Every firm is unique in its way. Be online or offline. Businesses in India have paved the way for their recognition and identification at a higher level, assuring the company’s future success. In this scenario, startups, entrepreneurs, and individuals create better innovative ideas, products, and technology to address the underlying causes of issues.
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Keeping all of this in mind, business owners should protect their ideas by registering a trademark. Living in a digital age when everything is at our fingertips, digitalization has had a significant influence on every industry, including compliance. It is now easier than ever to file for a trademark digitally. You can say goodbye to the headache of printing the application and then filling it out correctly. Everything is now resolved with the press of a button.
Definition of a Trademark
Under Section 2(zb) of the Indian Trademarks Act, 1999, a trademark is defined as a type of intellectual property that identifies and distinguishes products or services from others by using a recognized symbol, design, logo, or expression. A trademark can be owned by any individual, business, or legal entity. Anyone who plans to use a brand name in a business manner can file for a trademark.
The Trademark Act of 1999 governs trademark protection, registration, and the restriction of unauthorized use. It also emphasizes the trademark holder’s rights, fines for infringement, remedies for infringement, and trademark transfer processes.
Why are Trademarks Important?
Trademark registration in India allows big businesses to differentiate their products or services from those of others. It has been proven to be an intangible asset for the creator and safeguards the brand in the coming years.
- Many companies in the industry offer a wide range of goods and services. So, if you’re starting a new business, the first step is to distinguish yourself from the competition. As a result, trademarks are relevant here.
- Expanding in a global marketplace without a trademark is a dangerous initiative since someone in another nation may misuse your company’s logo. As a result, obtaining a trademark registration before establishing a business in a foreign nation secures and protects a corporation’s position while allowing it to develop its organization.
- Trademarks represent the goodwill or excellence of a product or service. Registering a trademark will promote and boost client confidence and visibility in the business. Furthermore, it adds to the formation of loyal and long-term clients who will continue to prefer the trademarked brand over others.
- It is an excellent communication tool for catching clients’ attention. When a firm has a trademark registration, customers are fast to identify its reputation. The brand has the most effect on a customer’s purchase choice.
- If a business owner believes that someone is using their trademark without the knowledge or in a misleading manner, the owner has the power to prohibit the individual from using the registered brand. Nobody, not even the rivals, can use trademarked logos.
Trademarks can range from a single word to a logo, slogan, punchline, phrase, or design. It is necessary to safeguard a brand through trademark registration, especially in a market like India. As a result, having a trademark registration in India is necessary rather than forced.
Trademark Registration
Section 18 of the Trademark Act of 1999 allows anybody to file a trademark application. For a clearer picture, it is necessary to follow the instructions stated in the section. Anyone filing a trademark must adequately and properly do extensive research. The name of the mark, the products and services, the class to which the goods and services belong, the period of use of the mark, and personal information such as name and permanent address must all be included in the application.
Apply for Trademark Registration in India
Why is it some business owners fail to appreciate the value of trademarks?
As previously said, many business owners are still uncertain that trademark registration has anything to offer their company’s identity. Don’t you wish to get rid of those that try to imitate your brand?
There are a few documents required by the Government of India for registering a trademark. The following documents, which must be authorized by the state where they were issued, must be submitted. As a result, it is extremely important to first classify the candidate. Candidates can be classified based on the:
Individual or Sole Proprietorship:
Anyone, whether they are Indian or a foreigner, can easily register a trademark in India. The documents that are required for registration in the name of a proprietorship are the same as those required for registering in the name of an individual. Check down the list below for a better understanding.
- TM-48 must be signed. This is the most important form that is required when an applicant’s attorney or trademark agent applies.
- Identity proof for an individual or a business entity (driving license, aadhar card. or passport)
- Proof of individual or proprietorship address
Private Limited; Partnership Firm; Limited Liability Partnership (LLP):
A trademark registration fee starts from ₹4,500 to ₹9,000. Small businesses, startups, sole proprietorships, and individuals are eligible for the lower trademark fee of ₹4,500. For other entities, the government trademark registration fee is ₹9,000.
The applicant must submit ‘Udyog Aadhar Registration Certificate’ to classify his entity as a small business. Udyog Aadhar Memorandum (UAM) is a single-page registration form that allows you to self-certify your entity’s establishment, bank details, promoter/Aadhar owner’s details, and other information as an MSME registration. The filing of the Udyog Aadhar Memorandum (UAM) is free.
