TRADEMARK REGISTRATION IN INDIA
Trademark Registration under Trademarks Act, 1999
• Concept:
Trademark is a unique symbol or sign which may be a combination of colors, words, designs for identification of your goods or services. Trademark registration can be obtained under the Trademarks Act, 1999 through government website ipindia.gov.in.
Trademark empowers you and a third party to distinguish your products and services which help to create your own identity. However, one thing an applicant should be aware before applying for trademark is that mark should be unique and not some word, design which are general and under common use like name of state, name of food, patriotic words etc.
Apart from being unique, a Trademark enable to make your products and services marketable and create brand recognition for your products.
• Type of Trademarks
1. Word Mark
2. Device Mark- combination with color, word and logo
3. Color Mark
4. Share of good
5. Sound Mark
• Following person can apply for Trade Mark:
1. Company
2. Limited Liability Partnership
3. Firm
4. Trust
5. Government bodies
6. One or more person can make joint –application.
• Below mentioned are the advantages of the trademark
1. Protection Against Trademark Infringement
2. Differentiates Your Product Or Service
3. Builds Trust And Goodwill
4. Distinguishes Brands
5. Exclusive Rights
6. Product Value In The Market
7. Rights To Take Prompt And Rigorous Legal Actions
8. Define Uniqueness Of The Product
9. Brand recognition
10. Increase business goodwill
11. Business expansion
• Documents and Details Required
1. Aadhar card of the Applicant, in case of individual
2. Mobile No
3. E-mail id
4. Logo of Trade Mark
5. Description of Trade Mark
6. Business activities
7. Date of Using of Trade Mark
8. Proof of using trade Mark, if required
9. Power of Attorney on the name of Agent/ Attorney
10. #MSME Certificate, in case of body corporate
# MSME certificate is not mandatory requirement but it will reduce the cost of making application so it is beneficial to avail MSME Certificate.
• Process after Application:
1. Examination - approval by Supervising Examiners- Examination Report put up on the website & Dispatch to the applicant/applicant’s agent within 30 days of making application.
2. Reply to Trade Mark Offices with the explanation to the examination report and necessary supporting.
3. Officials will examine the representation made and call for Hearing if required.
4. In case officials found the representation in line with the issue, will accept the mark and proceed for advertisement.
5. In case No Opposition within 4 months of publication of the application, Registration, Issuance of Registration Certificate.
6. In case of receipt of opposition, show cause notice will be issued.
Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information.
