Trademark
What is Trademark?
Trademark is an identifiable mark which distinguishes the goods or services from others, It can be a sign, design, slogan, logo, graphic, word or name. Trademark is an intellectual property for a business. Any person or legal entity can file a trademark application in India.
Trademark Registration also protects you against misappropriation by confusingly similar marks used by competitors. Protecting your unique name, logo, or slogan in the form of a trademark is one of the most important investments in your business.
In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government of India. You can register the trademark under the act named, The Trademark Act, 1999. The registration provides the right to sue against others who try to copy your trademark. Also, no one else can use a similar trademark to the one registered by another person. The mark does not necessarily have to be used before applying for registration although a prior used mark improves the chances of registration. Foreign nationals and foreign entities can also file trademark applications in India and secure registration without additional requirements.
A trademark is a unique mark or sign that represents a business and it is used to distinctively identify a company from another and build its credibility among consumers.
You can also register a trademark as an individual/ a proprietorship.
The World Intellectual Property Office (WIPO) has organised all goods & services under 45 classes. The first 35 classes denote products and the rest services.
Symbols of Trademark:
• TM : This symbol can be used after filing the trademark application until the trademark get registered.
• R : This symbol is used after getting the certificate of registration issued by the trademark authority.
• SM : This symbol is used for service marks to identify the services.
Benefits of Trademark Registration
1. Legal presumption of ownership nationwide
2. Differentiates Goods and Services
3. Creation of Assets
4. The trademark can be a valuable asset in case your brand creates a name and succeeds
5. Customers will identify a particular product or service only with the brand
6. It can be commercially contracted, sold and franchised
7. Builds trust and Goodwill
8. Right to use the trademark symbol R in circle
9. Provides an Edge to the market
To Avoid Rejection
Trademark could not be similar to existing mark and also not having bad or offensive words. Trademark can also rejected if it contains words of well-known personalities.
Important Note
Trademark cannot be legally copied by any other Company in the market. In case the registered trademark is copied by another, serious repercussions can be implied under Intellectual Property Act.
• Incorporation certificate (in case of Company or LLP)
• MEMORANDUM OF ASSOCIATION (MAO)
• ARTICLE OF ASSOCIATION (AOA)
• Identity Proof of DIRECTOR
• Address Proof of DIRECTOR
• LOGO / Design
• Copy of MSME Registration (If having)
FAQS
Any word, name, device, label, numerals, or a combination of colors that can be represented graphically can be registered as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered.
You can't get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. So there is a way out, but it is best to have a unique name.
Any mark which is identical or similar to an existing registered trademark or any trademark for which an application has been made, cannot be registered. Also, marks that would likely cause deception or confusion or are offensive in any way may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
No, any trademark registered in India will be valid only in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.
It can take anywhere between 6 months to 1 year for your trademark to be approved. However, we can apply and start using the ™ symbol within few days if we can get all the details and documents at the earliest.