On the other side, there is a list of documents mentioned below for entrepreneurs to provide in the context of a partnership firm or a limited liability company (LLP):
- TM-48 form signed
- Copy of logo (optional)
- Udyog Aadhar Registration Certificate
- Incorporation or Partnership Deed Certificate
- Signatory Identity Proof
- Proof of Signatory’s Address
- GST Certificate
Others
Other applicants, including businesses who do not have Udyog Aadhar Registration certificate must provide the following documents:
- TM 48 signed with a logo copy (Optional)
- Certificate of Incorporation or Partnership Deed
- Signatory Identity Proof
- Signatory’s Address Proof
A trademark is considered to be a sign or a logo that becomes the representation of a company’s products or services. Trademarks lose their value in the absence of registration, making infringement easier. Thus, it is extremely important to examine the uniqueness and authority of ideas to avoid any confusion.
Cost of Registering a Trademark in India
If someone is profoundly devoted to their business and understands the importance of protecting the business they have worked so hard to create at all costs. Business owners must understand the cost of vulnerabilities.
For most business owners, trademark registration serves as brand insurance. If anything goes wrong, such as someone attempting to infringe on your business name or design, you must use your trademark registration leverage. This leverage will allow you to reap all of the benefits of trademark registration, including the ability to sue those copycats in court.
In India, the cost of trademark registration is divided into two categories: government fees and professional fees. The difference between these two is that government fees are the same across the country, whereas professional fees may vary depending on the individual. For the firm, the government fees for trademark registration are ₹9,000 per application per class. For an individual, the government charge for trademark registration is ₹4,500 per application per class.
Government Registration Fees:
There will be different costs for marks, series of marks, and related marks, and they will be charged for each class. Fees for filing a single mark in a single class are ₹2,500, and each subsequent class is ₹2,500 while registering a collective mark is ₹10,000.
The cost of registering a mark in a convention country is ₹10,000, with extra fees for registration in each class. Furthermore, for worldwide registration under the Madrid Protocol, the World Intellectual Property Rights Organization will charge separate costs for registering in each member country in which you wish to register.
Professional Fees:
Many applications are refused because they register pre-existent marks. As a result, it is usually best to contact a professional for the registration process. An intellectual property lawyer can be contacted for trademark registration, trademark database, or availability of different logos, as they will provide accurate advice on all legal aspects involved.
Legal Fees for the Opposition:
The opposition is related to the objection. The distinction between the two is that opposition comes from various third parties, whereas objection comes from the government. Various third parties or rivals level claims against businesses seeking registration for utilizing similar trademarks or symbols. There are also allegations that if the application is allowed, it will result in an infringement of intellectual property rights.
The trademark opposition cost ₹2,700 – the legal fees for filing a notice of objection against a conflicting trademark application in one class are ₹2,700.
Legal Fees for the Objection:
The government will sometimes reject an application. The government’s objection is due to a variety of factors. It does not, however, mean a trademark denial; rather, the examiner seeks a sufficient justification for the trademark and its registrability. The cost is ultimately determined by the nature and type of the objection. However, the procedure of bringing objections requires much study and investigation. When making an objection reply, it is very important that you seek expert assistance.
Trademark Rectification:
In India, trademark rectification can be filed due to failure to observe a condition of the trademark already registered in the Registrar or a mistake in registering the trademark. The grounds for rectification of the Register are specified in Section 57 of the Trade Marks Act of 1999. An application for rectification or cancellation of a trademark can also be submitted based on the non-use of the trademark for a certain period following registration.
A rectification application for a registered trademark must be filed with the same Trade Marks Registry as the registration application was filed.
Classifications of Trademarks in India
Trademarks are categorized according to the International Classification of products and services under Section 7 of the Trademark Act of 1999. There are 45 product and service categories in this manner. The Nice Categorization (NCL) is a worldwide classification system built in 1957, revised in Stockholm in 1967, in Geneva in 1977, and modified then in 1979 as part of the Nice Agreement.
Products and services are categorized into 45 categories by the NCL. Products are classified as classes 1 to 34, while services are classified as classes 36 to 45.
Conclusion
A trademark protects a business’ brand and gives you the liberty that you need to prohibit someone from infringing the business trademark. This is how a trademark distinguishes one person’s goods and services from those of another, which also includes the shape of goods, the packaging, and a color combination. Furthermore, it is best to reap the benefits a firm or brand gets, the fees or cost of a trademark registration is quite little.
