Trademark Registration

A trademark would be a type of unique sign that helps distinguish products and services from others. Think of it as a name, emblem or symbol that uniquely identifies your business. It could be the Apple logo on your phone or an Amazon logo on some box. The best analogy would be putting up a fence around your trademark so nobody can use it without your permission. Registration of trademarks provides legal protection over a brand name and ensures that a customer is receiving an authentic brand product.

In India, trademarks can be registered under four categories :

• Product marks (think the Apple logo on your iPhone).
• Service marks (like the Uber logo for ride-hailing).
• Certification marks (such as the ISI mark ensuring quality).
• Collective marks (representing a group, like the CA logo for Chartered Accountants).

Each type helps consumers identify and trust the source of goods or services, but they cater to different needs and applicants.

Trademark classification is the process of categorising goods and services into 45 different classes. These classes are used for trademark registration, where classes 1 to 34 are for goods and classes 35 to 45 are for services. As a signatory to WIPO, India follows the Nice Classification system for this purpose. You can refer to the entire list of classifications at https://www.wipo.int/classifications/nice/nclpub/en/fr/.This. This classification system assists in identifying and grouping the goods or services represented by a trademark.

Like a universal language for trademarks, the Vienna Codification is a system whereby all the figurative elements of your mark are codified to make it even easier for trademark offices worldwide to understand and classify your logo. It's like shorthand, really making life more straightforward when it comes to going out and registering your brand internationally.

Think of the trademark examination as a check-up for your brand! An examiner at the Trademark Registry will examine your application thoroughly, from the mark itself to its classification and similarity with existing trademarks. They will ensure that it is distinctive, not misleading, and meets all the legal criteria. This is important in ensuring your brand has legs to stand on and protection.

Just imagine your trademark getting its moment of exposure in a newspaper! Loosely speaking, this is what publication in the trademark journal entails. When you file your application, the trademark goes for publication in the Trademark Journal, which is a weekly publication of the Trademark Registry. This will provide an opportunity for any third party to object to your application if they believe that it will cause damage to their pre-existing rights. In essence, this is an open invitation for objections before your trademark gets officially registered.

Congratulations if your trademark sails smoothly through the opposition period without any objections! You're on the home stretch. This means no one has raised concerns about your mark, and the Trademark Registry will likely move ahead and issue your registration certificate. It's like getting the green light to own and protect your brand officially.

The 'TM' symbol stands for applied trademark and indicates that a trademark claimed by a business is under consideration before the Registrar of Trademarks for grant of registration. On the other hand, the 'R' symbol stands for a registered trademark.

Yes, you can! While the coveted ® symbol is reserved for registered trademarks, the ™ symbol may be used immediately after one has applied to indicate an intent to claim the mark. In a sense, it is like putting up a "coming soon" sign for your brand's exclusive rights. Since accomplishing this does not offer any legal protection, it means you are serious about the identity of your brand.

Absolutely! If you feel a decision made during the trademark registration process is unfair or incorrect, you have the right to appeal. You can file an appeal in the commercial division of the High Court that has jurisdiction. It's like asking a higher authority to review the case and give a second opinion. Just make sure you have solid grounds for your appeal and present your arguments.

The website for trademark registration in India is www.ipindia.nic.in. Everything related to trademark registration, from filling out the TM application form to checking on the status of your application, is available here. The website is a valuable information source and provides online services galore to help you with the process.

Think of it like this: an unregistered trademark is like a fantastic band playing in your garage – they're known in the neighbourhood but not beyond. It has some protection under common law, especially locally, but it's limited. A registered trademark, on the other hand, is like that same band selling out stadiums worldwide! It gives you nationwide exclusive rights to use your mark on specific goods or services and lets you take legal action against infringers.

Want to know where your application is and through which route it has travelled? Go to the Controller General of Patents, Designs and Trade Marks website at www.ipindia.nic.in. There is a very valuable facility called "Trade Mark Status." By inserting your application number, you will know exactly at what stage your application is resting and up to what stage the process has reached.

Absolutely! In India, MSMEs (Micro, Small, and Medium Enterprises) and sole proprietorships are more than welcome to register trademarks.

Yes, a partnership firm can apply for trademark registration in India. The process is the same as for individuals or companies. The application must be filed in the name of the partnership firm, with details of all the partners. Remember that the trademark will be registered in the name of the partnership firm as a whole, not in the names of individual partners. This means that the partnership firm, as an entity, will own the trademark.

