Trademark, in general, are words, phrases, logos, shapes and colors used by businessmen to recognize their goods or services. A trademark gives identity to a brand. A trademark prevents others from using the similar or parallel device which might create confusion among the people. For e.g.: “NIKE” and “Swoosh” has enough capabilities of differentiating its shoes from other brands like “PUMA” and “REEBOK”. Also, “LUX” has its own identity from “PEARS” and “DOVE”. A trademark is a symbol that helps in enhancing the goodwill and image of the company. A trademark helps in identifying the products / services. A good trademark should be easy to distinguish its goods or services from one person to another.
Unrecognized trademark can be recognized by ™ and servicemark by ℠ . Registered trademark can be identified by ®.
a. Identity proof of the individual.
b. Address proof of the individual.
c. Power of attorney (TM-48).
d. Logo of the trademark
e. User affidavit (if necessary)
a. Copy of logo.
b. Power of Attorney (TM-48).
c. Incorporation certificate / partnership deed.
d. Udyog Aadhaar Registration Certificate.
e. Identity proof of the signatory.
f. Address proof of the signatory.
• Registering your trademark helps your business in creating our own uniqueness.
• Registering our trademark/servicemark aids in identifying our logo, symbol, marks, and shapes in the crowd.
• It prevents others from using same or similar marks which may cause damage to our goodwill.
a. Help in trademark search and availability.
b. Find appropriate class.
c. Drafting of all the documents.
d. Filing of online TM application.
1. Ownership : Registering your trademark gives you exclusive right over the mark, which means, it refrains others from using the similar mark.
2. The right to use ® symbol : As soon as your trademark is registered, you can start using ® for your products or services. It gives our trademark a legal protection.
3. Differentiates your product : Registering your trademark helps in differentiating your products/services from one and another.
4. Recognition to product’s Quality : It gives recognition to the quality of the product. Customers attach the product’s quality with the brand name and this image is created in the market.
5. Validity of Trademark : After registering your trademark, it guards your brand from infringement for 10 years. After which, it can be renewed by filling TM-R along with statutory fees. Trademark renewal preserves those rights which are only available to a registered mark.
6. Assignment : In legal terms, transfer of rights over trademark to any other entity or individual is known as assignment of trademark. Trademark Assignment Agreement is executed for proper transfer of trademark. We can, partially transfer our brand name which is known as licensing.
7. Goodwill : A trademark contributes in creating goodwill and quality in the minds of the customers. Registered trademark helps in enhancing the trust with the clients. We can transfer our trademark with or without the goodwill.
1. New Application : When the application is filed with the trademark registry.
2. Formality Check Pass/Fail : When the application has been filed correctly it will display Formality check pass and when there is a clerical error/mistake it will display Formality check fail.
3. Sent to Vienna for confirmation : Vienna Code Classification is an internationally accepted standard for logos and its elements.
4. Marked for exam : Application will be checked by the examiner of the Trademark registry.
5. Objected/ Awaiting reply for the examination report : The examiner has raised objections against the application form. We are requested to draft an appropriate reply for the same.
6. Refused/Abandoned : The reply of the examination report has to be filed within 30 days. If the applicant fails to submit the same, the trademark will either be refused or abandoned.
7. Exam Report Issued : The examiner is satisfied with the reply and the application has been accepted or other query has been raised by the examiner of trademarks.
8. Ready for Show Cause Hearing : The objection reply was not satisfactory according to the examiner so the Application has been issued for hearing.
9. Advertised before acceptance : The examiner is satisfied with the reply and the application has been accepted or other query has been raised by the examiner of trademarks.
10. Accepted & Advertised : Our application has been published in the Trademark Journal for a period of 4 months.
11. Opposed : When a third party raises opposition against our application. The status of our application will show “Opposed”. The applicant has an option to address the opposition.
