Trademark Registration in India
A company is identified by its branding and name. It’s a mark of quality that distinguishes the products and services offered by an organization from similar services, which are often a source of confusion in the marketplace.
Building a strong brand identity is essential in today’s fast-paced corporate world. As a result, trademarks are essential because they enable businesses to separate their goods and services from those of their competitors and further help the business establish a distinctive brand identity.
Trademark registration in India offers legal protection to businesses and restricts illicit utilization or replication by other businesses.
Trademark registration in India gives you the legal ability to sue those who try to replicate your brand and forbids them from employing a mark that is confusingly similar to your own. Trademark registration in India safeguards the money spent on winning your consumers’ respect and commitment.
Through this article, we will briefly be explaining the procedure for trademark registration in India, along with its importance and benefits.
Why Is Trademark Registration in India Necessary?
A trademark is a type of intellectual property that gives its proprietor the sole authority to utilize, license, or sell the mark. Trademarks are a symbol that can help you differentiate the products manufactured by your business from those of other companies and promotes awareness of the company and client loyalty.
It is essential to get a trademark registration in India due to the following reasons:
- Trademark registration grants the owner of the mark with legal control and sole rights to the brand, thereby protecting it from unauthorized use.
- It aids in fostering your consumers’ loyalty and trust.
- It enhances and safeguards the identity of your brand.
Benefits of Trademark Registration in India Protection
Trademark registration in India is always an excellent idea since it provides you with a variety of advantages.
Here are the top advantages of trademark registration:
- When you register your trademark, it will keep rivals from using your identical name.
- By doing this, you’ll be able to protect your business from the additional costs related to settlements for claims and damage. In today’s business world, there is a multitude of counterfeiters that try to earn money by copying designs of brands that have been successful.
- This could damage your brand’s image and the trust of your customers. If your products are counterfeited, it is easy to demonstrate your identity as the genuine producer, if your company or brand is licensed as a trademark under the Trademark Act.
- The trademark registration in India also alerts you of any existing brand on the marketplace. This ensures that you don’t get caught in any false accusations made against your company. Additionally, it will save you from the stress that comes with rebranding and resetting your business.
- Trademark registration in India will create a feeling of accountability within you. As the owner, you’ll be able to continue your hard job to offer high-quality products to your customers.
- Furthermore, trademarks are an asset to your company that can be purchased, sold, or licensed. You may also ask for fees if a retailer or shopkeeper would like to use your trademark.
Read More: Types of Intellectual Property Protection
Steps to Trademark Your Business in India
There are a few businesses and their owners who insist on putting off trademark registration in India until there is a serious issue in their business. This could be risky as another person could be able to trademark the name you’ve created the brand.
Instead of not waiting until it’s too late, start the trademark registration in India process early as you can.
Here’s the outline of the procedure:
Step 1:- Trademark Search
It is necessary to conduct a thorough search of your trademark’s logo and the name of your brand before proceeding with registration.
Conducting a trademark search will help you make sure that your suggested mark is distinctive and won’t compete with any already-registered trademarks. A thorough search reduces the likelihood of rejection and associated legal issues.
Step 2:- Trademark Class
Marks used in different industries are classified into various classes. There are around 45 categories of goods and services. Following the nature of your business, you may apply to have your business registered under different trademarks at the same time.
Step 3:- Filing an Application
After the trademark search has been conducted and the trademark class has been decided, the third step involves submitting the trademark application to the Trademarks Registry. Information on the mark, the category of products or services, and the applicable charge should all be included in the application.
Our experts at Odint Consulting can apply for a trademark on your behalf and submit the required information to the Trademarks Registry.
Step 4:- Examination Procedure
Once the application has been submitted, the register would carefully review it and write up their findings and send one of the copies to the applicant within 30 days for the candidate to understand whether the Registry intends to deny or conditionally agree to the application. They will additionally provide the evidence they used to reach that conclusion.
In the given duration, the candidate has to submit a reply outlining all the defenses and supporting documentation against the trademark office’s objections, and the proprietor has to offer justifications for the reason the application shouldn’t be rejected and should move forward with the registration process.
Step 5: Publishing of the application
Following the approval of the application by the examiner, it will be published in the Trademark Journal for a period of 4 months. Within the given duration, any third party may choose to submit a response opposing the applicant.
Step 6: Trademark registration certificate
In the event that no opposition had been submitted during the given time, a registration certificate will be generated automatically and provided to the candidate by the trademark registry office.
Read More: Check Trademark Application Status in India
Documents Required to Trademark Your Business
The documents you will need to supply when filling out an application for trademark registration in India for your company are:
- The logo for your business/brand.
- It is essential to provide them with an overview of your company. It is important to define the trademark class of which your company is a part.
- Form TM-48 Signed
- Aadhaar card or driving license passport of the owner of the business as proof of identity.
- The proprietor of the business is also required to present the company with a certified copy of its address proof documents.
Different Kinds of Trademark Registration in India
The many trademark registration forms that are available in India are shown below:
Service Mark
A service is identified by a service mark. The primary goal of the service mark is to assist in differentiating the proprietors from those of other businesses that provide services that are comparable.
Product Mark
A good or a product is given a product mark. A product mark aids in identifying the source of the product and safeguarding the reputation of the manufacturer.
Pattern Mark
The pattern markings apply to goods with a particular structured pattern that acts as its identifying feature. A pattern mark needs to be clearly distinguishable to be registered.
Collective Mark
The collective mark alerts customers to the distinctive qualities of the goods and services being utilized for representing a group. A group of individuals can employ this mark to collectively safeguard products and services.
Shape Mark
This is a form of trademark that safeguards the unique structure or shape of products. It is appropriate when the item’s form sets it apart from other items of a similar nature.
Certification Mark
A certification trademark is used to show that products or services are of a certain standard or possess a specific feature.
International registration of marks in India
You may submit an application in India to have your mark registered in member nations of the WIPO Madrid system. Such applications may be submitted digitally via the official portal www.ipindia.nic.in
Cost of Trademark
The trademark registration in India costs are:
- For startups, Rs 4500/- is the minimum amount for small and individual companies.
- Rs 9000/- for other situations.
Conclusion
For both companies and individuals wishing to safeguard their brand identification, trademark registration in India is a crucial phase. It provides exclusive rights, legal safeguards, and other advantages that support the expansion and development of businesses. Owners of trademarks can secure their unique intellectual properties by registering their trademarks with the relevant authorities.
You can get assistance from experts at Odint Consulting to register your trademark with the Trademark Registry in India. We can also help you with the appropriate information provision and can look up trademarks on your behalf. Contact us right away.
FAQ’s
Trademarks are overseen through the U.S. Patent and Trademark Office (USPTO). There is no legal requirement to sign up for trademarks. A business name may confer common law rights even without having to register it.
The process of registering trademarks is a lengthy procedure and can take between 18-24 months to get a trademark registration straightforwardly, without opposition or objections.
All trademarks registered to trade have validity for a period which is 10 years starting from the date of registration. When the time comes to expire, validity, a trademark can be renewed through the payment of the Government fee to register it.
It is not possible to trademark your name to use for business purposes. You’re only allowed to trademark a brand name you use in your business or plan to use in your business in the near future.
In India, there are 45 distinct trademark categories that are used to identify various products and services.
In India, trademark registration is good for ten years after the application date. At the end of ten years, it can be extended permanently to maintain ongoing security.
