In the growing startup culture in India, trademarks are pivotal in building brands and protecting intellectual property rights of businesses. Trademark registration in India provides protection to names, slogans, symbols, and logos of the brand. It prevents the unlawful use of any original brand in the market. In this blog, we will discuss the process of trademark registration, the documents required for that, and the advantages of having a trademark.
What Is A Trademark registration in India?
A trademark is defined under Section 2(zb) of the Trademark Act, as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. The Ministry of Commerce and Industry has a separate department named the Trademark Department that is responsible for handling the matters related to trademark registration in India.
Types Of Trademarks: Some of the prevalent trademarks in India are discussed below:
Word Marks: These kinds of trademarks include words, letters, and numbers. They generally represent the name of the brands.
Design Marks: Design marks are made using logos, symbols, and slogans.
Sound Marks: It protects unique sounds linked to a brand.
Colour Marks: Trademarks registration in India protects certain colours that represent a brand.
Shape Marks: Specific shape or packaging of a product is protected by the Shape Marks.
Pattern Marks: Pattern marks provide protection to special patterns used on brand.
Service Marks: It gives protection to the brands of services providers.
Who Can Apply For A Trademark Registration in India?
There are many entities that are eligible for trademark registration. Some of them are discussed below:
Businesses: All kinds of businesses that want to protect their names and logos are eligible for trademark registration.
NGOs: Any kind of non-governments organisation is eligible to apply for trademark registration in India for protecting their logos, names, and slogans from being copied.
Artists: Artists have the right to protect their intellectual property rights for their creations.
Professionals: All types of professionals, such as lawyers, authors, accountants, doctors, etc. can protect their intellectual property by obtaining a trademark.
Documents Required For online Trademark Registration: Here is a list of documents needed for trademark registration.
· Documents to verify the identity of the Applicant, like PAN Card or Aadhar Card.
· Utility Bills, such as electricity bill to verify address of the applicant.
· Passport to ascertain the nationality of the applicant.
· Certification of Incorporation
· Trademark details.
· Documents related to business address proof are also required for trademark registration in India
· Form TM-48, properly signed to confirm the Power of Attorney.
· Affidavit of prior trademark use (if applicable)
· Letter of Authorization (LoA)
· A statement declaring objectives of the business.
· Submit all the details of logo, brand, and Slogan
Complete Process Of Trademark Registration In India: Here, we have discussed the detailed registration process of trademarks.
Trademark Search
Trademark research is the initial process. Before starting the process of the application, you have to make sure that your proposed trademark is not matching to already assigned trademarks in the Registry database of Indian Trademark.
Filing the Application for Trademark Registration In India
You can apply for the trademark registration with Indian Trademark Registry office after finding a unique trademark that you want. It can be applied online through the official website or offline by submitting an application to the Trademark Office.
Scrutiny by the Trademark Office
After submitting the application for trademark registration in India, the officials in the trademark office will verify it, whether it is adhered to relevant rules and regulations.
Journal Publication
Once the trademark is passed by the officials of the trademark office, then it will be published in the Trademark Journal for public objection. It allows the individuals and businesses to object to the proposed trademark registration in India, if they believe that it violates their intellectual property rights.
Registration and Issuance of Certificate
If no opposition is lodged during the publication period or objection proceedings are decided in the favour of the applicant, then the trademark gets registered in the office of trademark, and a certificate of trademark registration in India will be issued by the Trademark Office.
Benefits Of Trademark Registration: Now, let’s know some of the advantages of registering trademark in India.
Legal Protection
It will provide you exclusive rights to use the registered trademark for your brand. It guarantees legal protection to logo, design, etc. of your brand.
Increased Brand Recognition And Credibility
Trademark registration in India can increase recognition and credibility of the brand in the market. It will increase the confidence of the customer in your brand and eventually enhance the sale of the product or services.
Intellectual Property Asset
A registered trademark is a valuable piece of intellectual property that you can use to grow your business in many ways.
International Access
Trademark registration in India will help you in expanding business at an international level, and you can have the opportunity to apply for international trademark protection.
Conclusion: The trademark registration process is very complex and time taking. It is not only a simple legal tool to protect your intellectual property, but it can also have the ability to impact your business in multiple ways. By acquiring the trademark, you can stand out in the market by getting a different identity. Lawgical India provide the best trademark registration service in India by giving you a personalised solution as per your requirement.