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Trademark Registration in India

Trademark Registration in India

Trademarks are unique signs, symbols, names or taglines used to identify a product of a company. It is important to have a trademark so that your product of your company can be differentiated from others. The branding of your company gives you exclusive rights to it.

A Trademark registration allows you to legally register your intellectual property and protect it from infringement under the Trademark Act, 1999.

Unlike patents, a trademark does not have a long term validity of 20 years. It needs to be renewed every 10 years for an indefinite period of time in order to retain the trademark of the company.

Types of Trademark

There are 45 different classes of trademark. Class 1-35 are for Products and class 36-45 are for Services.
Some of the types are:

  • Product mark- Used for goods and products

  • Service mark- Used for services

  • Collective product- It is a distinguished feature of a product or a service which is used to represent it collectively.
  • Example- Tata logo for Tata group of companies.

  • Certification mark- it is used to denote that the products are certified and of good quality.
  • Example- ISO certification, ISI mark.

  • Sound mark- The sound usually appears before or after a commercial to identify a product or a service.
  • Example- Sound of MGM’s lion roar before a movie.

  • Slogan or Taglines- These are used to represent a product by its Tagline or Slogan.
  • Example- Raymond- ‘The Complete Man’.

How to Register for a Trademark Online

  • Choose a Unique Brand Name
  • Make sure you choose a unique brand name for your product. To get your brand accepted on the first registration you should ensure that your brand name is quirky enough to stand out.

  • Documents required for Application
    1. Business registration proof
    2. Soft copy of trademark
    3. Proof of claim of the mark so that it can be used in other countries
    4. Power of attorney signed by the applicant

  • Filing the Application
  • Unlike manual filing, which takes 15-20 days to get acknowledged, online filing does the job instantly. Once you have filed for a trademark online you will receive your acknowledgement immediately. This acknowledgement can now be used to showcase your beside your brand name.

  • Examination and Approval of Brand Name
  • After dispatch of your application the Registrar will make sure that you have followed all the valid terms regarding the brand submission. There should not be any conflicts among existing brands for registration.

  • Publication on Indian Trade Mark Journal
  • Once your brand name has been approved by the Registrar, he/she will publish it in the Indian Trade Mark Journal. If there are no oppositions for a period of 3 months after publication, your brand name can progress towards acceptance.

  • Trademark Certificate Issuance
  • If there are no oppositions within a period of 90 days after publication in the Trademark Journal, that means your application has been approved by the Registrar. You can now use the trademark beside your brand name.

    The complete approval of your Trademark application takes a period of 18-24 months. In this duration you can use the ™ symbol next to your brand name. Once the Trademark has been approved by the Registry, they will issue your Trademark Registration Certificate. This certificate is valid for a period of 10 years after which you will need to get it renewed.

    Benefits of Trademark Registration

    1. Legal Protection
    2. Once you have registered your product/service for trademark, your company receives legal protection against any identity theft.

    3. Easy Identification of products/services
    4. Defining a logo or symbol to your product makes it easily identifiable and this identity can also help differentiate it from other products.

    5. Increased hiring at Companies
    6. The brand power promotes a positive image of the company. Many young aspirants aim to work in these companies, thereby increasing its hiring capacity.

    7. Business Valuation and Goodwill
    8. Trademarks registered enhance the overall business value, goodwill and net worth in the industry. It basically communicates the company's quality assurance and it’s mission.

    For filing a Trademark application you can log-on to our website We are Private Consultants who provide services for Registration, Rectification, Objection, Opposition and Renewal of a Trademark as well as various other government applications. Furthermore, if you need more information on filing any Trademark related document, you can post your query on the chatbot available on our Home-page.
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