12. Withdrawn : : If the applicant wishes not to fight against the opposition raised in the report, he/she can withdraw their application. In such cases the status of the same will show as “Withdrawn”.
13. Registered : Trademark has been registered successfully.
Any Person or Organization can make application for Trade mark Registration who owns it. The person can make application for Trade mark which he is going to use in future. However prior use of Trade mark in Business is always helpful.
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Trademark as defined 1999 under section 2 in the Trademarks Act, “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.
A service mark is not separately defined under the 1999 Act, but is included in the definition of a trademark. Service mark, in general, is a mark that helps us in identifying the services provided .
Any person claiming toe be the proprietor/ director of a trademark in use or proposed to be used, may apply for trademark registration in the prescribed manner on the portal.
No, registration of trademark in not mandatory in India but registering your trademark will protect the logo and prevent others from using the same or similar trademark. It will also help in distinguishing your goods & services from others.
The registration of trademark gives exclusive(subject to certain terms and conditions) right to the owner to use trademark in relation to the goods and services in respect of the goods and services for which the mark . It also offers a distinct recognition to the company /goods or services. Registration of trademark prevents others from using same or similar trademark.
After filing the trademark application on the portal, we can use ™ and after receiving the registration certificate we can use ®.
Trademark is valid for a period of 10 years. After completion of the term we can apply for renewal by filing TM- R along with statutory fees.
Section 9 of the trademarks act, 1999 provides absolute grounds, and section 11 provides relative grounds for refusal of registration of India. Objections can be raised when there is clerical error, it is non-distinctive, or it indicates our service in trade as per section 9 of the Trademarks Act, 1999. Section 11 is mentioned when there is already a similar registered trademark prior to our application which would create confusion among the people.
Trademark is an intellectual property, an asset, so we can transfer the owner’s right, title and interest with respect of the trademark. In another way, we can say it is the transfer of ownership with or without the goodwill of the business. In case the trademark is registered, such an assignment has to be recorded in the Register of Trademark.
A trademark has to have one basic feature that is it should be unique and create a brand identity for a product. Generic words can’t be trademarked. For example you can’t trademark the words like TV, Fridge, scooter, car etc. The names of the cities and countries can not be trademarked. The names of Gods and Goddesses and the names of religious books can not be trademarked.
In the case of an individual or a HUF
• Identity proof
• Address proof,
• Citizenship and;
• Business registration document (if available).
In the case of Company/LLP
• Shops Establishment License;
• Certificate of Incorporation and;
• Address proof of the company.
In case of Partnership firm
• The Partnership Deed.
Apart from these, there are no particular documents to be filed. Different forms for different types of applications have to be filed for registration of trademarks.
1. Wordmark - Wordmarks are texts- based trademarks.
Example : Nestle
2. Service Marks - Marks that represent the services which the company or a proprietor deals in.
Example : FedEx, DTDC
3. Logos and symbol - A logo/symbol is a trademark which comprise only of printed/painted pictures. These kind of trademark do not consist of letters or numerical.
Example : Google, apple.
4. Shape of goods - The shape of a product or the shape of goods may serve a function of identifying the source of goods.
Example : Coca-Cola, yahoo.
5. Collective mark - When a group of people, associations or organizations. This mark appears to distinguish organizational origin. Collective trademark can be used by various people provided that the applicant is a part of the association or group of people.
Example : Red Cross, CA, and ICSI.
6. Sound mark - Sound mark is a mark is a sound which will help in identifying our goods or services. Sound mark should be a sound that when people hear the sound, they must easily identify the goods or services.
Example : Vodafone, IPL.
7. Colour mark - If a particular or combination of colors helps us to identify our goods/services, then the same can be registered as trademark. It is toughest trademark to identify.
Example : Cadbury, McDonald’s, Pepsi.
8. Three Dimensional Mark - The three-dimensional trademarks (3D trademarks) are usually presented as the physical appearance of the product or substantial packaging in three-dimensional images.