Trademark Registration
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Trademark Registration
Building a brand demands significant time, effort, and investment. Therefore, it is essential to ensure you have the legal rights to use your brand’s unique elements—such as the logo, tagline, product shape, packaging, sound, fragrance, color schemes, and any other distinctive features that define its identity. A trademark is a form of intellectual property that sets your goods or services apart from those of other businesses in the marketplace.
In India, the Trademark Act of 1999 enables individuals and businesses to register trademarks, granting them exclusive ownership rights. This legal protection prevents others from using a similar mark and upholds the interests of the registered trademark owner.
After registration, the applicant can use the “TM” symbol alongside the brand to signal trademark protection. Trademark registration plays a vital role in safeguarding a brand’s identity in India. Given the procedural complexity and the need for continuous government correspondence, it is advisable to pursue trademark registration under the guidance of professionals, such as the experts at Expert Mantra.
Eligibility for Trademark Registration
Trademark registrations are commonly used to safeguard distinctive brand names, slogans, or coined terms. In India, individuals, companies, and non-profit organizations are all eligible to apply for trademark registration. However, the specific documentation and filing requirements may vary depending on the category of the applicant. The following categories are eligible to file for trademark registration in India.
An individual (Person)
An individual who is not currently engaged in any business can still apply for a trademark and secure registration for a symbol, word, or mark that they intend to use in the future. The application can be filed on a "proposed to be used" basis, allowing the applicant to reserve rights over the trademark before actual commercial use begins.
Joint Owners
Joint owners of a company can jointly file for a trademark, and it is essential that the names of all joint applicants are clearly mentioned in the trademark application. This ensures that the ownership of the trademark is legally shared and recognized between them.
Proprietorship Firm
A proprietorship firm must file a trademark application in the name of the proprietor, as the business and proprietorship names are not considered separate legal entities. If the application includes both the proprietorship and business names, these will be treated as distinct details, and only the proprietor’s name will be legally recognized for the purposes of trademark ownership.
Partnership Firm
A partnership firm applying for trademark registration must include the names of all partners in the application, with a limit of up to ten members. In cases where a minor is a partner, the application must clearly state the name of the guardian representing the minor in the partnership.
Limited Liability Partnership/LLP
For a Limited Liability Partnership (LLP), the trademark application must be filed in the name of the LLP itself. As an incorporated legal entity, the LLP holds a separate identity from its partners. Therefore, the partners cannot apply in their individual capacities, since the trademark ownership legally resides with the LLP.
Indian Company
Any Indian company—whether it is a private limited, limited, or any other incorporated entity—must file the trademark application in the name of the company itself. Since an incorporated company has a separate legal identity, the trademark belongs to the company, not to any individual. Therefore, a director or any other officer of the company cannot file the application in their personal name.
Foreign Company
When a foreign incorporated entity applies for a trademark in India, the application must be submitted under the corporate name exactly as it is registered in its home country. Additionally, the application should clearly specify the nature of the entity’s registration, the country of incorporation, and the applicable law under which it is registered. This ensures proper recognition and legal validity of the foreign entity’s trademark rights in India.
Trust or Society
If a trademark application is filed on behalf of a trust or society, it must include the name of the managing trustee, chairman, or secretary who is authorized to represent the trust or society. This ensures that the application is filed by an individual with the legal authority to act on behalf of the organization.
Documents required to register a Trademark online
Incorporation Certificate
Required when the trademark is registered under a company or a Limited Liability Partnership (LLP).
Partnership Deed
Needed if the trademark is being registered under a partnership firm.
PAN Card
Of the authorized signatory who is filing the application.
Aadhaar Card
Of the authorized signatory to establish identity and address.
Form TM-48 (Signed)
This is a legal authorization document that allows your attorney to file the trademark application on your behalf with the trademark registry. Our experts will prepare this form for your signature.
Logo
Make sure the logo is submitted in color, not black and white, so that all color elements are covered under the trademark registration.
Types of Trademark registration in India
Product marks, service marks, collective marks, certification marks, shape marks, sound marks, and pattern marks are all different types of trademarks that can be registered in India. While each type serves a unique purpose, they all share a common goal—to help consumers distinguish the goods and services of a particular manufacturer or service provider from others in the market. Here’s an overview of the various types of trademark registrations available in India.
