Registration of Trademarks in India

source: singhania

Trademark registration is a legal process that allows individuals or businesses to protect their goods or services from being misused by competitors. It includes a sign, image, logo, slogan, or other distinguishing symbols. Registration of trademarks in India provides exclusive rights to a company owner to use it. Also, it prevents others from using it without permission. 

Trademark registration is a complex procedure and requires applicants to be mindful of certain details before its application. In this article, you will learn about the trademark registration process and other important details related to it.

There are 8 types of trademark registration in India that apply to different products and services:

• Product Mark - It is used to recognise the origin of your product and helps to maintain the reputation of your business. 
• Service Mark - This mark is similar to a product mark and represents the service provided by your company. Service mark sets apart the proprietors from those who own different services.
• Certification Mark - The certification mark denotes a product's origin, material, quality, or other specific details, which the proprietor issues.
• Collective Mark - It is usually owned by an organisation. This mark helps in distinguishing the goods and services provided by the members of this organisation.
• Shape Mark - This mark is used to protect the shape of the product or service to help the customer identify the manufacturer and decide whether to buy the product or not.
• Series Mark - These marks refer to several trademarks that are similar yet very minutely different. Series mark belongs to the same owner of the goods and services.
• Sound Mark - This mark is used for people to identify the service or product while hearing the sound through the sound logos. A sound mark usually appears at the beginning or end of a commercial product show.
• Pattern Mark - Various companies make some specific patterns based on the products to protect them from getting copied by rival companies. This pattern is protected by a pattern mark.

While doing the registration of trademarks in India, it is important to choose the correct trademark class to ensure its validity. There are 45 trademark classes in total, where classes 1 to 34 are classified for goods and classes 35 to 45 for services. 

If your business offers products or services of multiple classes, it is important to submit separate trademark applications for each relevant class. The following are important trademark registration classes in India:

1. Trademark Registration Class 9:

• Scientific, Surveying, Nautical, Electric, Cinematographic, Photographic, Measuring, Optical, Checking, Weighing, Signalling, Teaching Apparatus, Life-Saving, and Instruments
• Apparatus for Reproduction of Sound or Images, Recording, or Transmission
• Mechanisms for Coin-Operated Apparatus
• Magnetic Data Carriers, Recording Discs
• Compact Discs, DVDs, and Other Digital Recording Media
• Calculating Machines, Cash Registers, Computers, Data Processing Equipment
• Fire-Extinguishing Apparatus
• Computer Software

2. Trademark Registration Class 25:

• Advertising
• Business Management
• Business Administration
• Office Functions

3. Trademark Registration Class 41:

• Education
• Providing Training
• Entertainment
• Sporting and Cultural Activities

There are certain classes that are only eligible to carry trademark registration in India. They are as follows:

• Individuals/Sole Owners
• Joint Owners
• Partnership Firm 
• Proprietorship Firm 
• Limited Liability Partnership 
• Indian Company
• Foreign Company 
• Trust or Society

Below are some documents which you are required to present for the registration of trademarks in India for your product or service:

For Individuals and Sole Owners: 

• Identity and Nationality Proof of the applicant. 
• Address Proof of the applicant. 
• Brief Description of products or services.
• Brand Details. 
• Copy of the Logo. 
• Trademark Application Form. 

For Limited Liability Partnership/Company: 

• Trademark Application Form. 
• Digital Signature Certificate (for online applications). 
• Limited Liability Partnership Certificate. 
• Certificate of Incorporation. 
• Udyog Aadhaar Certificate/MSME Certificate.
• User Affidavit. 

For Trust and Societies: 

• Identity and Nationality Proof of the applicant. 
• Address Proof of the applicant. 
• Contact Details of the Applicant. 
• Copy of the Logo. 
• Trust Deed/Registration Certificate. 
• Udyog Aadhar Registration Certificate. 

For Other Business Entities: 

• Identity and Nationality Proof of the applicant. 
• Address Proof of the applicant. 
• Partnership Deed of a registered firm. 
• Power of Attorney. 
• MSME Registration Certificate. 
• Brief description of the goods/services.

If you are wondering how to apply for a trademark online in India, here is the process:

Step 1: Register yourself on the Trademark Registry website. 

Step 2: Download the form available on the site and provide a digital signature on that form. 

Step 3: Next, fill out all required details for trademark registration and submit.

Following is a step-by-step procedure for trademark registration in India:

Step 1: Trademark Availability

The first step is to ensure the availability of the proposed trademark through a detailed trademark search. This will help you to find out whether or not there is a rival company with the same mark and avoid future infringement issues. You have to be very cautious while choosing a trademark for your company’s goods and services.

Step 2: Filing Trademark Application Form

After confirming trademark availability, the next step includes filling out an application form. In addition, you also have to submit all the required documents with a specified amount as a fee while filling out this form. 

Below are some essential details you should keep in mind while filling out the trademark application form:

• Information about the applicant.
• Mark selected by you.
• List of goods and services covering the mark.
• Date of usage of the trademark.

Step 3: Examination Process

The next step includes an examination of the application form. In this process, the Examiner decides whether to accept or reject an application form. The Trademark Registry examines the trademark to check whether it meets all the requirements. If this mark is accepted by the Registrar, it is published in the Trademark Journal for public opposition.

Step 4: Public Opposition

The Trademark Registry allows an individual to raise opposition against this application within 90 days of trademark publication. If there are no objections from the public, the trademark will proceed for registration.

Step 5: Issuance of Registration Certificate

The Registrar accepts this trademark application if the authorities receive no opposition against the application form by a third party. Under the seal of the Trademark Office, the Registry issues a registration certificate and grants the applicant ownership rights over the proposed trademark.

You need to carry out the below step-by-step procedure to check the status of your trademark registration application:

Step 1: Visit the official e-register portal of Intellectual Property India. 

Step 2: Click on ‘Trademark Application/Registered Mark’ present on the left menu. 

Step 3: Choose ‘National IRDI Number’ as the select option. 

Step 4: Enter your trademark application number and the captcha code. 

Step 5: Click on ‘View’. The following page will display the application status.

There are several benefits of trademark registration in India. They are as follows:

1. Product Differentiation

A trademark serves the purpose of establishing a distinct brand identity, which in turn attracts relevant consumer markets. This facilitates the commercialisation of that product or service with a unique identity. It differentiates products by allowing customers to choose the best and most authentic options. Moreover, trademarks also communicate a brand's vision, quality, and features.

2. Exclusive Rights

A registered trademark grants you exclusive control and usage rights. You can apply for the trademark for all products falling within the specified class/es. It prohibits others from using the same mark within those classes.  Additionally, a trademark empowers you to take legal action against any unauthorized infringement.

3. Asset Value Creation

A trademark represents intellectual property and serves as a valuable asset. Registering a trademark establishes a legally recognised right that can be transferred, sold, franchised, or commercially contracted. This means that a registered trademark holds inherent value and can be leveraged for various business purposes and transactions.

4. Builds Trust and Goodwill

This mark plays a vital role in building trust and goodwill for a brand. It embodies the reputation and quality of a product or service.  The mark instils confidence in consumers and recognition in the market. It also helps in developing loyal customers who consistently choose your brand over competitors.

5. Global Recognition

Obtaining a global trademark registration is highly beneficial in terms of gaining international recognition and protection. This mark is essential for ensuring your brand receives the acknowledgement and legal safeguards on a global scale.

Though the procedure for registration of trademarks in India might be time-consuming, it is a crucial step for protecting your brand identity. Also, it prevents infringement by other third parties. Thus, follow the process correctly by referring to the details mentioned above.