Trademark Registration

Trademark registration in India is the process of legally protecting a unique brand name, logo, slogan, or design used to identify and distinguish a product or service in the marketplace. The registration is done with the Indian Trademark Office, which is under the purview of the Controller General of Patents, Designs, and Trade Marks.

The trademark registration in India process involves filing an application with the appropriate class of goods and services, paying the necessary trademark registration fees in India, and going through an examination process to ensure that the trademark does not conflict with any existing trademarks. Once the trademark is approved, it is registered for ten years, renewable indefinitely, and the owner of the trademark is granted the exclusive right to use it for specified goods and services.

Trademark registration in India provides legal protection against infringement and allows the owner to take legal action against any unauthorized use of their trademark. It also helps in building brand identity and reputation, as well as increasing the value of the brand.

There are three types of TM Registration in India

• Ordinary Trademark Application: This is the most common type of trademark registration in India. It is filed with the Indian Trademark Office and covers a specific class of goods or services. Once the application is approved, the trademark is registered for ten years and can be renewed indefinitely.
• Collective Trademark Application: A collective trademark is used by a group of individuals or organizations to identify their products or services. It is filed by a representative of the group and covers a specific class of goods or services. Once the application is approved, the trademark is registered for ten years and can be renewed indefinitely.
• Certification Trademark Application: A certification trademark is used to certify the origin, quality, or other characteristics of goods or services. It is filed by a certifying organization and covers a specific class of goods or services. Once the application is approved, the trademark is registered for ten years and can be renewed indefinitely.

It is important to note that the application process and requirements for each type of trademark registration are similar. The main difference is the purpose and use of the trademark.

Online Trademark registration in India offers a wide range of benefits to businesses and individuals looking to protect their brand identity. Some of the key benefits of online trademark registration in India are:

• Exclusive Rights: Registering a trademark in India provides the owner with exclusive rights to use the trademark for the goods or services for which it is registered. This prevents others from using a similar mark, which could create confusion in the marketplace and dilute the value of the owner's brand.
• Legal Protection: A registered trademark in India provides legal protection against infringement and unauthorized use. If someone uses a registered trademark without permission, the owner can take legal action to prevent such use and seek compensation for any damages caused.
• National Protection: Trademark registration in India protects the country. This means that the owner of a registered trademark can prevent others from using the same or similar trademark in any part of India.
• Brand Recognition: A registered trademark helps to build brand recognition and creates goodwill in the marketplace. This can be especially important for small businesses or start-ups that are trying to establish a brand identity and differentiate themselves from competitors.
• Valuable Asset: A registered trademark can be a valuable asset for a business, as it can be sold, licensed, or used as collateral to secure financing. It can also add significant value to a business in the event of a merger or acquisition.
• Dissuasive Effect on Competitors: A registered trademark can dissuade rivals from using a mark that is identical to yours. The knowledge that a trademark is registered and legally protected can discourage potential infringers from attempting to use a similar mark.

To be eligible to apply for trademark in India, the applicant must meet the following criteria:

• Individual or Business Entity: The applicant can be an individual, partnership firm, limited liability partnership, company, trust, or any other legal entity.
• Use or Intention to Use: The applicant must either be using the trademark or have a bona fide intention to use the trademark for goods or services. In case of intent to use, the applicant must file a declaration stating the intention to use the trademark.
• Distinctiveness: The trademark must be distinctive and not similar or identical to an existing trademark. The trademark should be capable of distinguishing the applicant's goods or services from those of others.
• Not Prohibited: The trademark must not be prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950, or any other law.
• Appropriateness of Class: The trademark must be filed for the appropriate class of goods or services. There are 45 classes of goods and services under which a trademark can be filed.
• Proper Documentation: The applicant must provide the required documentation and information, including the trademark application form, a copy of the trademark, proof of use or intent to use, and the appropriate fee.

It is important to note that the eligibility criteria may vary depending on the type of trademark registration being sought, such as ordinary trademark, collective trademark, or certification trademark. Therefore, it is recommended to consult the best trademark registration company in India like Biatlegal for guidance on the specific eligibility criteria for trademark registration in India.

Before applying for trademark registration in India, there are several important things that one should keep in mind. Here are some essential details to be aware of:

• Conduct a Trademark Search: It is important to conduct a thorough trademark search before applying for registration. This helps in identifying any existing trademarks that are similar to the proposed trademark and can potentially lead to the rejection of the application.
• Identify the Appropriate Class: Trademarks are classified into different classes based on the goods and services they represent. It is important to identify the appropriate class(es) that the trademark should be registered under, as the registration is valid only for the specific class(es) for which it is registered.
• Choose a Distinctive Trademark: It is advisable to choose a distinctive trademark that is unique and not too similar to existing trademarks. This helps in avoiding rejection of the application and also makes the trademark easier to identify and protect.
• File the Application with Correct Details: It is important to file the trademark application with correct and complete details, including the name and address of the applicant, the trademark, and the goods and services for which the trademark is to be registered.
• Respond to Office Actions: If the trademark application receives any objections or office actions from the Trademark Office, it is important to respond to them in a timely and appropriate manner. Failure to do so can result in rejection of the application.
• Renewal: The trademark in India is valid for a period and needs to be renewed thereafter. It is important to keep track of the renewal date and renew the registration promptly.

