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Trademark Registration Process

Trademark Registration Process, Benefits and Documents Required | Filinglounge

Trademark refers to a unique name, logo, tagline, slogan etc which represents a business or it's products. Once your company is registered with the trademark registration then no other company or organization can use your company's name, logo, tagline, slogan for their commercial rights. In simple words, we can say that a trademark is the branding of an organization providing exclusive rights to the company. This unique logo or branding creates an impression in the minds of its customers which ultimately leads to the increase of sales. Suppose, you have created a company with a unique name and it is now in a good position with increased brand value. Now, if someone else creates a company with your company's name without your permission or that person is gaining profit in the name of your company then it will affect your brand value. So, to ensure safety against such fraudulent activities trademark registration plays an important role. Under trademark registration you can legally register your intellectual property and enjoy the benefits arising out of such a property. In India Trademark Act, 1999 governs the Indian Trademark Law.

Who can apply for trademark registration and what are the requirements for such registration?

Any individual, partnership firm, limited liability partnership , company ,etc who has intention of using such marks can apply for this registration for the goods and services owned by them. The two basic requirements of trademark registration are that the company's mark can be presented graphically either on paper or digitally and that the products and services should be unique and distinguishable from others.

What are the documents required for trademark registration?

The documents required are as follows:-
In case of individual or sole proprietorship-
  • 1. Copy of logo (optional)
  • 2. Signed form TM-48
  • 3. Identify proof of applicant
  • 4. Address proof of applicant
In case of partnership firm/ limited liability partnership/ company/ small enterprise-
  • 1. Copy of logo (optional)
  • 2. Signed form TM - 48
  • 3. Udyog Aadhar Registration certificate
  • 4. Incorporation certificate or Partnership deed
  • 5. Identity proof of the signatory
  • 6. Address proof of the signatory
Other Applicants Companies not having Udyog Aadhar Registration certificate, will have to submit-
  • 1. Copy of logo
  • 2. Signer form TM - 48
  • 3. Incorporation certificate or Partnership deed
  • 4. Identify proof of signatory
  • 5. Address proof of signatory

Types Of Trademark

There are seven types of trademark categories falling under two classes. These classes are 1-35 for products and 36-45 for services. Following are of the types of trademark :-

Product Mark -

As the name suggests, product mark is a mark used for goods or products. It is attached to the product to differentiate it's identity from other products. It falls under class 1-35 as they represent goods.

Service mark -

It is similar to a product mark but it represents a service instead of a product. It falls under the 35- 45 Trademark class as they represent services.

Collective Mark -

Collective mark is used to inform the public in general about the distinguished feature of a product or service that is represented collectively. The owner of such a collective can be an association or public institution or a cooperative society. For example Tata is a group that collectively owns Tata motors, Tata steel, etc. It represents that this brand contains various types of products or services.

Certification Mark -

A certification mark is used to denote that the products are certified and are of good quality. It is a sign that shows that the products had undergone required standard tests to ensure quality and guarantee to the customers. These marks are usually seen on food, electronics, colours, etc. Examples are ISO certification, FSSAI certified, etc.

Shape marks -

If there are goods that have some distinctive shape OK, then it can be registered. It is used to protect the shapes of a product that creates a brand image for customers. For example, the shape of chocolates like KitKat, and the shape of Coke bottles like Coca-Cola fall under this category.

Sound mark :

A sound mark is a type of Trademark where a sound does the function of identifying a product or service. These marks are most likely to appear before or after commercials like the tune for IPL, MGM's lion roar, etc.

Slogans or taglines -

These types of marks are where we identify a brand by hearing their slogans on taglines. Examples are "We are worth it" of L'oreal, "Daag acche hai" of Surf Excel ,etc.

Benefits of Trademark Registration in India

Importance /Benefits of Trademark Registration Trademark Registration in India is governed by the Controller General of Patent Design and Trademark Ministry of Commerce and Industry. Following are the benefits arising out of such registration:-

Legal protection -
Trademark Registration provides legal protection to the products and services of a registered company against fraudulent activities and provides safety against identity theft.

Easy identification of products/services -
This type of registration leads to easy identification of goods and services. It gives a distinguishable identity to a product or a service be it it's logo, sign, slogan, etc. the customers can easily identify to which brand the goods belong to.

Creates trust and goodwill -
Trademarks create a unique image in the minds of it's customers consuming such a product or service. It builds their trust and loyalty in the brand if the brand provides quality products or services. It also increases the Goodwill of the company.

Hiring and reducing costs through brand power -
Many young aspiring candidates dream and desire to work in these big brands as they have a positive image of such brands and organizations. These candidates are attracted to the job opportunities that these brands have to offer which in turn results in low hiring costs.

Exclusive rights -
The owners of the organization whose trademarks are registered under the trademark registration act enjoys exclusive rights over such trademarks. The owner can stop others from the unauthorized use of such trademark and can also sue the unauthorized user in case of infringement.

If you want to build a distinguishable brand image having a unique identity, in this case Trademark Registration is undeniable. It protects your company and it's products or services from many frauds. If you want to reach global ends then you can also register your company in countries outside India. Thus, it is advised to register your company's trademark. We at Filing Lounge will help with your trademark registration. All you need to do is connect with our team and we will guide you accordingly.

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