How to register Trademark for your brand in India?

How to register Trademark for your brand in India?

In this blog, we will get to know about register Trademark for your brand and also the eligibility for Trademark registration.

How to register Trademark for your brand in India?

Generally, Trademark refers to a “brand” or “logo”. Trademark gives your business separate identity. It also indicate the origin as well as the quality of the goods.  A brand could be a domain name, product name, business name, slogan, logo, term, design or other feature that distinguishes a product or service from an entity from those of others. Branding is more important for all businesses that are involved in manufacturing of products or providing of services. Brand name registration involves multiple processes such as domain registration, business name registration, trademark registration and copyright registration, as follows:

Register your domain                                                        

Branding starts with domain registration, as many people search through online for businesses, products and other services. Online presence has become a must for all businesses and it is important to lock-in the required domain name for the business, which is synonymous with the brand name. Domain name registration is the first step in brand name protection or brand name registration, as it is both cheap and instant.

Therefore, it is important to first register the domain related to your brand. Most popular domain names ending with .com or .net have already been registered, so a business have to settle for a domain ending with .in or .co.in or other similar extensions. Domain name availability can be searched through Google Domains or GoDaddy.

Business Registration       

For start-ups setting up a new business, the branding exercise starts from the selection of business name. Business name is legal name of the entity, reflected on the bank account of the business, tax registration, legal documents, employment contracts, etc., Business name doesn’t have to match the brand name or website of the business. However, it is nice to have a business name that is similar to the domain and brand name. An example of a business name that matches the brand name would be Makemytrip; wherein, the brand name Makemytrip matches the company name – Makemytrip Limited. An example of a business name that doesn’t match the company name would be Health Kart; wherein, the brand name is Health kart and the company name is Aquamarine Healthcare Private Limited.

Once the brand name is decided, the Entrepreneur can use the Ministry of Corporate Affairs Company or LLP Name Check facility to search for available brand names. It is important to remember that the Ministry of Corporate Affairs does not approve any proposed business name that is similar or identical to that of an existing company or LLP or trademark.

Trademark Registration

Trademark registration is the registration that can afford absolute brand name protection. It can be used to protect the brand name, business name, slogan, logo, design and more. Therefore, businesses that are planning to invest significantly in branding or brand promotion must definitely obtain trademark registration. Application for trademark registration must be filed under one or more of the trademark classes that relate to the goods or services to be sold by the business.

Once a trademark application is filed with the Trademark Registrar, the TM symbol can be placed next to the trademark. Trademark registration is a long process that could take more than 1 year from the date of filing. Therefore, application for trademark registration should be made as soon as possible, and the application must be tracked until the trademark is registered completely. Once the trademark is registered, the R symbol can be placed next to the brand to put others on notice that the brand is a registered trademark. Trademark registration is one of the part of brand registration in India.

Example of trademarks

Coca cola and Pepsi are two trademarks from same beverages industry which distinctly identifies source or origin of the goods as well as an indication of quality.

In India, Trademarks are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are listed under the Trademark Act, 1999 and provide the mark owner the right to take action on the infringers.

However, any trademark, which is identical or similar to an existing registered trademark or trademark for which application for registration has been made, then it cannot be registered. Also trademark to register that are likely that are similar to cause confusion cannot to be registered.

Who can apply for trademark?

Consequently, Trademark can be applied by any individual, company, proprietor or legal entity claiming to be owner of the trademark. The application for trademark can be filed within one or two days, then you can start using “TM” symbol. The time required for trademark registry to complete all formalities is 18 to 24 months. You can use the R (Registered symbol) next to your trademark once your trademark is registered and the certificate is issued. Once a trademark is registered it is valid for 10 years from the date of filing, which can be renewed time to time.

Documents required for filing Trade Mark Application

  • Trademark or logo copy
  • Details of the Applicant like name, address and nationality and for company, the state of incorporation is necessary.
  • Goods or services to be register
  • first use of the trademark date in India
  •  Power of attorney which is duly signed by the applicant
Steps involved in Trademark registration in India
  • Initially, Select and authorize a trademark agent or attorney to guide or represent you.
  • The attorney conducts a Trademark search.
  • Depending upon the results, the trademark attorney will draft your trademark application. In case, if the trademark is used by someone already, then you may have to change yours.
  • The trademark attorney will file your trademark application with the Trademark Office and send you the details along with the receipt.
  • After a few days, the trademark attorney will provide you the Original Representation Sheet of your trademark, as it has been filed with the Trademark Office.

It can take anywhere more than 1 to 2 years for the Trademark Office to decide whether or not to grant you the trademark. If there are objections from the trademark office then it may take longer. And your trademark will be published in the Trademark Journal.

An overview of Trademark registration process in India

An overview of Trademark registration process in India

Here in this blog we have discussed about overview of Trademark registration process in India and also benefits of protecting your business mark.

An overview of Trademark registration process in India

Chiefly, trademark is a type of intellectual property rights and it can be a word, name or symbol or combination of both, acquired by any type of business people or company in order to show the difference between their products and the products of other companies. Further, Trademark is commonly known as brand name. Mark can be acquired by any type of business organisation, individual or any legal entity. It governed by Trademarks act of 1999, The Trademarks rules of 2002, and the Trademarks amendment act of 2010.

Overview of Trademarks

Initially, Trademarks are registered and governed under the overview of Indian registration act, 1908 by signing a declaration for ownership. In 1940, the trademark act came into existence and it was the first law amended by the trademarks amendment act, 1943. The trademark registry was enclosed under the patent office which was later separated to the trademark registry office. It was again modified by the Trade Marks Amendment Act, 1946. 

