What is a Trademark?

In simple terms, trademark is a brand or logo which represents your business.

Trademark is your intellectual property which can be symbol like a word signature, name, device, label, numerals or combination of colors used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.


Example :-

1. Cocal Cola 

- This is the word/name trademark. 


2.   

- This is the logo trademark in which have combination of word/name, design and and color.

3.  

- This is the shape trademark , the coca cola has registered this bottle shape.


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Benefits of Trademark :-

1. Exclusive identification: 

The product and services provided by the business are uniquely identified by consumers and audiences. This helped to build a market reputation and thus, becomes the face of the business entity. It ensures the sole ownership of a particular symbol, logo, name, such that it is not misused.

2. Exclusive rights: 

The right to exclusively use it in respect of the goods and services offered by the business entity. 

3. Legal protection: 

Once the trademark is registered, an infringement of the existing trademark can be sued by the owner. Thus, it gives certain legal protection in following situations:

  • Before any trader creates their trademark
  • Avoids chances of infringement as in the process one might find trademark through Trademark Database or Trademark Registry.
  • In cases when a trader tries to register the same brand name as existing in the Trademark Registry, it would be objectionable in the Trademark's Office.
  • In case of infringement, one is able to receive the right to claim under certain conditions.
4. Building up trust or Goodwill: 

Serving quality products and services under a registered trademark builds up an image of the business entity in the marketplace. It also portrays that the business cares about the brand building and this passes on positive values about the brand to the customers or public. 

5. Global permits: 

Trademark registration in India helps the domestic traders in getting exposed to the global market through International Trademark System. It is important to note that even Non-Resident Indians and foreigners are eligible to register a trademark in India. On the other hand, Indians can register their trademarks globally.


6. Protection from infringement claims: 

Once the trademark is registered, one can be sure of the infringement claims. This means if the trademark is recorded, one may require a proper legal evidence in order to defend a trademark publicly.


7. The value in the market: 

A trademark standardizes the product and services provided by the business entity in the market. This builds up the value of the brand such that it is easy for a customer or a potential customer to spot the company or brand in the market.


8. Hypothecation or security: 

A registered trademark can be hypothecated for the purpose of security in order to secure loans. Here it is pledged in a similar manner as a immovable property is bonded.


9. Intangible property: 

In the legal sense, a registered trademark is often referred to as an identifiable intangible property. It attaches to the reputation or goodwill of the product.


10. The right to use the symbol (R) : 

Once registered, one may use the symbol for goods and services listed in the registration.


Required Document for Registration of  Your Trademark :-
  • Photo, Pan Card and Aadhar card of the applicant
  • A copy of the logo/trademark to be registered along with the address and identity proof of the trademark owner is required.
  • In case of Company, the name of the Company along with its Certificate of Incorporation and Address proof is required along with Board Resolution to authorise the Director.
  • Further, any documents to claim User Date, if any, are to be provided as proof.

How much money invest to protect your brand ?

Cost of a Registration :-

9,000/-  =  4,500/- Govt. Application Fee and 4,500/- Professional Fee 
(if you are Sole proprietor/ small business/ startup)

13,500/-  =  9,000/- Govt. Application Fee and 4,500/- Professional Fee
(If you are Company, Partnership, Large Business)


" Get 1000/- Rs. Discount in professional fee, Contact us though this Number +91 9315139426 "


How long does it take to complete the process of registering a trademark in India?

The Trademark Registry has become swift and has made the registration process of a trademark much quicker. Earlier it used to take 18-24 months for the trademark registration process to approve a trademark, but now the registration process will only take 8-12 months if it is without opposition. Here are the steps along with the timeline for the registration of the mark.


1. Trademark Application

It will take 2-3 working days to collect documents draft and file a trademark application. When you apply for the trademark, you can continue using the "TM" symbol on the application's brand name or logo.

Timeline: 2-3 days


2. Vienna Codification

It is Trademark registry’s internal process. The trademark is assigned a Vienna code according to the Vienna Agreement.

Timeline: 5-7 days


3. Formality Check Fail

The next step in the process of registering a trademark is to review the application. Here the Trademark Registry reviews the basic information in the Application and the documents attached therein. It will check whether or not all of the data is correctly entered.

The Registry checks the applicant type and whether or not its details match the POA. Whether the valid documents are attached or not. If the Trademark Registry finds any deficiencies in the application, the status will be changed to "Formalities Check Fail."


4. Formality Check Fail Response

If the Application is in the Formality check fail status, the response must be sent within 30 days of receipt of the intimation. The answer with a correction in the Application as required by the Trademark Registry must be submitted within that time frame, otherwise, the Trademark Registry may order the Application to be Abandoned.


5. Formality Check Pass

If no fault is found in the application or if the answer to the formality check check fail is satisfactorily provided, the Application will be labeled as "Formality check pass".

Timeline: 7-10 days


6. Marked for Examination

At this point, the Trademark Registry checks the brand name or logo applied in compliance with different sections of the Trademark Act. The Trademark Registry will therefore submit an inspection document called as Examination Report.

Timeline: 10-15 days


7. Objection and Reply

Here the trademark is compared with other applications and registered trademarks. If it is found to be similar to any other brand or logo, an objection will be raised by the Trademark Registry. It also poses an objection if the brand name cannot be differentiated from others or if it displays clearly the characteristics of the goods or services such as nature, value, quantity, meaning.

If the trademark is under Objection, then the reply to the objection must be sent to the Trademark Registry within 30 days of receiving such a report. If the Applicant fails to file the reply, the trademark will be abandoned.

Timeline: 30 days


8. Objection Hearing

After receipt of the reply to the examination report objects, the Trademark Registry may call for personal representation. The trademark attorney or agent may appear on behalf of the Applicant.

Timeline: 15 days


9. Accepted & Advertised

If there are no objections in the examination report, the application will be accepted and published in the trademark journal.

Timeline: 30 days


10. Opposition

Any party may oppose to the registration of a trademark within 4 months of the trademark being published in the journal. The trademark will be further processed for registration in the event of no opposition.

Timeline: 4 months


11. Counter Statement/ Opposition Reply

If the applicant receives a third party opposition, he must file a reply. The reply must be submitted within 2 months after the notice of opposition has been issued. If it is not replied, the trademark will be abandoned by the Registry.

After that, the opponent will have another chance to file the response against the applicant's reply. Once, the claimant must receive a second counter claim for a period of 2 months.

Timeline: 2 months


12. Opposition Evidence

The Opponent and the Applicant will be given opportunities to produce sufficient evidences to prove their claims. This is covered under the Rule 45 (2 months), Rule 46 (2 months) & Rule 47 (1 month) of the Trademarks Rules.

Timeline: 5 months


13. Opposition Hearing

The last stage is the opposition hearing. Both sides will be able to argue and make statements in favour of their claim. The officer shall pass the appropriate order after hearing both sides. If the decision is in the applicant's favor, the trademark will be registered otherwise it will get rejected.

Timeline: 30-60 days


14. Registration

Under the following circumstances, the applicant will receive the certificate of the trademark.

First, if no opposition is raised– Within 4 months of publishing a trademark in the journal.

Second, in case of opposition- when the officer passes the order of hearing in favor of the applicant.

Timeline: 5-7 days