Trademark Registration

Building a brand takes a lot of time, effort and capital. As a result, it’s necessary to make sure that you possess the rights to use your brand’s logo, tagline, product shape and packaging, sound, fragrance, colour combinations, and anything else that gives it a distinct identity. Trademark is a type of intellectual property which differentiates your product or services from other competitors in the market.

In India, the Trademark Act,1999 permits you to register a trademark. It allows for exclusive ownership rights and prohibits others from using the mark, favoring the registered mark’s owner.

Once a trademark is registered, the “TM” symbol can be used with the applicant and the brand. To protect the brand name, trademark registration in India is essential. It is typically best to seek trademark registration under the supervision of a professional, as the process entails several steps and needs constant government follow-up.

Eligibility for Trademark Registration

Trademark registrations are prevalently used to protect unique brands, slogans, or invented terms. Individuals, corporations, and non-profit organization can all file for trademark registration in India. However, each class of person or entity has its own set of requirements when it comes to filing a trademark application. In India, the following are eligible for trademark registration.

Eligibility for Trademark Registration

An individual (Person)

An individual who is not doing any business can also obtain a trademark application and obtain trademark registration for a symbol or word that is proposed to be used by the applicant in the future.

Joint Owners

The Joint owners of a company together can file for a trademark and both their names must be mentioned in the application.

Proprietorship Firm

A proprietorship firm may file a trademark application under its proprietor’s name but not under the business and proprietorship names. If you include a proprietorship name and a business name in your application, those details will be considered separately.

Partnership Firm

A partnership company must include all the names of the partners in the application while registering for a trademark, with a maximum of ten members. If a minor partner is present, the name of the minor’s guardian representing him must be mentioned.

Limited Liability Partnership/LLP

In the case of the Limited Liability Partnership, the application should be in the name of the LLP. It is an incorporated body where the partners have their own identity. The partners cannot be the applicant as the trademark belongs to the LLP.

Indian Company

Any Indian company, regardless of weather a private limited, limited, or any other form, must file a trademark application in the company’s name. It should be noted that any incorporated entity has its own identity, so a company’s director cannot be a trademark applicant.

Foreign Company

If a foreign incorporated entity applies for a trademark in India, the application must be made in the corporate name as it is registered in the foreign country. The nature of the registration, the country, and the law should all be mentioned here.

Trust or Society

If a trademark application is filed on behalf of a trust or society, the managing trustee, chairman, or secretary who is representing the trust or society must be named.

Types of Trademark registration in India

Product marks, service marks, collective marks, certification marks, shape marks, sound marks, and pattern marks are all forms of trademarks that can be registered. Despite the fact that there are various trademarks, their objective is the same: to allow consumers to identify goods and services produced by certain manufacturers or service providers. Let’s look at the different types of trademark registrations available in India.

1.Product Mark

In contrast to a service, a product mark is applied to a good or a product. A product mark assists in the identification of the product’s origin as well as the preservation of the company’s reputation. Because they represent commodities, trademark applications filed under the trademark 1-34 could be classified as product marks.

2.Service Mark

A service mark is similar to a product mark, except that it is used to identify a service rather than a product. The service mark’s main purpose is to help distinguish the proprietors from the owners of other similar services. The trademark applications are submitted under trademark classes 35-45, which could be considered service marks because they represent services.

3.Collective Mark

The collective mark informs the public about the unique characteristics of the products and services that are used to represent a group. This mark can be used by a group of people to protect goods and services on a collective basis. A trademark holder can be an association, a public institution, or a Section 8 corporation.

4.Certification Mark

It is a sign issued by the proprietor that indicates the product’s origin, substance, quality, or other specific data. The main objective of certification is to establish a product’s standard and to provide buyers with assurance that the product has passed standardized tests to ensure quality. Generally, certification marks can be seen on packaged goods, toys, and electronics.

5.Shape Mark

The shape mark is used exclusively to secure the shape of a product so that customers associate it with a specific manufacturer and choose to buy it. Once it is determined that the product has a distinctive shape, the shape can be registered.

6.Pattern Mark

The pattern marks are for products that have a specific designed pattern that serves as the product’s distinctive feature. Patterns that do not stand out as noteworthy are rejected. A pattern mark must stand out as distinct in order to be registered.

7.Sound Mark

A sound mark is a sound that can be linked to a product or service that comes from a specific supplier. Sound logos are also known as audio mnemonics, and they occur at the start and finish of commercials. The most popular sound mark in India is the tune for IPL.

Trademark Registration Process at KRB Finarch

How to obtain Trademark registration in India?

Here at KRB Finarch, we have a simplified process of obtaining a trademark registration in India.

Benefits of Getting Trademark Registration

There are numerous reasons to register a trademark, but the majority of them are required for all businesses and ambitious entrepreneurs because it serves as a valuable asset. Obtaining a trademark registration and utilizing the services has numerous advantages. Here are a few benefits.

Intellectual Property Protection

The legal protection provided by trademark registration is against the misuse or copying of the company’s name or registered logo. The trademark owner acquires legal ownership of the trademark, which can be enforced in any court. When a trademark is registered, the owner gains nationwide possession of the mark.

A trademark registration serves as a formal notice that the trademark has already been registered.

Powerful Deterrent

A trademark owner obtains the ability to publicly display his or her brand as a registered trademark, alerting others and eliminating the defence of innocent infringement. Once a trademark is registered, it will appear in search reports, preventing other applicants from pursuing the registration of the same or similar mark.

If you are the first to file a trademark, the National Trademark Office in New Delhi will reject to register any trademark that appears to be confusingly similar to another trademark.

Legal Remedies

The owner of a trademark can recover up to triple damages from the offender if the trademark is registered in India. The owner is presumed to be the rightful owner of the trademark. When a trademark is registered, the owner gains the ability to sue anyone who is misusing the mark in any court. Unregistered trademarks, on the other hand, are subject to legal action

Important things to know before getting a Trademark registration

With technological advancements, Trademark registration can now be done online. KRB Finarch has helped thousands of businesses across India.

Trademark Objection

The trademark examiner objects to your application for a variety of reasons, which is one of the first stages in the trademark registration process. The registrar seeks valid reasons or explanations about the mark and its registrability, rather than simply denying your claim. He offers the applicant the chance to explain how the trademark meets the requirements for successful registration.

Trademark Opposition

A trademark opposition is an objection filed by a third party against the registration of a trademark. The Registry accepts oppositions from any natural or legal person. This comprises individuals, businesses, partnership firms, and trusts (s). Notably, the person registering the opposition does not need to have an economic interest in the case or a previously registered trademark with the Registry to file the opposition.

Trademark Hearing

A trademark hearing is a physical appearance before the registrar of trademarks, either in person or by a trademark attorney or trademark agent, for the purpose of removing the proposed objections under review from a report issued following the filing of a trademark registration statement or application. If the registrar authority is not satisfied with the response lodged against the objection proposed in the final report in the procedure of trademark certification, a trademark hearing is held.

Trademark vs Copyright vs Patent

	Trademark	Patent	Copyright
What’s protected	Any word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another.	Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these.	Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.
Requirements for protection	A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good.	A fresh, valuable, and unusual invention is required.	A work must be unique, original, and created in a tangible manner.
Term of protection	As long as the mark is used in commerce.	20 years	Author’s life span+ 70 years.
Rights Granted	Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin.	Right to restrict others from manufacturing, selling, or importing the patented invention.	Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.