Trademark Registration Register Logo or Brand

A trademark is a unique symbol, sign, word, or combination of all these elements used to differentiate the goods or services of one business from those offered by others. It can include brand names, logos, slogans, and even unique sounds or colours. The process of registering a brand is simple and can be done online.

Registering your trademark provides you with exclusive rights to use it, builds trust and goodwill, creates an intangible asset that gains value over time, allows you to use the ® symbol, provides stronger legal protection against infringement, and extends this protection at a low cost for ten years, which is renewable indefinitely.

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.

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.

No, the symbol ® can be used over the mark when the trademark is registered and not after the trademark filing. The symbol TM can be affixed after the trademark is filed.

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.

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.

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.

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 athttps://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.

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.

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

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.

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.

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

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.