Trademark registration allows a Trademark to use symbols or words used to represent a business or the products offered by a business. The Symbols or words used by a business distinguish the goods or services provided by them from their competitors. After registering a trademark, any other organization cannot use it as long as it remains in use.
The Trademark applicant can start using the ™ Symbol with the brand once it is registered. The Trademark acts as an asset for the Company; to protect the brand, an application for trademark registration is a must. The process for trademark registration in India has various steps and requires follow-up with the Government. Hence, it is necessary to be under the guidance of an expert for obtaining the trademark registration quickly.
Trademark Registration Features
1. Guards the Commercial Goodwill
A trademark’s registered owner has a right to create, establish and protect the goodwill of his/her products or services. The owner can stop other traders from using his trademark unlawfully. One can also sue the infringer for dilution of the brand name and claim damages for any infringement.
2. Legal Protection
A registered trademark gives its owner a legal right in case of infringement. Not registering a trademark may leave the owner of the original brand name without any remedy.
3. Advertises Goods and Services
Registering a trademark creates a face of the company or the goods and services. This helps to distinguish and facilitate brand creation. Most of the companies find their identity via trademark hence it pays a pivotal role in advertising and increases the brand value.
4. Creation of an Asset
Trademark registration in India creates an intangible asset. Registered TM can be sold, assigned, franchised or commercially contracted to bring benefits to the company or the individual proprietor.
Types of Trademark
Chemical products and preparations, salts used for industrial purposes, soldering and tempering preparations, adhesives, fire extinguishing components, detergents, compositions used for food and beverages and unprocessed plastics.
Computers, Software, Electronic instruments & Scientific appliances
Rubber, Asbestos, Plastic Items, Flexible pipes, tubes, hoses, and fittings therefor, including valves, Seals, sealants and fillers, Waterproofing and moisture proofing articles.
Clothing, Footwear and Headgear
Preparations for making alcoholic beverages, Wines, Spirits, Liqueurs
Education, Amusement, Entertainment, Gambling, Translation and interpretation
Process of Registration
Procedure to Register a Trademark
Run a Free Trademark Search to check if a name is trademarked?
Registering a Trademark is simple, and the process can be completed online within 24 hours. Team IN Filings, has helped over thousand trademark applicants to get their Trademark registered.
Here are the set of documents that need to be signed and sent for the online Trademark registration:
Identity proof of the Trademark owner
- PAN or
- Aadhar Card or.
- Incorporation certificate (In case of a Company or LLP)
- Udyog Aadhar Registration
- Logo if applicable and available
- Address proof
Frequently Asked Questions
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.
The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.
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.
Yes, a foreign person or a foreign entity can apply for trademark registration in India.
If the trademark examiner sends a hearing notice to the applicant and if there is no response to the hearing notice within 30 days of receipt, then the application is automatically refused. In such a case, a new application needs to be filed.