Trademark Registration Services In India | Unimarks
I. Trademark Registration Rights in India
A trademark is the epicentre of any business and thus If you are starting up or already have an established company, protecting your brand is crucial.The first step in protecting the brand name, logo, business name, or trademark of your business is to register it with the Indian Trademark Office.
Registration of a trademark gives you exclusive rights to use it in commerce and helps prevent others from using it without your permission.
Once you have registered your trademark, make sure to use it consistently and prominently on all your products and marketing materials. This will help build consumer brand recognition and solidify your claims to the mark. If you ever need to enforce your rights against an infringer, having a well-established reputation will strengthen your case
Trademark registration is the process by which the owner of a mark can protect and maintain exclusive rights to and prevent others from using it without permission.
It also prevents the use of confusingly similar trademarks or brand names for related goods or services. Registering your trademarks with the Indian Trademark Office gives you legal protection against infringement and unfair competition. The trademark owner will enjoy an exclusive right to sell, distribute and enforce the rights of the marketer for the goods and services as registered proprietor of the trademark.
II. Benefits of Brand/trademark Registration
There are many benefits to obtain brand registration. One benefit is that it can help protect your trademark from unauthorized use. Another benefit is that it can help ensure that your trademark is known and recognized by the public. Additionally, trademark registration can help you protect your business from competition.
1.Prevents unauthorised by any third parties
Trademark registrations can help prevent unauthorized use of your trademark. Other businesses may not be willing to use your name or logo if they know it will be protected by trademark registration.
2. Protection from competitors:
3. Attribution of trademark:
4. Other Notable benefits of Trademark Registration
- It appeals to prospective clients and customers.
- You can use the Symbol (R) for trademark or Brand.
- You can invest and build brand value and credibility in the market for the registered trademark/brand
- Helps in the expansion of business and growth.
- Easy to identify and associate.
- Exclusive Rights to the Brand Name & Logo in the market.
- You can initiate both civil and criminal action against perpetrators.
- Brand registration gives the legal right of ownership over the brand.
- Statutory rights over the mark can be claimed.
- Exclusive license to sell, trade-in, lease, and assign the brand.
- Constructive notice of ownership of the trademark.
III. 10 Most Important Steps of Trademark Registration Process
1. Trademark Search
Trademark Search is the most crucial aspect before filing the trademark in India. It is very important to perform an exhaustive trademark search to ensure that no other person in India has already filed, registered, or used the proposed trademark in India. To check the Availability of the Trademark from the public search offered by the trademarks registry before filing the trademark application
2. Filing of Trademarks Application:
Trademark Applications can be filed in single or multiple classes in the prescribed form before the Trademark registrar either through e-filing or manual filing in Form TM-A. A separate application for each class has to be made to apply for a trademark in different classes. It is ideal to associate any existing registered trademark while filing the trademark application.
3. Allotment of Trademark Application number:
Upon filing the application, the registry will issue an application number, which will be used for future references until and after the registration of the trademark.
Trademark Status: New Application Filed / Send to Vienna Codification
4. Formality Check Pass:
After accepting the application, the registry will scrutinize the application for Formality Check, in which the Registry will issue conduct the Preliminary Check to ensure that the application is filed in a prescribed manner.
Trademark Status: Formalities Check Pass / Formalities Check Fail
5. Examination of Trademarks
The Registry will now check for Section 9 and 11 objections- Absolute Grounds and Relative Grounds to ensure the mark to be registered satisfies the criteria for registration. Based on the examination, the registry will issue the examination report.
Trademark Status: Objected
6. Reply to the examination report
The Applicant will be required to file the reply within 30 days from the date of issue of the examination report upon receiving the examination report.
Trademark Status: Objected
7. Trademark Show Cause Hearing
If the registrar is satisfied with the reply, they shall accept and advertise the mark. If not, they will fix a date of hearing on which the applicant will have to appear before the registrar. If, during the hearing, the registrar accepts, the mark will be advertised.
Trademark Status: Awaiting Show Cause Hearing
8. Publication in the trademarks journal:
Upon acceptance of the mark, the mark will be published in the trademarks journal to call for third-party opposition. If there is no opposition filed after 4 months from the date of publication in the trademark journal then the trademark will proceed for registration.
Trademark Status: Accepted / Advertised bef Acc / Advertised as Accepted.
Trademark Status (In case of Opposition) : Opposed
10. Registration of the trademark:
The trademark having no opposition proceedings will be accepted by the trademark office, and a certificate of trademark registration will be issued to the applicant.
