Registering your trademark gives protection to your brand name, logo, tagline as well as companies in their growth and expansion. In India, the Trademark Act,1999 helps you to register a trademark. Trademarks are a most valuable asset for your business. It provides an exclusive right to the owner and makes its business distinct from others. It is not mandatory by law, however it is safe for your brand name to have a trademark registration. It is best to get your trademark registration under the supervision of professionals as the process entails typical steps and needs constant government follow-up. Experts at Fincrat help you to file your Trademark Application easily with our constant guidance.
A trademark is a legally protected sign or symbol that distinguishes the goods or services of one entity from those of others. It can be a word, phrase, symbol, design, logo, sound, colour, or any combination thereof that is used to identify and differentiate products or services in the marketplace. Trademarks help consumers recognize and associate specific quality, origin, and characteristics with a particular brand.
The primary purpose of a trademark is to prevent confusion among consumers and to safeguard the reputation and identity of a brand. To establish and protect a trademark, it's often necessary to register it with the appropriate government agency responsible for trademark registration in a given jurisdiction. In the United States, for instance, trademarks are registered with the United States Patent and Trademark Office (USPTO). The registration process typically involves demonstrating the distinctiveness and proper use of the mark in commerce.
It's important to note that trademark rights are territorial, meaning they apply within a specific geographical region. Trademark law varies from country to country, so businesses seeking to protect their trademarks internationally need to navigate the trademark registration process in each relevant jurisdiction.
The following class of person or entity is eligible for trademark registration. However, Filing a trademark application for each class has its own set of requirements.
There are various benefits of registering a trademark, as it serves as a formal notice once it is registered.
Powerful Deterrent
A trademark owner can publicly display his or her brand as a registered trademark. Once a trademark is registered, it will appear in the search reports and prevent other applicants from pursuing the registration for the same or similar mark.
Intellectual Property Protection
Trademark registration provides various rights against the misuse or copying of the company’s name or registered trademark. Trademark owner acquires legal ownership of the trademark which can also be enforced in any court.
Legal Remedies
When a trademark is registered, the owner of the trademark has all the rights to sue anyone who misuses the mark in any court. The owner can recover up to triple damages from the third party. The owner also has the right to prosecute against any unauthorized violation.
Exclusive Rights
The Trademark owner has exclusive ownership of the trademark and can restrict others from using it in the class (es) in which it has registration.
Builds Trust and Loyalty
Trademark Registration helps owners to develop confidence and recognition among customers in the market. It helps businesses to develop loyal and long term clients, who can consistently choose your trademarked brand over others.
Differentiates Product
Trademark registration differentiates your product or service from your competitors and serves as a promotional tool for a company. It makes it easy for your customer to find your product.
Asset Creation
Trademark registration creates intellectual property for a company. It is a legal privilege that can be sold, delegated, franchised or contracted. Also, a trademark acts as an intangible asset in the balance sheet of a company that provides all advantages of such assets.
Legal Right to Use the ® Symbol
When a trademark is registered, you may use the ® symbol on your logo to indicate that it is a registered trademark and that no one else can use a similar trademark. If any other person uses the trademark without your permission, you can sue them on the ground of your exclusive rights of usage.
Proof of Applicant
PAN Card for identity proof
Aadhaar Card of Applicant
Proof of Incorporation (other than an Individual applicant)
Certificate of Incorporation in case of Company/LLP
Partnership deed in case of partnership firm.
Brand Name & Logo
The logo must contain the Brand Name applied to register a Trademark and the Logo should not be in black and white to ensure that all colours of trademark are covered under the registration.
MSME / Start-up Recognition
MSME or Start-up India Registration is compulsory as it provides a rebate of 50% on government fee, when doing the Trademark registration.
According to Section 7 of the Trademark Act, 1999 the Trademarks are classified on the basis of the International classification system called as Nice Classification (NCL), which was established in 1957 during the Nice Agreement.
There are a total of 45 classes of goods and services that fall under the above classification. The Classes 1 – 34 are for goods and Classes 35 – 45 are for services. Here are the brief details of all Trademark Classes.
