Empower your Business with Leading Indian Trademark Search API Solutions
Navigate Millions of Trademarks and Ensure 100% Consistent Growth of your Business
Navigate Millions of Trademarks and Ensure 100% Consistent Growth of your Business
Trademark Search Facility + Expert Lawyers = Peace of Mind
Register your trademark today to secure your brand's identity and protect your business. Gain exclusive rights, enhance your market presence, and safeguard against infringement.
The Trademark Registry was established in 1940, and the Trademark Act passed in 1999. At present, the trademark registry works as an operation or functional body of the Act. A trademark is a specific, unique sign used to determine or identify goods or services from a particular company or enterprise in the market.
Trademarks can take various forms, such as designs, pictures, signs, or even expressions. It is important to obtain a trademark registration to distinguish your products from competitors' products. However, a trademark is associated with a company's brand or product, classified as intellectual property, and hence protected from infringement. Additionally, trademarks and their rights are protected by the Trademark Act of 1999.
Nowadays, one can obtain a brand trademark registration online from their office and home. On the other hand, an offline procedure is also available in India for filing trademark registration. For a better understanding of the complexities of trademark registration, it is recommended to seek the help of a trademark registration agency or trademark registration consultants.
To protect trademark rights, one must obtain trademark registration. This trademark name registration helps prevent the specific brand, products, or services from copying the marks and misrepresenting other products. Subsequently, trademarks help consumers identify the brand and brand value in one look, such as the logo of Puma, Adidas, etc.
A trademark is a type of intellectual property consisting of a recognisable sign, design, phrase, symbol, word, or expression that identifies or determines a product or service from a particular source, thus distinguishing it from others. Meanwhile, trademark registration can be obtained by an individual, business organisation, or legal entity. A trademark may be located on a package, a label, a voucher, or the product itself.
Additionally, a trademark helps identify the source of goods or services, provides legal protection to brands, and safeguards against counterfeiting and fraud. Thus, trademark registration legally differentiates a product or service from all others of its kind and recognises the source or company’s ownership of the brand.
A trademark is a unique identification mark consisting of a logo or a combination of characters and numerals used by enterprises or companies to claim ownership of terms or designs representing its products and services. Subsequently, there are various types of trademark registration, that can be registered:
It is a mark used on products or goods rather than a service. An application for such a trademark shall be filed under trademark classification between 1 and 34.
A service mark is a mark used to represent a service, unlike goods or product marks. The primary objective behind this mark is to differentiate its owner from other service owners. An application for a service mark falls under the classification between 35 and 45.
A collective mark signifies the distinguished features of a product or service that represent a collective. Both groups and individuals can use such a mark to protect goods and services collectively. However, the trademark holder can be an association or a public institution.
The certification mark signifies the product origin, material, quality, or specific details issued by the proprietor. The primary objective of a certification mark is to bring out the standard of a product and to provide a guarantee to a customer.
Shape marks aim to protect the product's shape so that customers can find it relatable to specific manufacturers and prefer to buy the product. For example, Miranda bottles and Coca-Cola bottles.
Trademark name registration effectively safeguards the company’s brand's most important trademarks, such as brand names, logos, and product labels. Given below is the list of benefits of trademark registration:
After successfully registering their trademark, individuals and businesses establish ownership over a unique and distinctive mark on their goods and services. Hence, valuable intellectual property rights are also obtained exclusively, granting legal protection for using such marks.
Once the brand trademark registration is obtained, the concerned proprietor secures exclusive rights to use the registered mark in connection with the goods or services the registration covers.
It ensures exclusive rights to a proprietor on the mark, providing a legal right to take action against the unauthorised use of the mark. No individual or entity can use an identical or confusingly similar mark for similar products or services in the marketplace, safeguarding the reputation of the brand and its market position.
Section 29 of the Trademark Act provides legal protection against the infringement of a registered trademark. A proprietor with a registered trademark obtains the right to exercise this right against the unauthorised use or attempts to pass off a similar mark.
Trademark registration provides broader protection, unlike joint law protection. It prohibits the objectionable use of a registered mark, giving the trademark owner advantages not available to proprietors of unregistered marks.
A trademark registration establishes a legal record of ownership, which provides significant weight in legal proceedings. In a legal dispute, a registered mark serves as prima facie evidence of the mark's validity. Hence, it is easier for the proprietor to defend their mark against infringement or counterfeiting.
A registered trademark is an expression of the identity of the entity that possesses it. A trademark promotes the company’s brand value, net worth, and goodwill. Once a product obtains a registered trademark, consumers will begin to link the product with specific standards of quality, features, and performance levels in the market. Thus, company trademark registration enhances the company's image by maximising a consumer's confidence.
Company trademark registration helps the company expand by attracting new customers or consumers. A product with a trademark name registration fosters a good perception of the company, and thus, it leads to drawing more clients and consumers.
The Trademarks Act also provides various types of marks, such as collective trademarks and certification marks. Subsequently, individuals and organisations can register as standard trademarks and collective marks representing an association of traders, and Certification of Marks indicates specific qualities and standards of goods or services.
