Quick Tour (Trademark Registration)

Know more about Trademark Registration

A Trademark (“TM”) generally refers to a “brand” or “logo”. Trademark means any sign capable of being represented graphically, and of distinguishing goods and services of one undertaking from those of another.  A trademark may consist of words (including personal names), figurative elements, letters, numerals or the shape of goods or their packaging.

A Trademark not only gives the trademark owner the exclusive right to use the mark, but also allows the owner to prevent others from using a similar mark that can be confusing for the general public. A trademark cannot, however, prevent another person or company from making or selling the same goods or service under a clearly different mark. Rights to a mark can be established through the legitimate use of the mark in a commercial or business setting.

 

Brief Details about Trademark Registration

1) Who can apply for trademark?

Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply. The application for trademark can be filed within few days and you can start using “TM” symbol. And the time required for trademark registry to complete formalities is 6 to 8 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed time to time.

 

2) What Kinds of Things Can Be Registered as Trademarks?

You can trademark many of the things that you use to distinguish your business from other businesses. You might have a trademark for:

  • Your business name
  • A product name
  • Your logo or label
  • A symbol or design
  • A sound
  • A product package

 

3) Functions of a trade mark are: 

  • It identifies the service or product and its source
  • It guarantees its quality
  • helps in Advertisement of service or product 

 

4) What protection does Trademark Registration provide?

A trademark registration:

  • provides prima facie evidence of ownership and validity;
  • provides statutory protection in India;
  • helps to deter others from using the trademark unlawfully; and
  • allows a suit for infringement to be brought.

In contrast, in the case of an unregistered mark, a passing-off suit can be filed. As passing off is a common law remedy, the burden of proof is more severe on the plaintiff than in an infringement action.

 

Registering Authority

  • Office of the Controller General of Patents, Designs & Trade Marks

 

Government Fees Payable

Trademark Application - INR 4,500/- in case of Individual/ Startup/ Small Enterprise -

Small Enterprise refers to those enterprise who are registered under the MSME Act having MSME Registration Certificate (Click here to avail MSME Registration)

9,000/- in all other cases

 

Documents Required

To register a trademark the following documents should be uploaded on abiZa platform:

  1. Logo, if applicable.
  2. Identity proof of the trademark owner
  3. Incorporation certificate, if company or LLP
  4. Address proof

Note: Logo is not mandatory. Word alone can be trademarked.

 

 

1

Conducting of Trademark Search.

2

Selection of Trademark classes.

3

Filing of Trademark Application

4

Payment of fees

5

Examination of TM Application

6

Publication of Trademark in Journal

7

Filing of Reply to Objections, if any

8

Issuance of TM Registration Certificate

Advantages

Trade mark registration gives the proprietor the right to exclusive use of the mark in respect of the goods or services covered by it. Possibly the most important reason for registration of a trade mark is the powerful remedies against un-authorised use. A trade mark registration allows the proprietor to sue for infringement and to obtain very powerful remedies such as interdict, delivery up infringing articles and damages. At the same time, the trade mark infringement provisions do not preclude a person.
A registered trade mark can be hypothecated as security, meaning that a registered trade mark can be pledged as security to secure loan facilities much the same way as immovable property can be bonded.
A very important reason for registration is to create the trade mark as an identifiable intangible property in the legal sense. Trade mark registration is a value store or receptacle of the value attaching to the reputation or goodwill that the product enjoys. A common law trade mark attaches to the goodwill and, generally speaking, the goodwill is not severable from the business in its entirety. This has the practical effect that an unregistered trade mark will never have a separate and independent existence. It will always form part of the goodwill and it will always be attached to the business. The only way in which to acquire a common law trade mark is to acquire the business as a going concern. Trade mark registration, by contrast, can be transferred like any other asset owned by a person or a company.
A registered trade mark can be licensed. A trade mark license can be recorded on the trade mark register, giving the licensee rights to institute legal proceedings in the event of infringement.
A registered trade mark can be transferred. The same is not possible for a common law trade mark, which can only be transferred with the business.
Once the trade marks is registered the symbol ® or “R” or word “Registered” may be used for the goods and services listed in the registration.

Disadvantages

There are no disadvantages.