Product Mark
A product mark is specifically used for goods or tangible products, as opposed to services. It helps identify the origin of a product and plays a key role in maintaining the company’s brand reputation. Since product marks represent physical commodities, trademark applications filed under Classes 1 to 34 are generally categorized as product marks.
Service Mark
A service mark functions similarly to a product mark but is used to identify and distinguish services instead of physical goods. Its primary purpose is to differentiate the service provider from others offering similar services in the market. Trademark applications filed under Classes 35 to 45 are typically classified as service marks, as they pertain to various types of services.
Collective Mark
A collective mark is used to inform the public about the distinct qualities of products or services that represent a group or association. It allows a group of individuals or entities to collectively protect and promote their goods or services under a unified identity. The trademark holder of a collective mark can be an association, a public institution, or a Section 8 company, and the mark is typically used by the members of that group in accordance with defined standards.
Certification Mark
A certification mark is a sign granted by the proprietor to signify that a product meets certain established standards related to origin, material, quality, or other specific criteria. Its primary purpose is to assure consumers that the product has undergone standardized testing and complies with defined quality benchmarks. Certification marks are commonly found on packaged goods, toys, electronics, and other items where verified quality and safety are essential.
Shape Mark
A shape mark is used specifically to protect the unique shape of a product, allowing consumers to associate that shape with a particular manufacturer or brand. If the shape of the product is distinctive and capable of identifying its source, it can be registered as a trademark to prevent others from copying or imitating it.
Pattern Mark
Pattern marks are used to protect products that feature a specific, recognizable design pattern that serves as a key element of their identity. For a pattern mark to be eligible for registration, it must be unique and clearly distinguishable. Generic or ordinary patterns that lack distinctiveness are typically not accepted for trademark protection.
Sound Mark
A sound mark is an audio signature uniquely associated with a product or service, helping consumers identify its source through sound alone. Often referred to as audio mnemonics or sound logos, these are typically played at the beginning or end of advertisements. One of the most well-known sound marks in India is the distinctive tune used for the Indian Premier League (IPL).
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Frequently Asked Questions…
What are the due dates for filing a trademark application?
There are no fixed “due dates” for filing a trademark application. You can apply at any time. However, it is advisable to file as early as possible to establish priority and protect your brand before someone else registers a similar mark.
Who is required to apply for trademark registration?
Any individual, company, LLP, partnership firm, trust, or society that wishes to protect a brand name, logo, slogan, or any unique brand identifier can apply for trademark registration. The applicant must either be using the mark or intend to use it in the future.
Why is it important to read the instructions carefully before applying for trademark registration?
Reading the instructions ensures that you submit the correct documents, select the appropriate trademark class, and comply with legal requirements. Mistakes or omissions in the application can lead to delays, objections, or rejection.
What happens if I miss the due date for filing a trademark application?
Since there is no statutory deadline, you don’t “miss” a due date. However, delaying the application may allow competitors to register a similar trademark, which could affect your rights. In case of an objection, certain deadlines (e.g., for response) must be met to avoid abandonment of the application.
Can I file a trademark application for multiple classes of goods or services?
Yes, you can file a multi-class trademark application if your brand covers more than one class of goods or services. Each class requires proper specification and will be examined independently, possibly resulting in different outcomes for each class.
How long does it take to complete the trademark registration process?
The entire trademark registration process in India typically takes 6 to 12 months, depending on whether there are any objections or oppositions. If the application goes unchallenged, registration can be completed sooner.
What is the role of a trademark search before filing an application?
A trademark search helps you identify existing trademarks that are identical or similar to yours. This reduces the risk of your application being rejected or opposed, and allows you to make informed decisions before filing.
What are the benefits of trademark registration?
Trademark registration offers legal protection, exclusive usage rights, enhances brand value, helps prevent misuse by others, and builds customer trust. It also provides the right to take legal action against infringement and to use the ® symbol after registration.
Can I use the ™ symbol before my trademark is registered?
Yes, you can use the ™ symbol as soon as you file your trademark application to indicate that you claim rights over the mark. However, you can only use the ® symbol after your trademark is officially registered.