Class 1 -Chemicals
Class 2 -Paints
Class 3 -Cosmetics and Cleaning Preparations
Class 4 -Lubricants and Fuels
Class 5 -Pharmaceuticals
Class 6 -Metal Goods
Class 7 -Machinery
Class 8 -Hand Tools
Class 9 -Electrical and Scientific Apparatus
Class 10 -Medical Apparatus
Class 11 -Environmental Control Apparatus
Class 12 -Vehicles
Class 13 -Firearms
Class 14 -Jewellery
Class 15 -Musical Instruments
Class 16 -Paper Goods and Printed Matter
Class 17 -Rubber Goods
Class 18 -Leather Goods
Class 19 -Non-metallic Building Material
Class 20 -Furniture and Articles Not Otherwise Classified
Class 21 -Housewares and Glass
Class 22 -Cordage and Fibres
Class 23 -Yarns and Threads
Class 24 -Fabrics
Class 25 -Clothing
Class 26 -Fancy Goods
Class 27 -Floor Coverings
Class 28 -Toys and Sporting Goods
Class 29 -Meats and Processed Foods
Class 30 -Staple Foods
Class 31 -Natural Agricultural Products
Class 32 -Light Beverages
Class 33 -Wines and Spirits
Class 34 -Smokers' Articles
Services
Class 35 -Advertising and Business
Class 36 -Insurance and Financial
Class 37 -Building, Construction and Repair
Class 38 -Telecommunication
Class 39 -Transportation and Storage
Class 40 -Treatment of Materials
Class 41 -Education and Entertainment
Class 42 -Computer, Scientific and Legal
Class 43 -Hotels and Restaurants
Class 44 -Medical, Beauty, and Agricultural
Following are the different types of trademark registrations available in India-
1.Product Mark
It is used to identify a product’s origin as well as the preservation of the company’s reputation. Trademark applications filed under Trademark classes 1-34 are classified as product marks.
2.Service Mark
A service mark is the same as the product mark, except that it is used to identify a service rather than a product. It helps to distinguish the proprietors from the owner of similar services. Trademark applications filed under Trademark classes 35-45 are classified as service marks as they represent services.
3.Collective Mark
The collective mark informs the public about the unique characteristics of the products and services that are used to represent a group. This mark can be used by a group of people to protect goods and services on a collective basis. A trademark holder can be an association, a public institution, or a Section 8 corporation.
4.Certification Mark
It is a sign issued by the owner of the business indicating the product origin, substance, quality, or other specific data. The main objective of Certification mark is establish a product’s standard and to provide assurance to the buyers that the product has passed standardised tests to ensure quality.
5.Shape Mark
It is used to secure the shape of your product so that customers can easily associate a product with a specific manufacturer and can choose to buy it. The shape can be registered, once it is determined that a product has a distinctive and unique shape.
6.Pattern Mark
The specific design patterns can be registered as a pattern mark which serves as a product’s distinctive feature. A pattern mark must stand out as distinct in order to be registered.
7.Sound Mark
It is a sound that is linked to a product or service that comes from a specific supplier. Sound logos are also called as audio mnemonics, and they occur at the start and finish of commercials. The tune for IPL is the most popular sound mark in India.
One of the initial steps in the trademark registration procedure is the trademark examiner objects to your application for a number of reasons. Instead of just rejecting your claim, the registrar looks for good arguments or explanations regarding the mark and its capacity to be registered. He gives the applicant the opportunity to describe how the trademark complies with the criteria for a valid registration.
The trademark examiner may occasionally find specific flaws or concerns with the registration of a trademark. These problems can include using the wrong name or facts on a trademark application form, using objectionable or misleading phrases, providing insufficient information about the goods or services, or using an identical or confusingly similar mark.
On the other hand, A trademark opposition is a court case in which one party seeks to prevent the granting of a trademark application. Third parties that believe your trademark might adversely affect them or their own trademark submit a trademark opposition with the trademark examiner in writing in the form of a notice. If the examiner determines that the objection has validity, they must notify the applicant, who has two months to submit a counterstatement to the Registrar.
The Registrar may decide to dismiss the opposition if they believe the counter statement adequately addresses it. Alternatively, the registrar may schedule a hearing with both parties if they believe there is more to be considered.