- Trust – The application can be made in the name of the trust.
- A person whose principal place of the business is in India can apply for registration of a trademark to the Trademark office. In case, the principal place of business is outside India, then the application can be filed in the Trademark office under whose jurisdiction the office of the lawyer appointed by you is located.
Once registered a trademark is valid for 10 years from the date of Filing which can be renewed.
Documents Required for Trademark Registration in India
- Copy of PAN Card / Passport / Driving License / Voter ID Card
- A Scanned copy of Company Registration Certificate
- Signed Trademark Application
- Brand / Logo name
- Copy of MSME Registration Certificate in case an applicant is a company.
- User Affidavit
SIGNS OF A TRADEMARK
- Use of TM symbol - It warns others from copying your logo, name or symbol. Using the trademark symbol after a logo or phrase alerts the competitors that you have claimed this symbol or phrase as your own, but you don’t have to even formally apply for it.
- Use of R symbol - Only trademarks that have been officially granted by the Trademark department can use the ® symbol, which stands for registered trademark. You get the R symbol as soon as you file the trademark application for registration. This symbol helps protect the trademark from getting copied by others.
- Use of SM symbol - Companies that sell services and not products, have the option to use the service mark logo, but most use the ™ instead for simplicity. The service industry uses this symbol. It is also not guaranteed protection against copyright issues.
The Trademarks that are prohibited or not registerable:
A mark cannot be registered as a trademark if:
- It is of such nature as to deceive the public or cause confusion
- It contains or compromises any matter likely to hurt the religious susceptibilities of any class or selection of the citizens of India.
- It comprises or contains scandalous or obscene matter.
- Its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act 1950.
- Any name (this may even include personal or surname of the applicant or predecessor in business or the signature of the person).
- An invented word or any arbitrary dictionary word or words that do not directly describe the character or quality of the goods / service.
- Letters or numerals or a combination of the two.
- Usage of devices and fancy devices or symbols
- Usage of monograms
- Combination of colours and words or even a single colour in combination with a word or device
- The shapes of the goods and their packaging
- Three-dimensional sign
- Sound marks
TRADEMARK REGISTRATION PROCESS IN INDIA
- Brand Name Finalization
- Logo Design
- Hiring a Trademark Attorney
- Online Trademark Application Filing
- Application Review by the Registrar
- Examination of Trademark Registration Application
- Public of Your brand in Trademark Journal
- Approval for Trademark Registration
ADVANTAGES OF TRADEMARK REGISTRATION
- Legal Protection
- Brand Value
- Build Trust and Goodwill
- Acts as Brand Identity
- Intangible Assets
- Global Trademark Registration
TAKE A GENTLE LEAP WITH TRADEMARK REGISTRATION AT AAVANA
Protecting and securing your brand is as important as building it. Provide legal backing to your brand with Trademark registration and protect your hard work from going down the drain.
Are you planning to get your Trademark registration?
Aavana Corporate Solutions is the right choice. From the filing of a Trademark application to Trademark Renewal we do them all. We will also help you with trademark registration online. We have proven credibility in the market and provide services of good quality at rates you can afford. Our dedicated staff will assist you through the process of your trademark registration and offer on-time delivery with the documents required for trademark registration in India