Any symbol that marks the product or service that distinguishes from similar products or service is called a Trademark. A Trademark or Brand can be anything from a numeral, label, word, name or a device. Once a Trademark or Brand goes through a registration process, it becomes an intangible asset or more properly, an intellectual property.Intellectual property is a term used to refer to intangible assets; the role of the Trademark IP is to protect the investment of the company on this symbol.The criteria for a trademark registration or brand registration in India is that it has to distinct from other symbols that are already present in the market and are being used to represent similar type of business. If there are any similarities between the trademarks or brand to be registered with the one already prevalent in the market, the registration process will not go through..
The one who registers the trademark or brand in India is the Controller General of Patents Designs and trademarks, Ministry of Commerce and Industry, Government of India.Trademark registration or Brand Registration in India happens under the Trademark Act 1999.The Trademark registration or Brand registration provides the trademark owner with the rights to sue the trademark infringer for financial and reputational damages. Once the trademark or brand applied to registered goes into the trademark journal, it can be used along with a “TM” symbol and once the trademark registration process is complete, the trademark owner can then use the “R” symbol. The registration is valid up to 10 years.
• Step 1-Getting Information in 1 Day
• Step 2-Drafting of Application in 2 Days
•Step 3- Changes & Confirmation in 2 Days
• Step 4- Filing of Application in 3 Days
• Identity proof and
• Business registration document
• Shops Establishment License
• Certificate of Incorporation and
• Address proof of the company
For Partnership firm
• The Partnership Deed
A good trademark must have the following qualities:
Easy to read, spell and remember
Must be unique and distinctive without any traces of similarity
Should not be lengthy
Laudatory word/words such as the best, perfect etc. should be neglected.
Conducting a trademark search is important. They are the best way to check if your proposed trade mark does not infringe earlier rights. Even after registration of your trade mark, you should routinely carry out searches because this is the only way to efficiently protect your trade mark. In the absence of any such activity, there will be high chances of being sued for trademark infringement, trademark application rejection and a third-party challenging the trademark application.
Trademark registry publishesthe Trademark in Trademark Journal.
Trademarks should be registered for a specific product or service. A single trademark application can be submitted to register your product or service under more than one class but the fees for filing under each class increases every time in the same manner as you have filed a single application for trademark under one class.
While both offer intellectual property fortification, they protect different kinds of assets. Copyright is used to protect literary and artistic works, such as books and videos. A trademark defends items that help define a company brand, such as its logo.
A mark cannot be registered as a trademark if:
The mark is expected to deceive the public or cause confusion.
The stuff contained or mentioned in the mark is intended to hurt religious sentiments or any class or section of the citizens of India.
It is comprised of scandalous or obscene matter.
Its use is restricted under the Emblems and Names Act, 1950.