TRADEMARK REGISTRATION

Introduction

A TRADEMARK refers to any distinctive combination of a word, phrase, symbol, or design—whether individually or in a combination thereof—employed in the course of trade. Its primary purpose is to identify and differentiate the origin of goods or services provided by one entity from those offered by others.

On the other hand, a SERVICE MARK functions in a similar fashion to a trademark. However, it specifically serves to identify and distinguish the source of a service rather than a tangible product. Both trademarks and service marks play a crucial role in establishing brand identity and fostering recognition in the competitive landscape of commerce.

For a substance or matter to qualify as a trademark, it must satisfy the following conditions:

• Qualification as a Mark: It should meet the definition of a mark as outlined in section 2(1) (m).
• Graphical Representation Capability: The mark must possess the attribute of being "capable of being represented graphically."
• Distinctive Capability: The mark should demonstrate the quality of being "capable of distinguishing the goods or services of one person from those of others."
• Actual or Proposed Use: The mark must either be currently in use or proposed to be used in association with specific goods and/or services. This criterion underscores the practical application and intention behind the utilization of the mark in the commercial realm.

Who Can Apply?

Any individual/Company/Partnership firm/LLP has the right to submit an application for the registration of a trademark to the Trademark Registry. The relevant jurisdiction for application is determined by the location of the applicant's principal place of business in India. In instances where a company is in the process of formation, an individual can apply on behalf of the future company, with the provision for subsequent assignment of the registration to the company's name.

Rights Conferred By Registration of Trade Mark:

Registration of a trademark grants the owner exclusive rights to utilize the trademark in connection with the registered goods or services. This exclusive right provides the registered owner with the authority to control and prevent unauthorized use by others.

In cases where a trademark comprises multiple elements, the registration affords comprehensive rights to the overall use of the trademark as a unified entity. This encompasses the entirety of the trademark, ensuring protection for the collective combination of its distinctive features and elements.

Benefits of Trademark Registration:

1. Business Opportunity - It provides a Business Opportunity to expand the business with the registered trademark and gives unique identity in the market when it compared to other competitors especially to sell it on online platforms like Amazon, Flipkart, any e commerce business etc.
2. Legal Protection cover - The registration of trademark gives the legal protection in the law from the person like copycats. If, by chance, someone tries to use your mark, you can file an opposition case against them for financial damages. you can take up the issue legally and sue them
3. Unique Identity - The registered mark gives the better identity and good recognition in the market and customers will identify a product or service only with the brand name or logo. A unique and distinctive logo immediately grabs the attention of your customers.
4. Intangible asset - The registered trademark creates valuable asset in the business which can be commercially contracted, sold and franchised to other person or any entity.
5. Loyalty - A recognizable business logo Brand name builds brand loyalty as your business grows and it becomes familiar/popular in a large number of consumers. This popularity creates the impression that your brand is trustworthy and reliable.

Requirements for filing Trademark application:

1. The name, address, and nationality of the applicant in all cases. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner.
2. If the applicant is a company, the country or state of incorporation along with Certificate of incorporation and MOA & AOA.
3. A list of goods and/or services for which registration is required.
4. Soft copy of the trademark to be registered.
5. MSME Certificate of the entity.
6. If the mark contains or consists of non-English words, a translation of those words into English is required.
7. Date of first use of the trademark in India, if at all used
8. Power of attorney simply signed by the applicant. Will share a draft once you provide all the docs.
9. Trademark class in which the registration needs to be made.

Trademark Fees:

1. 4500 RS. (GOVT FEE) + 2000 RS. (PROFESSIONAL FEE) INDIVIDUAL / SINGLE FIRM
2. 4500 RS. (GOVT FEE) + 2000 RS. (PROFESSIONAL FEE) COMPANY / PARTNERSHIP FIRM / LLP / NGO / SOCIETY (WITH MSME CERTIFICATE)
3. 9000 RS. (GOVT FEE) + 2000 RS. (PROFESSIONAL FEE) COMPANY / PARTNERSHIP FIRM / LLP / NGO / SOCIETY (WITHOUT MSME CERTIFICATE) 
4. 4500 RS. (GOVT FEE) + 2000 RS. (PROFESSIONAL FEE) COMPANY / PARTNERSHIP FIRM / LLP / NGO / SOCIETY (WITH MSME CERTIFICATE)

The List of trademark classes are as below: CLICK HERE

 

Procedure for Registration of Trademarks:

Navigating the trademark registration process can be intricate, with time constraints at each step.

1. Trademark Selection and Public Search: Choose a trademark and conduct a comprehensive public search through the Trade Marks Registry database to ensure its originality and absence of identical trademarks.
2. Trademark Application Submission: Utilize Form TM-A to submit the trademark application. Depending on the jurisdiction, this form can be submitted directly at the Trade Marks Office or digitally through the official IP India website.
3. Examination Report and Response: Following the application submission, the Trademark Examiner produces a mandatory examination report within 30 days. A response, addressing objections and providing supporting documentation, must be submitted within 30 days of receiving the examination report.
4. Hearing and Examiner's Decision: If the Examiner is unconvinced with the response or if issues persist, a hearing may be scheduled. Following the hearing, the Examiner may either approve the mark and submit the application to the journal or reject it.
5. Publication in Trade Marks Journal: The trademark is advertised and published in the Trade Marks Journal for 4 months after acceptance. Publication encourages public scrutiny, and any challenges must be filed within 4 months using Form TM-O.
6. Opposition Proceedings: If opposition occurs, the due legal process is followed, involving filing a counter-statement application, providing evidence, and participating in a hearing.
7. Registration: The final stage is registration, achieved when the application overcomes objections or opposition. If no opposition arises within the 4-month period, an auto-generated registration certificate is issued within 1 week. The registration is valid for 10 years and requires renewal thereafter.

Conclusion:

Effectively managing the duration of Trademark Registration Online in India and the subsequent renewal process demands a proactive approach from businesses in preserving their intellectual property. By meticulously adhering to designated timelines, fulfilling necessary documentation requirements, and staying vigilant to any alterations in the trademark, businesses can fortify their brand identity. The process of Online Trademark Registration in Jaipur, India, further guarantees that businesses can consistently strengthen the pillars of trust and recognition they have established in the marketplace. This proactive engagement ensures a sustained and protected presence for their brand in the competitive landscape.

 

For More on TRADEMARK Visit Trademark Certification

Want to apply for the TRADEMARK reach to our expert Ms. Rekha (+91-9811803136), Ms. Manju(+91-9711994042)