B. A proprietor establishes a strong association between the mark and the goods or services it represents by obtaining a brand trademark registration for his product. This eliminates confusion about the product source in the consumer's mind, thus enhancing customer loyalty and brand value.
Here, in India, trademark registration is open to a wide range of entities and individuals; following is the list of eligible applicants to apply for trademark registration online:
Registering a trademark in India ensures brand building, reputation, and legal protection. The documents required for trademark registration in India are mentioned below-
To build a unique brand identity and to protect intellectual property rights in India, one must undergo a legitimate procedure to obtain a company trademark registration. Below is a detailed explanation of the step-by-step process for Trademark Registration:
Firstly, the applicant must classify their trademark according to the predefined NICE Classification System. This NICE Classification System comprises 45 classes of goods and services, where classes 1 to 34 represent goods, and the remaining ones represent services.
Such trademark classification determines the scope of protection and use of a trademark, ensuring a precise foundation of the trademark registration process.
Secondly, the applicant shall diligently conduct a Entermark, including both local and international databases, to check and find out if any similar or identical marks exist that could create a challenge while registering the desired mark for the businesses.
After completing the pre-registration steps, the following steps are to file an application for trademark registration in the trademark registration portal. One can obtain trademark registration online and offline depending on the applicant's choices.
Such application shall be submitted before the concerned intellectual property official website or physically before the trademark registrar office having jurisdiction over the state.
This application for trademark registration must contain the necessary details, such as the logo, name and address of the trademark owner, classification or trademark class, and descriptions of goods and services.
After completing the trademark registration application, the next crucial step is to file the requisite fees or payment for processing the application physically or through a trademark registration portal.
After filling out the application fees with the Trademark Registrar, an applicant shall receive a trademark application allotment number. Such an allotment number helps the applicant track their application status. However, the applicant can affix a TM symbol next to the logo once the allotment number is provided.
Here, the concerned department will review and examine the proposed trademark registration. The authority shall determine the uniqueness and availability of the proposed trademark.
Additionally, the concerned authority, through an examiner, will verify if the mark meets the mandatory criteria of legal formalities according to the Trademark Act. An examiner shall make a report and highlight objections, if any, that may delay the trademark registration process.
The applicant must address the objections raised by the concerned authority at the time of the examination. The applicant shall respond to such objections within 30 days from the date they are raised.
However, once the examiner is satisfied with the reply to an objection, he shall proceed to the next step. In case the examiner is unsatisfied, a summons or a show cause notice shall be sent for hearing and solving the issues.
After the objections are solved, the approved application for trademark registration shall move forward to the publication stage. Here, the mark is published in the trademark journal, a document that is publicly accessible or available, inviting potential third-party opposition on the grounds of a similar mark. However, such opposition shall be solved or settled before the application for Trademark Registration is finally processed.
This is a stage where the third-party objects to the trademark application, hindering obtaining a trademark registration certificate.
This step involves negotiation, settlement, or legal proceedings to solve the issues raised by the opposite parties. After solving such matters, the concerned department will only consider the trademark registration application.
Once there are no objections or oppositions to trademark registration, a trademark registration certificate will be prepared and issued to an applicant. This certificate remains valid for 10 years from the date of application.
A trademark owner must be aware that trademark protection is not everlasting. Thus, a trademark owner must renew their trademarks to maintain their rights. Failure to renew the trademark before the deadline may result in losing legal protection.
An applicant who has filed a trademark registration online or offline are now able to check their trademark registration status by following the given below steps:
In India, trademark infringement is a cognisable offence, where the trademark violator shall be punished or charged with both criminal and civil charges. Additionally, an infringer shall be penalised if the trademark they use is not registered. Some awards passed by the court in the case of trademark infringement are Temporary injunction, permanent injunction, damages, account of profits, destruction of goods using the infringing mark, and cost of legal proceedings.
On the other hand, in case of criminal proceedings, the court shall impose the following punishment: imprisonment for a period not less than six months, which may extend to three years, and a fine of not less than Rs.50,000/-(fifty thousand), which may extend to Rs. 2,00,000/- (two lakhs).
The trademark registration fees for MSMEs range between Rs.5000 and Rs.7000, whereas for regular or non-MSMEs, they range between Rs. 11,000 and Rs.15,000. However, these charges include trademark registration consultant services.
The timeline for obtaining a trademark registration varies from one to another. However, it takes around eight months to 14 months. Potential challenges or factors such as objections, oppositions, and the workload of the concerned department can influence the amount of time taken to grant a trademark registration certificate.
At Entermark, we have a team of expert professionals and trademark registration attorneys; we understand the paramount importance of safeguarding enterprises' reputation and brand identity. We offer expert assistance in filling out a trademark registration application and choosing our services to obtain the trademark registration certificate seamlessly. Have a look at the reasons why we are the first choice of entrepreneurs for trademark registration in India-
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