On 25th November 1959, the Trademark Act, 1940 was replaced by the Trade and Merchandise Act, 1958. The Trade and Merchandise Act, 1958 was reviewed by the new Trademark Act of 1999. The main purpose of this act was to improve trading and commercial practices and develop the globalization of trade and industry. The Trademark Act, 1999 was governed by the Trademark Rules of 2002.

Types of Trademarks

The overview of different types of trademarks are:

Product Mark

Consequently, a product mark is one type of trademark used on a business good rather than on service. This trademark is mainly used to identify the origin of the product and also helps in maintaining the reputation of the business. For example, Nestle, Amul, Arun etc. 

Service Mark

The overview of service mark is quite similar to that of the product mark but service marks are used to identify the services of the entity rather than a product. For instance, the trademark for network and broadcasting services as they help the service provided. Applications that are filed under trademark 35-45 classes represents the service mark. For example, Apple, Google, etc.

Collective Mark

A collective mark is registered only in the name of organizations. When a group of individuals aims to protect a service or goods collectively on the overview, this type of marks are used. Any association or any public institution or a Section 8 Company can be a mark holder. For example, Reliance Communications, Tata Sons, etc.

Certification Mark

This type of trademark is a sign which shows the origin of the product, quality, material or any other specific details of the product issued by the proprietor. The main use of this mark is to standard and worth of the product. Certification marks are commonly used on packed foods, toys, and electronics. For Example, ISI, ISO, etc. 

Benefits of trademark registration

Exclusive Rights

In evidently,The proprietor of Registered Trademark has the selective right over the trademark. The proprietor can utilize the same for every one of the items falling under the classes submitted the application. Moreover, the proprietor can enjoy the sole responsibility for Trademark and can prevent others from the unapproved use of the Trademark under a similar class where it is registered. It gives the privilege to sue from the unapproved person using the Trademark Registered.

Builds trust and understanding

In the event, Trademark builds the trust and understanding among the clients in the market. It helps in making true and also lasting clients who will reliably choose the same brand.

Differentiates Product

Consequently, it makes your product or service unique, and acts as an effective promotional tool. The logo conveys your product vision, quality or attribute for your organization and any association.

Identity to product’s Quality

In addition, Trademark offers identity to the overview of value of the product or service. Clients connect the service or product’s quality with the brand name, as they can distinguish the quality of a product or service by the logo.

Asset Creation

Thus, Registered trademark is a privilege made which can be sold, assigned, franchised or economically contracted. Additionally, the Trademark is intangible asset which gives the benefit to the organisation.

Global Trademark Registration

In case, one needs to register the trademark in nations other than India, the trademark enrolled in India can be utilized as a premise of enrolment there. For any individual who is willing to extend outside India, the trademark enrolled in India can be provided as a decent base along with the established Goodwill in the country.

Who can apply for Trademark? Company or its promoter?

Moreover, the promoters of the company are those who promote the company to the operation stage. Till a company is not in existence, the name cannot be entered as applicant. In this case, the promoters of the proposed company, then they can apply for the Trademark in their own name.

Thus, By Trademark registration, the promoters will be guaranteed to initiate operations with security and no one can make an unauthorised usage of their brand name. After applying Trademark, the Company can use TM or R symbol which is an indicative sign of ownership to all competitors as well as customers who wants to approach the entity.

Further, a company already incorporated can get the Trademark on its own name based on goodwill earned and get protection against infringement.

Company as Applicant for Trademark Registration

Initially, the appropriate classes based on business activities and product is selected to make a brand name search. Once after confirming the availability of brand name, trademark application in name of company is made after appointment of Authorised Signatory and an Attorney

Simultaneously, The name under trademark registration can be same as that of company’s name or a different brand name. Apart from the brand name or company name, one can file separate applications for the name of products by which the product or services of the company known in market. For Example, Paytm is a well-known brand of “One97 Communications”, where the product is known in the name of Paytm. In the same way, a company can produce its goods in another name and can get the Trademark in its product name also.

If I Can’t Copyright Something, then Can I Trademark It?

Consequently, Some of the creations that cannot be copyrighted, it can be trademarked. For example, you can trademark a name, short phrase, or slogan, along with a logo.

trademark is a word, or name, symbol, or device, or combination of both which is used to identify and distinguish the goods or products of one company from those of others. For example, your company name can also be trademarked, along with your logo that goes along with your company name.

You might also be able to trademark the name of a product your business sells (in addition to patenting the product, if it is something new) so that no one else can use the name.

Moreover, A service mark is another type of trademark, used for service businesses. For example, insurance companies and delivery services use service marks.

Can I Trademark a Business Name? 

Few things you have to consider while trademarking a business name:

  • Check the name with your state, to make sure no one else in the state is using it. 
  • Then, if no one else has the name you want to use, register your business name with your state. If you are forming a new business as a corporation, partnership, or LLC, your business name is registered automatically as part of the business registration. 

After all this, you might want to consider trademarking that name. However, not all business names have the ability to be trademarked. There are specific criteria for trademarking, and someone else may already be using the name. 

Documents Required for Trademark Registration
  • Applicant details like  Name, address, and nationality
  • Business type and its objectives
  • A copy of the brand or logo or slogan name
  • Identity and business proofs
  • Signed Form 48 by the applicant
  • Class of trademark must be filed under the application
  • In the case of a company or LLP, the incorporation certificate is needed
Protection for 10 Years at negligible cost

Once if the Trademark registration is done is it valid for a period of 10 year, till that there is no maintenance cost. It is cost efficient and helps your organisation to create a unique image among the people at very nominal cost.