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TRADEMARK REGISTRATION

HELPLINE NO.

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About Trademark

Trademarks protect words, names, symbols, sounds, or colours that distinguish goods and services from those manufactured or sold by others. Registration of trademark is very important as it helps in protecting the brand image of the business from being copied by others. A Registered Trademark is an intangible asset for your business and helps in protecting the goodwill of your business. In India, there is a separate dealing with trademarks i.e. The Trademark Act, 1999. The Trademarks are registered with the Controller General of Patents, Designs and Trademarks, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India. The “TM” symbol can be used once an application for registration of trademark has been made. Once the trademark is registered, “R” symbol can be used which making copying by anyone else a punishable offence. The Trademark registration is valid for a period of 10 years from the date of registration.

When is Trademark required?

The first important step in the trademark registration process is to check whether the logo or brand name to be registered is not already registered in some other person’s name. This verification will be done taking into account the class of your goods or services. Making an application for a logo or brand name which is already registered will lead to rejection of your application. In such cases, there may be required some modification so as to make the logo or brand name unique and different from the one already registered. There are 45 different classes of goods and services. Class refers to the category or classification of an item or service. There are 34 classes for goods and 11 classes for services. Selection of the correct class is absolutely important to ensure that the registration application sails through without any difficulties.

Documents Required For Trademarks

Individuals & Sole Proprietorship
The documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under:
Name of the applicant and type of business
Address of the applicant
Copy of the logo, preferably in black & white (Optional). In case the logo is not provided, the trademark application can be filed for the word.
Identity Proof
Form 48 where application is filed by attorney on your behalf
Partnership / LLP / Company – Small Enterprise or Start-up
To be classified as a small enterprise, the applicant would have to provide Udyog Aadhar registration certificate. Similarly, Certificate in respect of Start-up shall be required where the applicant desirous of obtaining registration is a start-up.
Name of the applicant and type of business
Address of the applicant
Copy of Logo (Optional)
Udyog Aadhar Registration Certificate/Certificate in respect of start-up
Incorporation Certificate or Partnership Deed.
Identity Proof of Signatory
Form 48 where application is filed by attorney on your behalf
What do you mean by a trademark?

Ans. A trademark is a kind of right or intellectual property whichprotect words, names, symbols, sounds, or colours that distinguish goods and services from those manufactured or sold by others.

Ans. No, it is not mandatory though it is highly recommended to register your trademark as unregistered trademarks do not provide any legal protection from being copied by others.

Ans. Yes, where the officer is of the opinion that your logo or brand name resembles to any logo or brand name already registered, the officer may put an objection and ask for explanation. If the officer is convinced, the application will be approved otherwise it may be rejected.

Ans. Class refers to the category or classificationof goods or services under which registration is sought. There are 45 classes of goods and services under trademark rules. The applicant needs to mention the correct class at the time of making registration application.

Ans. TM symbol can be used once acknowledgement is received on filing of registration application. It serves like a warning signal for those thinking of doing any kind of infringement. However if your registration application is rejected, then your logo or brand name will not have the legal immunity to prevent it from copying.

SM stands for Service Mark and can be used in place of TM symbol where registration application is filed for classes 34 to 45 which relate to services.

R symbol can be used after approval of registration application and once trademark is registered. The R symbol is the proof of trademark being registered and legally protected from any kind of copying or infringement.

Ans. Typical document requirements include Name and Address of applicant, Type of business, Identity proof, Partnership deed or Incorporation Certificate and copy of logo.

Ans. Yes, the ownership of the trademark can be transferred from one person to another. This transfer is known as Trademark Assignment.