INTRODUCTION:
A registered trademark is your business’s intellectual property or intangible asset and acts as a protective cover of the company’s investment made in the logo or brand. It identifies a product as belonging to a specific company and recognises the company’s ownership of the brand.
Once this trademark get registered , one can use an R symbol along with it, and this is valid till 10 years from the date of Registration ,this trademark can be re-registered for another 10 years once get expired.
Who can apply for a Trademark?
The person whose name is mentioned as the applicant will be declared as the owner of the trademark in the Trademark Registration Form. Any individual, a company and a LLP can be an applicant and may file the application for the registration of the Trademark.
Various types of Trademarks that can be registered:
- Word Marks
- Service Marks
- Logos or Symbols
- Shape of goods
- Series Marks
- Certification Mark
- Geographical Indicators
- Sound Marks
- Pattern Marks
steps involved in Trademark application filling process:
1) Trademark Search:
A detailed check on the trademark logo and brand name selected to check that such trademark is not already registered under someone else name. Trademark should be unique.
2) Selection of Class:
For registration, one need to apply it under right classification of classes.in total there are about 45 sector s and each sector is named as a class. Goods and services are classified into 45 different classes by the trademark Registry.
3) Application Preparation:
The required documents along with the application:
- An identity proof of the company’s directors and address proof have to be submitted and address proof of the company, and in case of sole proprietorship (ID proof of the proprietor i.e. PAN card, Adhar card)
- Power of attorney to be signed by the applicant.
- The proof of claim (which applicable) of the proposed mark can be used in another country.
- Soft copy of the Trademark.
4) Application filling and Registration of Brand name:
Once you filed the application online, and it get approved you will receive acknowledgement, and you are eligible to use Trademark™symbol beside the brand name.
Manual filling is also available, where personally one has to handover the application for the registration to the registrar office of trade Marks situated in major cities of India i.e. Delhi, Mumbai, Kolkata, Ahmadabad and Chennai, one have to then wait for 15-20 days to receive an Acknowledgement. The registrar will check the brand name selected complies with the existing law, and that there is no conflict or dispute amongst any existing or pending brands for the registration.
5)Publication of Brand in the Indian Trade Mark Journals:
The registrar will publish the selected brand name in the Indian Trade Mark Journal, if there is no opposition is received within 3 months (90 days or 120 days in some of cases from the date of publication, then it proceed towards the acceptance.
6) Trademark Registration Certificate:
Once the Registrar accepts the application after no opposition being received, Registrar will issue the Registration Certificate with the Trademark Registry seal. And then this registered trademark can be use beside the brand name.
Benefits of getting Trademark Registered:
A registered Trademark is a legal protection to the owner, one can sue if someone copy or use the registered Logo, Brand name or slogan.
Unique Identity: A particular product or service is recognised among the Customers through the Brand name, thus such trademark remains company’s unique asset.
