Trademark Registration
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Trademark Registration gives the owner an exclusive right to protect the Logo, Symbol, and Words as the identity of the Brand. To Protect your brand with our trademark registration services.
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Frequently Asked Questions
Trademark Symbols
Trademark
Service Mark
Register Mark
Copyright
What is the difference between ™ and ®
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.
Who can obtain Trademark
INDIVIDUAL
JOINT OWNERS
LIMITED LIABILITY PARTNERSHIP
TRUST OR SOCIETY
PROPRIETORSHIP FIRM
PARTNERSHIP FIRM
Register Your Trademark & Protect Your Brand Name From Intruders with Smart Trade Exim
A trademark is any mark, logo, name, symbol, letter, figure, or word used by any individual or firm to uniquely identify its goods or services from those made or sold by others. As a result, clients must be able to differentiate one’s goods or services from those of others. The requirements of the Trade Marks Act 1999 regulate trademark registration. Trademark registration is vital because the government legally authorises it to grant the owner exclusive rights to the brand, sale, manufacture, and use of products and services.
What are The Eligibility Criteria for Trademark Registration
Any individual, company, partnership firm, LLP, or sole proprietorship engaged in business activities can apply for trademark registration. The applicant must use a unique brand name, logo, or symbol that is not previously registered or already in use by another brand. The trademark should not contain offensive, generic, or misleading words and must clearly represent the business identity. Proper documentation proving identity, address, and business activity is required for filing.
Who Can Opt for Trademark Registration
- Any Individual Person
- Shared Ownership
- Partnership Firm
- LLP (Limited Liability Partnership)
- Indian Corporation
- Foreign Corporation
- Society or Trust
Kinds of Trademark Registration in India
- Service mark
- Marks in the Series
- Mark of Sound
Who Can Opt for Trademark Registration
- Exceptional Rights
- Increases Trust and Loyalty
- Product Differentiation
- Gives a sense of identity to a product's quality
- Creating Assets
- Use of the ® Symbol
- Protect Against Infringement
- Ten Years of Low-Cost Protection
- Global Trademark Registration
- Recruit Human Resources
Kinds of Trademark Registration in India
- Service mark
- Marks in the Series
- Mark of Sound
Importance of Trademark Registration in India
The importance of trademark registration in India is as follows:
- Exceptional Rights
- Increases Trust and Loyalty
- Product Differentiation
- Gives a sense of identity to a product's quality
- Creating Assets
- Use of the ® Symbol
- Protect Against Infringement
- Ten Years of Low-Cost Protection
- Global Trademark Registration
- Recruit Human Resources
Background of Trademark Registry
The trademark registry was founded in 1940, followed by the Trademark Act in 1999. Currently, the trademark registry serves as the Act’s operational or functional body. It can also be stated to be functioning concurrently. As a functioning entity, the trademark registry administers all of the laws and regulations of the Indian trademark Act.
The trademark registry’s headquarters are in Mumbai, with branch offices in Delhi, Ahmedabad, Chennai, and Kolkata. When registering a trademark, it is first registered under the Trademark Act of 1999, and then it is registered with the trademark registrar. Before registering a trade mark, the registrar will verify to see if it fits all of the Act’s requirements.
What are the Trademark Classes?
There are 45 trademark classes, and all goods and services are classified according to these classes. You must exercise extreme caution while selecting the classes since they will affect the validity of your trademark for your company’s products/services. If your company sells various goods and services that fall into several classes, you must guarantee that you may file for a trademark under all of the appropriate classes.
In India, some of the most common trademark classes are:
- Class 9 consists of mobile software (App) and electronics.
- Readymade Clothing is included in Class 25.
- Class 35: involves business management and advertising, online retailing or wholesaling, e-commerce.
- Education and entertainment are included in Class 41.
Steps Involved in The Plan of Trademark Registration
There are some steps involved in the plan of trademark registration-
Exceptional Rights
The registered trademark owner has complete control over it. The owner may use the same trademark for all other items that fall within the designated class(es) in the application. Furthermore, the proprietor owns the trademark and can prohibit others from using it in the class(es) in which it is registered. It also gives the owner the ability to sue for any unauthorised violation.
Increases Trust and Loyalty
Trademarks signify a product’s or service’s reputation and quality. Registering a trademark increases client confidence and recognition in the market. Furthermore, it contributes to the establishment of loyal and long-term customers who will continually choose your trademarked brand over others.
Selection of a Trademark
Remember to select a unique and distinct mark to represent your organisation. Another critical aspect is determining which class you belong to. There are now 45 kinds of products and services for which a trademark can be registered. Classifications 1–34 are for products, whereas classes 35–45 are for services.
Search for The Mark
Once you’ve decided on a mark, you should run a search to see if it’s comparable to an already registered mark. You may do this yourself by visiting the Controller General’s website for Patents, Designs, and Trademarks. A public search option is available on the website. After selecting this option, you must select your class and search the online database.
