Overview

Trademark registration permits a Trademark to make use of symbols or words that are used to symbolize an industry or the goods presented by the industry. The Symbols or words that are used by a business differentiate the products or services offered by them from their contestants. After registration of a trademark, any other business cannot make use of it on the condition that it remains in use.

The Trademark applicant can begin using the ™ Symbol with the product once it is listed. The Trademark performs as an advantage for the Company; to safeguard the brand. An application for registering the trademark is mandatory. The procedure for registration of trademark in India has several stages and involves follow-up with the Government. Therefore, it is essential to be below the guidance of a professional for gaining trademark registration swiftly.

Any individual or legal unit can request Trademark Registration in India. Foreign citizens or foreign units can also request for Trademark registration. Similarly, a Trademark application can be requested by those applicants who wish to use it shortly.

Before beginning with the trademark registration, it is compulsory to know whether another lawfully recognized unit does not make use of matching or alike mark to sidestep legal action. Our counselor can simply support you proficiently do the trademark word search and offer appropriate backing all the way through the process of registration.

Eligibility For Trademark Registration

Any individual or legal entity can record a trademark application in India. There's no requirement for the mark to be used before applying. Hence, a trademark application will be filed under the category of "Mark proposed to be used" if the inventor of the word or mark wants to protect it before advertising the brand.

There is additionally no prerequisite for the trademark candidate to be an Indian resident or Indian business. Hence, any foreign national or foreign entity curious about securing a trademark registration in India can file a trademark application with no other requirements.

Documents Required for Registering Trademark

These are the set of documents that are needed to be signed and sent for the online Trademark registration:

• Self-proof of the Trademark owner
• PAN Card
• Passport
• Aadhar Card.
• Address evidence
• Udyog Aadhar Registration
• Certification of Incorporation (In the instance of a Company or LLP)
• Logo if valid and accessible

Trademark Registration Process

STAGE 1: Trademark Search

The primary stage is trademark search. The search should be carried out for number of combination of similar marks on the intellectual property website.

STAGE 2: Preparation of Application

The Trade Mark Attorney prepares the application. He prepares Form 48 and TM-1 for approval and sign of applicant.

STAGE 3: Filing of Application

The filing of trademark is completed by the Registry of trademark. The Government fee for trademark registration is INR4500.

STAGE 4: Processing by Government

Post the filing of trademark application and the processing by Government, one should periodically check the status of trademark application. In case of any kind of objection, the applicant must submit a reply within 30 days.

Why Trademark Registration is mandatory

There are numerous motives why trademark registration is compulsory for nearly all companies or keen entrepreneurs. It provides distinctive and lawfully recognized rights and also safeguards a trademark from unlawful copycats. There are several benefits of attainment of a registered Trademark and using the services. Let’s swiftly go through some of them.

Protection of Intellectual Property

1. It offers legal protection from the ill use or counterfeiting of a Company’s name or logo, which is regarded as the utmost valued asset for the Company.
2. The Trademark owner gets countrywide possession of the mark, which can be legitimately advocated in any court.
3. Registering diminishes the prospect of alternative parties appealing that your Trademark trespasses upon theirs.
4. It awards a certified notification that the Trademark is previously owned. Thus, an enterprise that embraces an alike confusing Trademark, later on, cannot claim unawareness of the mark.

 Powerful Restraining

1. A Trademark possessor gets the right to visibly publicize the brand as a recorded Trademark which signals others and anticipates the security of guiltless violation.
2. By registration of a Trademark, it will appear in hunt reports that are expected to dishearten others from continuing with the equivalent or parallel mark registration.
3. While in the case you are the earliest to list a Trademark, the National Trademark office in New Delhi will decline registration to any trademark that appears confusingly alike to one more such trademark.

 Legal Remedies

1. By registration of a Trademark, the trademark possessor can recuperate up to threefold compensations from an infringer.
2. The owner gets the assumption of being the lawful owner of the mark.
3. Registration of a Trademark raises the prospect of effectively filing a disagreement resolution policy for an invading internet domain name.

The Trademark offers the owner an instinctive right to sue in any court. An unregistered Trademark, in contrast, is open to suits

FAQs for Online trademark registration

Trademark registration is needed by whom?

The following can be registered as a trademark:  Any word, name, device, tag, number, or mixture of colours that can be signified graphically. The trademark that is to be registered should also be unique for the products or services that it proposes to be registered.

Registration of which trademarks cannot be done?

Any mark which is matching or alike to a current registered trademark or any trademark for which a request has been made, cannot be registered. Also, marks that would probably result in cheating or misperception or are aggressive in any manner may not be registered.

Also, geographical names, public names, collective trade words, and conjoint abbreviations can also not be listed as a trademark.

What is meant by trademark class?

To standardize the products or facilities which the trademark will symbolize, the trademark registry has a category of 45 Classes below which all kinds of products or facilities are signified. The trademark application should essentially state the type of goods or facilities the trademark will signify under one or more of the classes. 

Trademark registration is settled for that definite class of goods or services.

Is the validity of trademark applications across the world?

No, any kind of trademark listed in India will be legal only in India. Though, some countries use the trademark filing done in India as a base for the registration of the trademark in their country.

Can a trademark be registered by a foreigner or a foreign entity in India?

Yes, an overseas person or an overseas entity can request trademark registration in India.

How much time is needed to acquire a trademark registration?

An application for a trademark can be filed with the trademark registry in a period of 1 – 3 days. Though, it will usually take 6 to 24 months for the registry to finish its procedures and offer registration for the trademark.

When the tm mark is made use of?

The TM mark can be used together with the trademark as soon as the trademark application is filed with the Controller General of Patents Designs and Trademarks.

When is the ® mark utilized?

The ® mark can be made use of once the trademark application is sanctioned by the Controller General of Patents Designs and Trademarks and trademark registration is granted.

How long is the Trademark Registration valid?

Registered trademarks are valid for a duration of 10 years right from the date of filing. The holder of the mark can file for regeneration to keep the trademark security present prior to the end of its legitimacy.

What occurs when the Trademark Application gets denied?

In case the trademark examiner propels a hearing notice to the claimant and if there is no answer to the hearing notice within a duration of 30 days of receipt, then the application is mechanically denied. In this case, a new application is required to be filed.

Differences Between a Trademark, Registration & Copyright.

• When there is a TM on the brand name or logo, it indicates that the trademark application has been filed and the registration is under process. An applicant can use the TM beside his brand name or logo once the application is filed. He can use it until the registration is done. After completion of registration, the TM gets replaced by ® which means the trademark registration is completed and it is valid for 10 years.
  
• Copyright is for original works of literature, drama, music, art or intellectual property. Once an original piece is finished, it automatically receives copyright protection. Copyrights can be designated by attaching the symbol ©, the full word “copyright,” or the abbreviation “Copr.”