Trademark Status: Registered
10. Renewal of Registered Trademark
Renewal of Registered trademarks once in every 10 years from the date of trademark application.
Trademark Status: Renewal Due
IV. Timelines for Trademark Registration:
Also, the timeline for registration of the trademark based on the uniqueness of the trademark and the time taken by Indian Trademark Office for granting trademark registration of the mark. It is crucial to have the paperwork in accordance with the trademarks act handy while filing the trade mark application before the Indian Trademark office to avoid any delay in getting the registration.
V. Use of Trademark Symbols for registered and unregistered trademarks
- ® – Signifies trademark registered brands in respect of goods and services. Using the registered trademark symbol ® unless the mark is registered is unlawful.
- TM– The symbol ™ can depict unregistered trademark brands. Using the symbol simply means that the proprietor of the mark claims to be the owner of the brand.
- SM – The Symbol SM refers to the service mark which are used in respect of Service Industries
VI. Eligibility for Filing Trademark registration in India
TM filed by An individual (Person)
An individual who is not doing any business can also obtain a trademark application and obtain trademark registration for a symbol or word that is proposed to be used by the applicant in the future.
In case two people are deciding to file a trademark application then the names of both the people must be mentioned on the application.
While filing a trademark application in India of a proprietorship firm then the full name of the applicant must be mentioned. The business name or the proprietorship is not acceptable.
When filing a trademark application for the goods or services to register in the partnership company name and the application shall mention the details of all the partners. In case of a partnership also includes a minor in the partnership the trademark application shall provide the information of the guardian who represents such minor shall also be mentioned.
Limited Liability Partnership
The Limited Liability Partnership (LLP) is an incorporated body where the partners have their own identity. Thus, the partners of the LLP cannot be the applicant as the trademark filed and owned by the LLP. The trademark registration sought in Limited Liability Partnership, the trademark application shall mentioned the name of the the LLP.
In case of the application of a trademark in India for One Person Company, Private Limited Companies or Public Limited Company then the trademark application shall be filed in the name of such company. The limited companies are otherwise considered as independent incorporated entities and thus the application cannot be filed in the individual directors name. However, the director of the company can act as an authorised signatory while filing a trademark registration before the Indian Trademark Office.
For a trademark registration sought in the name of a foreign incorporated entity by filing a trademark application in India the application is to be made in the corporate name as it is registered under the foreign country. Here the nature of the registration, the country, and the law is to be mentioned.
Trust, Society or NGO
In some cases a trademark registration is owned applied or transferred to the Trust or Trust or any non-profit organisation. It is the case when such trademark application is filed in on behalf such non-profit organisation in the name of the managing trustee or the chairman or the secretary that is representing such organisation shall be mentioned. .
VII. Five Important Documents Required for the Trademark Application
In order to register a trademark in India, you’ll need to provide the following documents:
1) Your trademark application.
2) Identity Proof and Address Proof
3) MSME Certificate /Udyog Aadhar Registration / Udayam Registration Certificate for MSME Companies.
4) Your trademark affidavit, invoice bills, advertisement copies in case of the claim of prior use
5) Your trademark registration certificate if there is any existing trademark registration.
VIII. Frequently Asked Questions
1. Can I apply for Trademark in the name of my Private Limited Company?
Yes! the trademark can be applied in the name Private Limited company, LLP or even in the name partnership firm to obtain registration if that trademark belongs to such firm.
2. Do I require a trademark attorney to file my trademark applications?
No! The individuals can file the trademark applications before the trademark office either manually or online. However, the registration of the trademark is a complex procedure and requires a consistent follow-up with the trademark office. Thus, it is always advisable to hire a competent trademark attorney or
3. What can I do if my trademark registration is refused?
You can file an appeal before the appropriate courts challenging the refusal of the trademark. Earlier it was filed before the Intellectual Property Appellate Board.
4. What is a Collective Trademark?
Collective trademarks can be filed when a group of companies decides to unite their efforts to protect their trademarks. The protection of collective trademarks can be granted by the Indian Trademark Office. This can be done by ensuring that each company has the same rights to use the trademarks and that any disputes between the companies are resolved through a collective process.
5. What actions I should do if my trademark is opposed by some third party?
You can defend your trademark rights by filing the counter statement
6. What is the duration of registration of a trademark?
The trademark shall be registered within 6 to 9 months.
7. What are the documents required to file the trademark application?
Commonly, the MSME Certificate, certificate of incorporation (if available), affidavit, proof of user shall be required to be filed before the trademark office in India.
8. What are the requirements to file the trademark application online?
The online application of a trademark for the goods or services can be filed with the digital signature while applying on the e-filing portal.