Application Submission
You can file a single application for several classes, series, or collective trademarks. Form TM-A must be completed for this. This form allows you to register your trademark in more than one class. This form has two distinct cost brackets:
- 9,000 rupees or 10,000 rupees If you are not a start-up, small business, or individual, you will fall into this category. You must pay Rs. 9,000 if you register the form electronically, or Rs. 10,000 if you file the form in person with the Office of TradeMarks.
- 4,500 rupees or 5,000 rupees This category includes individuals, small businesses (with MSME), and new businesses. The fee for e-filing the form is Rs. 4,500, or Rs. 5,000 if you file the form in person.
Make cautious not to make any mistakes when filling out the form since this may result in delays or even rejection of the application. You must fill out all the requirements and provide an image of the trademark with 9 by 5 cm dimensions. You may be needed to submit five copies of the same document. When filing, the whole file must be supplied with two duplicates.
Vienna Codification Procedure
The Vienna Categorisation, often known as the Vienna Codification, is an international classification of trademark sign components created by the Vienna Agreement (1973). Following the Trademark registration application filing, the Trademark Registrar will file the Vienna classification to the Trademark established on the marks’ figurative components. Accordingly, the trademark application status is normally indicated as “Sent to Vienna Codification” while this work is being done.
Online Procedure of Trademark Registration
The online procedure of trademark registration involves the following steps:
Search for The Brand Name
Choosing a different and offbeat brand name is a sensible choice because most generic names are already in the hands of someone. Furthermore, settling on a name necessitates a rapid research procedure to guarantee that you are not selecting a brand name that is already in use. The best thing is that you may develop a distinctive brand name by inventing or coining some phrases and combining them with generic terms.
Putting up a trademark application
The following supporting papers must be presented with the application for online trademark registration:
- Business Registration Evidence: Based on your registered business (for example, sole proprietorship, etc.), you must produce identification proof of the company’s directors as well as address proof. In the case of a firm, the address evidence of the company must be presented.
- The proposed mark’s proof of claim (if applicable) can be utilised in another nation.(sales invoices mentioning the brand name)
- The applicant must sign a power of attorney (Vakalatnama)
Submitting a brand name registration application
The two methods for filing the registration application are manual filing and e-filing (form TM-A). If you select manual filing, you must personally transport and hand over your application for registration to the Registrar Office of TradeMarks in major Indian cities such as Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. Following that, you must wait at least 15 -20 days to receive the acknowledgement. In the event of an e-filing system, however, you will immediately obtain your receipt of acknowledgement on the government website.
Examining the procedure of the brand name application
Once the application is submitted, the Registrar of Trademarks will review it to see if you fulfilled specific requirements and if your brand name fits with current legislation. Furthermore, there must be no similarity (visual or phonetical) of identity with any existing brand which is pending for registration.
Publication of your trademark in the Indian Trade Mark Journals
Following the examination procedure, if there is no objection raised by the registry (the stipulated time period may vary), the Registrar of Trademarks will accept and publish the brand name in the Indian trademark journal. This is perhaps the most crucial aspect of trademark registration. Within 4 months from the date of publication in the journal, any third party can oppose the instant application if there are any similarities between their brand name and the brand name in question. If within that time period no opposition is filed, the Registrar of Trademarks will issue the Trademark Registration Certificate.
Opposition to a Trademark
Suppose a third party files an objection within four (time period may vary) months of the trademark’s publication in the trademarks journal. In that case, the Registrar of Trademarks will provide you with a copy of the opposition notice. You must respond to the opposition notice within 2 months by filing a counter-statement. If the counter statement is not submitted within two months, the trademark application will be regarded as abandoned and refused. In case of both the Notice of opposition and Counter statement the government fee of Rs. 2700 is to be paid by both the parties while filing.
However, suppose no objection is filed within three months. In that case, this procedure will not apply to you, and your brand name will be accepted for issuing a Trademark Registration Certificate.
Trademark Opposition Hearing
This procedure does not apply to you if there is no such trademark opposition in your case.
Suppose a third party contests your trademark, and you respond within two months. In that case, the Registrar of Trademarks will send a receipt of your response to the third party opposing trademark registration.
You and the third party must produce evidence in support of your claims. Following the filing of evidence under Rule 45, the Registrar will hold a hearing for you and the third party. You may submit your evidence under rule 46 or a notice intimating the registry that you will be relying upon the counter statement which has already been filed by you. The Registrar will issue an order accepting or rejecting the trademark application after hearing both parties and examining the facts. If the Registrar of Trademarks accepts your trademark application, he will proceed with the registration procedure.
The Issuance of a Trademark Registration Certificate
The Registrar will approve your trademark application if there’s no objection being raised within the time period which may vary or on acceptance of your trademark application following a trademark opposition hearing. Wow! And the best moment for you would be when the Registrar issues the Registration Certificate with the Trademark Registry stamp. You can use the registered trademark sign (®) beside your brand name as soon as you get your certificate.