You can register different intellectual properties in India, such as business names, logos, brands, slogans, domain names, product labels, unique sounds, and even colours, as long as they are unique and do not conflict with existing trademarks.

Once a trademark is registered, it is granted legal protection for ten years from the registration date. Once this period expires, the trademark owner can renew it indefinitely every ten years to ensure it remains protected.

The trademark registration process involves filing the application in TM-A, followed by its examination by the trademark examiners. Replying to the examination report and holding a show-cause hearing are stages to remove departmental objections. After all the objections the Registrar raises are removed, the application is published in the Trademark Journal, inviting any third-party objection. After the lapse of 4 months from the publication date, the trademark gets registered.

The time taken to register a trademark in India can vary, but it takes between 6 and 9 months on average.

A trademark search involves checking the trademark registry to ensure your desired trademark is not already registered or pending registration under the same or similar class. This helps avoid potential conflicts or infringement cases.

The documents required typically include a copy of the logo or brand name, proof of the applicant's identity and address, and a signed Power of Attorney. In case of a claim of prior usage, proof of usage might also be needed, or an affidavit of usage data is to be filed.

Yes, a foreign individual or entity can apply for trademark registration in India with a valid service address.

The government filing fee for trademark applications varies depending on the applicant type. For individuals, startups and msme, the govt fee is ₹4500, and for others, it is ₹9000/-. Apart from the govt fee, the professional fee and gst are also part of the cost.

If you fail to renew your trademark after ten years, it may be removed from the Register of Trademarks and become available for others to register. However, you have a grace period of 6 months post-expiry to renew it with a late fee.

When you apply for a trademark in India, the Trademarks Office will examine your application to ensure it meets the requirements set out in the Trademark Act, 1999 and the Trademark Rules, 2017. If the examiner finds any issues with your application, they will issue a report called an Examination Report. This report will explain why your trademark has been objected to. You will then have 30 days to respond to this report. To overcome the objections raised, you must provide evidence or arguments that address the issues raised in the report.

Yes, a registered trademark is an intangible asset that can be sold, transferred, or licensed to another entity through assignment.

A trademark protects brand names, logos, and other brand identifiers. A copyright protects original works of literature, art, music, cinematograph, etc. A patent, on the other hand, protects new inventions or industrial processes.

Yes, you can apply for a trademark for a name or logo you plan to use. This is known as an "intent-to-use" application.

If your application is rejected, you have the right to appeal to the High Court (Earlier, it used to be with the Intellectual Property Appellate Board (IPAB), which is now dissolved. You can appeal within three months from the date of the receipt of the order rejecting the application.

Penalties for trademark infringement in India can be severe. They can include fines, imprisonment, or both, depending on the nature and scale of the infringement.

Yes, a single trademark application, known as a multi-class application, can be made for multiple classes. However, the government fee will increase with each additional class.

Once a trademark is registered, it cannot be amended to alter the mark substantially. However, minor changes may be possible under certain circumstances. A new trademark application would need to be filed for a significant change.

Trademark renewal can be done by filing a renewal request with the prescribed fee at the Trademark Registry, either online or offline. This should be done within six months before the registration or renewal term expires.

A collective mark is a trademark owned by an organisation (such as an association or cooperative), used by its members to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organisation.

A certification mark is a trademark that shows consumers that particular goods or services or their providers have met certain standards.

While it's not mandatory to register a trademark in India, it's highly recommended. Unregistered trademarks are only protected within the geographical area of their use, while a registered trademark enjoys nationwide protection.

Suppose someone believes that a trademark application should not be granted. In that case, they can file a notice of opposition with the Trademark Registry within four months of the publication of the application in the Trademark Journal. The notice of opposition must state the grounds for opposition and the evidence supporting those grounds. The trademark applicant can then file a counter-statement within two months of receiving the notice of opposition. The parties can then provide evidence in support of their respective positions, and the Registrar will decide the matter based on the evidence and arguments presented. If the opposition is successful, the trademark will not be registered.

If any person from the public at large opposes the trademark, the matter will then be heard by the Registrar of Trademarks. The Registrar will examine the evidence and arguments presented by both parties and decide on the registration of the trademark.