TRADEMARK REGISTRATION

For Trademark Registration

Being one official process, trademark registration too needs a person to provide some basic information on business, like:

• Name of an applicant
• Type of business
• Objectives
• Trademark (Slogan/brand/logo)
• Registration Address

It is also mandatory to provide applicant’s identity proof, which can be anything including an Aadhar card, passport, Voter’s ID or Driving License.

If you want to use a trademark to cover more than a single product or service, and those products or services fall into more than a single class (for example, metal products and clothing) additional fees are required for each additional class.

Step 1 - Choosing a Trademark:

It all starts with you picking and finalizing a unique mark for your organization. But, do make sure on firstly identifying your class that currently has 45 different categories of goods and services. Number 1-34 of these classes belong to goods, while the rest does to services.

Step 2 - Conducting a Trademark Search:

Choosing a mark is as important as checking for its unique self, to avoid copying any registered brand mark. Being a much simpler process, this can be done by visiting an online portal featuring controller general of patents, designs and trademarks. The site provides an option to conduct a public brand name search following choosing an appropriate class.

Step 3 - Filing Trademark Application:

After making sure that the trademark logo you have chosen is not listed in the Trademark Registry India, you can move for next step that is filing a trademark registration at Trademark Registry India, nowadays application can be filed online also. Once the application is filed an official receipt is issued immediately for the purpose of future reference.

Step 4 – Examination

Once a trademark application filed it will be goes under examination it might take around 12 to 18 months. After that trademark application might be accepted unconditionally, conditionally or object.

Which means if accepted unconditionally it will be published in the trademark journal and if not accepted then there will be some conditions to be fulfilled or objection mentioned in the examination report and duration of a month would be given to response to the objection mentioned in examination report or to fulfilled the conditions mentioned.

Step 5 – Publication

This step is taken for trademark registration process so that anyone having objection have opportunity to oppose for the same. If there is no opposition after 3-4 months from publication then the trademark proceeds for registration and if there is any opposition then decision is taken by registrar after a fair hearing.

Step 6 – Registration Certificate:

After the application of trademark registration proceeds for publication in trademark journal, a registration certificate is issued by the trademark office under the seal of trademark.

Step 7 – Renewal

once your brand name registration or logo is issued it will be protected for 10 years, you can renew perpetually after 10 years.

Who and what can be applied for Trademark Registration?

A trademark or brand registration can be applied by anyone including private companies, individuals, NGO’s, Trusts or even someone related to the government agency. Considering the “what” part, it actually includes quite a number of options ranging from logo, words, phrases, sound, images, colours, symbols to a combination of all the above mentioned. Although, one must try on making the trademark as unique as possible to make it stand out of the rest.

A Trademark which is registered is not only part of assets of company (or other business entity), but it also has a huge impact on company’s numbers in terms of market worth or turnover, this kind of registration is investment rather than a cost.

What are the benefits of getting a registered Trademark?

While trademark registration isn’t a compulsory but voluntary act, there are several advantages for you, as a business owner, to get convinced on proceeding the process.

• Legal Protection: One of the most amazing benefits is to have your logo legally protected against any infringement. Following which, no other person or organization can use it to sell their own products. Registration of trademark protect your revenue and rights for 10 years.
• Differentiates Products: Choosing one unique logo while carrying out a trademark registration search can give you a benefit of being able to differentiate your products from your competitors. Basically, your customers would know your products or services via your logo or trademark.
• Brand Appreciation: People would finally know you for your brand and products. It would help you grow really well.
• Creates assets: Registration in trademark creates an asset for a business. For income tax and accounting purposes trademark is considered as intangible asset.
• Valuation and good will: Registration in trademark enhances the overall value of business, net worth and goodwill in the industry. Your trademark communicates your company’s mission, quality assurance, different feature of your products or services.
• Expand business: A trademark establishes a relation between product of the business and the customers. Your trademark helps in expansion of customer base.

Application Filing:

• Filing under ‘One Class’- This option would register the trademark for an only class you chose. So, to proceed further all you need to is fill up the form TM-1.
• Filing under ‘Multiple Classes’ – Filing this would conclude your mark as a series or collective trademark, and can be done by filling a trademark application TM-A.
• Applicable for people who aren’t an individual, a start-up or a small organization.
• Unlike the one above, this is applicable for a small organization, start-up or even an individual.

Trademark can be done from any one of them given below or in any combination of the following:

• Logo
• Word
• Number
• Letter
• Phrase
• Graphic
• Sound mark
• Combination of colour or small