Trademark or Brand Registration

A trademark is a mark that uniquely identifies you, your business, your products or the services that your provide. Clearly stated, it is a mark of your trade. It is your brand. There are many ways for you to define your brand. You can use a name as your trademark, you can use a smell, you can use a shape or you can use an image. Regardless of your choice, you will have a unique identity. That being said, it is also important to protect this identity through trademark registration in India.

What is trademark registration? It is an IPR or an intellectual property right. It is a right through which you can be the exclusive owner of your trademark in the eyes of the law. As a result:

1. You will have exclusive ownership of the mark.
2. The cases of trademark infringement can decrease.
3. You can assign your trademark and therefore, sell it.
4. You can license your trademark to someone else.

Long point short, through trademark registration online you can the exclusive right to use your mark for your trade. If, by chance, someone tries to use your mark, you can file an opposition case against that someone for financial damages.

However, in order to bask in these trademark registration benefits, you need to obtain the registration first. The steps of such a registration are as follows:

1. First, you need to file the trademark registration application. When filing this application, you need to make sure that you have access to all the requirements namely:
   1. Your ID proof
   2. The Digital Signature certificate
   3. Your mark
   4. Your address proof.
2. Submitting the application leads to the Registrar of Trademarks receiving it. The examiner then checks the application and carefully creates and examination report.
3. The examination report can either yield positive or negative results. You shall be notified about the report by the department. Or, you will have to make a trademark registration enquiry to get the answers.
4. The trademark application is accepted, it is going to be published in the trademark journal.
5. Once in the journal, it shall remain published for 4 months. During this period, the general public can check the journal.
6. If the general public don’t oppose you trying to register the trademark, you trademark shall be registered.

As you might have already gathered, common laymen won’t be able to conduct the procedure of trademark registration. You can definitely try, but for guaranteed results, you need the aid of trademark registration agents.

Abgps Advisory is a team of such trademark registration experts. We shall organize your documents, we shall file your application and until your trademark is published, we will be with you at every step of the way, and then some.

For further trademark registration enquiries, you can contact our experts.

Required Documents for Trademark or Brand Registration

• Identity proof and
• Business registration document

• Shops Establishment License
• Certificate of Incorporation and
• Address proof of the company

• The Partnership Deed

FAQs

What is a trademark?

A trademark is a unique design, text or sign used by a person or a business to keep its products and services distinctive from competitors. It makes it easier for buyers to identify a brand’s products and make purchase decision easily.

What are the qualities of a good trade mark?

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.

Who publish the mark in trademark journal?

Trademark registry publishesthe Trademark in Trademark Journal.

Is the trademark registration mandatory in India?

No, trademark registration is not mandatory in India but it is advisable to go for it.

A trademark is designated by the following:

• ™ (For an unregistered trademark, a mark used to promote or brand goods)
• ® (For a registered trademark)

What can be registered as a trademark in India?

Following marks can be registered under the Indian trademark law:

• Names
• Letters
• Devices
• Numerals
• Shape of goods
• Signature
• Slogans
• Sound Marks
• Invented / Coined Words

Combination of colors

Do I need different trademarks for different products/services?

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.

Can I sell or transfer my trademark?

Yes, being an intellectual property, it can be sold, transferred, gifted or franchised by the owner. 

Is it possible for a foreign entity to apply for trademark registration in India?

Yes, a foreigner or a foreign entity can apply for trademark registration in India.

Is trademark registration in India valid all across the world?

No, trademarks registered in India remain valid only in the country.

How long it takes to register a trademark in India?

Trademark Registration is a complicated process and it takes around 18-24 months to obtain registration in a direct case, without any objections or oppositions. However, the trademark application number is typically issued within one or 2 days after application submission.

What documents I need to submit for registration of trademark?

Basic Documents are given below:

• Trademark Application
• specifications of goods or service for which application is made
• Representation of mark in prescribed size and format

For how long, my trademark will remain valid?

In general, trademark registration is valid for a period of 10 years. One needs to renew it after a period of 10 years.

How a trademark different from a copyright?

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.

Who can submit an application for trademark registration?

Any individual can make a trademark registration application.

Is proof of use necessary for filing a trademark in India?

No, use of mark before registration is not mandatory in India. Trademarks that are intended to be used can also be registered in India.

Which trademark cannot be registered?

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.