A Trademark is a recognizable emblem that may be a term, image, product, logo or number used by a business to differentiate its products or services from the same in the same market among certain businesses. A trademark is a property protected by Indian legislation. The inventor of a word or symbol must apply for the registration of marks to protect a mark from being copied by others. The registration process involves several steps and an expert for registration of marks should be employed to ensure a smooth process.
Application for registration of a trademark /collective Marks /Certification Mark /Series of trademark for specification of goods or services included in one or more than one classes in Form TM-A.
For renewal of registration of a trademark under section 25 for each class in Form TM-R
Application under section 49 to a registered user of a registered trademark in respect of goods or services Or On application under clause (a) of sub-section (1) of section 50 to vary the entry of a registered user of one trademark where the trademarks are covered by the same registered user in respect of each of them Or On application under clause (b), (c) or (d) of sub-section (1) of section 50 for cancellation of entry of a registered user of one trademark in Form TM -U
1. Incorporation certificate (if its a company or LLP)
2.Udyog Aadhar registration certificate-The government fees for trademark filing for companies having Udyog Aadhar is Rs. 4500. However, they have to pay Rs. 9000 to file is they do not possess an Udyog Aadhar.
3. Logo, if applicable and available, Address proof.
4. Form 48 is used to provide IndiaFilings attorney with authorisation to file your trademark application.
Proprietors are only allowed to file a trademark application if their place of business is in India. If this is not the case, the right holder must file a trademark application through an agent or attorney. The agent or attorney usually takes care of the trivialities such as searching, preparing, filing and prosecution of the trademark.
The agent usually starts the registration process by determining whether the trademark is eligible for registration and conducting a clearance search to see if there is a similar mark in the office of the controller general.
If the trademark agent has the power of attorney from the right holder he can complete and file the application form. The form will require details such as name and address of the proprietor, a description of the goods and services associated with the mark, whether the mark is in use and a copy of the mark.
The trademark office reviews the application to see if it is complete and then allots the application a number. If the trademark is registered, this number becomes the registration number.
The trademark association determines if the application is barred from registration either on absolute or relative grounds for refusal as prescribed in the Trade Marks Act, 1999. After this, they issue an examination report within a period of one month.
Within the term of three months publication in the Trademarks Journal, if not opposed by a third party, the trademark will proceed for registration and the trademark authority will proceed to give a registration certificate.
1. Recognition to product’s Quality:
It gives recognition to the quality of the product. Customers attach the product’s quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo/brand name.
2. Creation of Asset: Registration of Trademark creates an intangible asset i.e. Intellectual Property for an organisation.
3. Use of ® symbol: Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark..
4. Protection against infringement: No competitor or other person can use the wordmark or logo registered by you under trademark.
5. Global Trademark Registration: For any person willing to expand outside India, the trademark registered in India can provide a good base along with the Established Goodwill in the Country.