The following documents are required for the registration of a trademark in India:

• Identity and Address Proof: The applicant needs to provide valid identity proof such as Aadhar Card, Voter ID Card, Passport, or Driving License. Additionally, the applicant needs to provide a valid address proof such as Utility Bill, Rent Agreement, or Property Tax Receipt.
• Trademark Image: The trademark image should be provided in the required format, i.e., JPEG or GIF format, with a size limit of 2MB.
• Power of Attorney: If the trademark application is being filed by a Trademark Attorney or Agent, a Power of Attorney authorizing the attorney/agent to act on behalf of the applicant is required.
• Details of Goods or Services: The applicant needs to provide details of the goods or services for which the trademark registration is being sought. The details should include the name of the goods or services, the class under which they fall, and a brief description.
• Priority Document: If the applicant claims priority from a foreign application, a certified copy of the priority document needs to be submitted along with the application.
• Affidavit of Use: If the trademark has been used before the filing of the application, an affidavit of use needs to be submitted along with the application.
• Authorization Letter: If the trademark application is being filed by a company, an authorization letter signed by the authorized signatory of the company needs to be submitted.

There are 45 trademark classes in India, which are divided into two categories:

• Goods: Classes 1 to 34 are for goods and cover a wide range of products, including chemicals, pharmaceuticals, vehicles, machinery, clothing, and food items.
• Services: Classes 35 to 45 are for services and cover a range of services, including advertising, financial services, telecommunication services, education, and healthcare.

When registering a trademark in India online, it is important to choose the appropriate class or classes that correspond to the goods or services for which the trademark will be used.

The procedure for trademark registration in India can be summarized as follows:

• Trademark Search: Conduct a trademark search to ensure that the proposed trademark is not already registered or is not deceptively similar to an existing trademark.
• Trademark Application: File a trademark application with the Trademark Registrar in India. Either offline or online applications can be submitted.
• Examination: The Trademark Registrar examines the application to ensure that it meets all the requirements for registration. If there are any objections, the applicant is allowed to respond.
• Publication: If there are no objections, the trademark application is published in the Trademark Journal. Third parties have an opportunity to oppose the registration of the trademark within three months of the publication.
• Opposition Proceedings: If an opposition is filed, the matter is heard by the Registrar. If there is no opposition or if the opposition is unsuccessful, the trademark is registered.
• Trademark Registration Certificate: Once the trademark is registered, the Trademark Registrar issues a registration certificate to the applicant.

The entire process can take around 12-18 months from the date of filing the trademark application, and it is important to note that the timeline may vary based on the specifics of each case.

Several trademark objections may arise while filing a trademark application in India. Some common trademark objections are:

• Similarity to an Existing Trademark: The Trademark Registry may object to a trademark application if it is similar to an existing registered trademark in the same or a related class.
• Generic or Descriptive Trademarks: Trademarks that are generic or descriptive of the goods or services for which registration is sought may be objected to by the Registry. Such trademarks are considered to be incapable of distinguishing the goods or services of one trader from those of another.
• Offensive or Immoral Trademarks: Trademarks that are offensive or immoral may be objected to by the Registry. Such trademarks may be considered contrary to public policy or morality.
• Deceptive Trademarks: Trademarks that are deceptive or misleading may be objected to by the Registry. Such trademarks may create confusion among consumers and are considered to be contrary to the interests of the public.
• Non-compliance with Trademark Rules: Trademark applications that do not comply with the rules and regulations of the Trademarks Act may be objected to by the Registry. For example, if the application does not contain all the required details or if the prescribed fees are not paid, the application may be objected to.

BiatLegal is a reputed legal service provider that offers trademark registration services in India. Here are some advantages of choosing BiatLegal as a Trademark consultant for your trademark registration needs:

• Expertise and Experience: BiatLegal has a team of experienced trademark attorneys who have extensive knowledge of trademark laws and regulations. They can provide expert guidance on the trademark registration process, conduct a comprehensive trademark search, and handle any opposition or objections that may arise during the registration process.
• Cost-effective: BiatLegal offers cost-effective trademark registration services, with transparent and competitive pricing. They can provide customized trademark registration packages to suit the specific needs of your business.
• Timely Services: BiatLegal understands the importance of timely trademark registration and provides efficient and prompt services. They ensure that all the required documents and information are submitted on time and that the registration process is completed within the stipulated time frame.
• Online Services: BiatLegal provides online trademark registration services, which are convenient and hassle-free. You can submit your trademark application and track its progress online, from anywhere in the world.
• Personalized Attention: BiatLegal provides personalized attention to each client, with a dedicated trademark attorney assigned to handle your case. They can provide regular updates on the status of your trademark registration and answer any questions or concerns you may have.