Trademark Registration Online - Process, Documents Required & Benefits

What is Trademark registration?

A trademark is a unique word, sign, symbol, logo, design, phrase, or expression that distinguishes the products of one company from another. They are legally recognized and classified as intellectual property and cannot be copied or infringed.

Trademark registration is the process of registering the trademark with Intellectual Property India’s database. Once a trademark is registered, it becomes legally protected and cannot be used by another person.

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What are the Benefits of Trademark Registration?

Below are the crucial benefits of trademark registration.

• Provides Exclusive Rights - It provides exclusive rights to the trademark owner over the trademark. The owner uses the same trademark for all the products that fall under the same class.
• Helps Recognize the Company - A trademark helps people recognize the company or the brand and makes it easier to promote their products and services.
• Helps Distinguish Products - Trademark registration helps customers identify the products and services and differentiate between different products.
• Builds Goodwill of a Brand - The quality and points of difference will make it easier to create goodwill for the brand, gain trust, and gain some loyal customers.
• Increases Sales - The brand name also helps the customers recognize the product quality based on the product name and boost overall sales.
• Creates an Intangible Asset - Trademark registration makes it an intangible asset that can be sold, reassigned, contracted, or franchised.
• Protects the Property from Infringement - Trademark registration protects the trademark from being used without consent. If such unauthorized use happens, the trademark owner can seek legal protection.

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Types of Trademark Registrations in India

The types of trademark registrations that are available in India are listed below -

• Product Mark - A product trademark or a product mark is a mark used on a good or product and not on service. It is used to recognize the origin of a product and maintain the reputation of the business.
• Service Mark - A service mark is a trademark used to register a service, not a product. The service mark differentiates its proprietors from the owners of other services.
• Collective Mark - A collective mark informs the public about specific features of a product or service representing a group. It allows a group of individuals to collectively protect their goods or services.
• Certification Mark - A certification mark is a trademark that represents the origin, material, quality, and other specific details of the product. This trademark can be used to uplift the product’s standard. It shows that the product has undergone standard quality checks to ensure quality.
• Shape Mark - Shape mark is used to protect the shape of a product. This trademark is used to identify the manufacturer. The shape of a product can be registered if it has a noteworthy shape. An example of shape mark is the coca-cola bottle and fanta bottle shapes.
• Pattern Mark - Pattern marks are products with distinct designs that serve as their identifying feature. A pattern must demonstrate uniqueness to be registered; otherwise, it may be rejected if it doesn't stand out or serve a purpose.
• Sound Mark - A sound mark is a distinctive sound linked to a product or service from a specific supplier. To register a sound mark, people must easily recognize it as representing that product or service.

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Brief Overview of Trademark Registry

The Trademark Registry in India was established in 1940, and the subsequent passage of the Trademark Act 1999 solidified its role as the governing body for trademark protection. As the operational arm of the Act, the registry ensures compliance with trademark laws and regulations. Based in Mumbai with branch offices in Delhi, Ahmedabad, Chennai, and Kolkata, the registry handles trademark registration applications. Before granting registration, the registry carefully examines each mark to ensure it meets the criteria sketched in the Trademark Act and protects the unique identity of businesses and their brands.

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Who can Register a Trademark?

Here’s a list of the people or organizations that can register a trademark -

• Individual - Any individual with or without a business can register a trademark for any word, symbol, or product that he wants to use exclusively in the future.
• Joint Ownership - A company’s joint owners can register a trademark and mention both their names in the application.
• Proprietorship Firm - A proprietorship firm can do trademark registration under the proprietor’s name.
• Partnership Firm - A partnership firm can also get a trademark registered by mentioning the names of all the partners with a maximum of 10.
• Limited Liability Partnership (LLP) - An LLP can register a trademark in the name of the LLP and not the partners, as the partners have their own identity.
• Indian Company - The Indian company can apply for trademark registration in the company’s name and not the directors as it is a separate legal entity from its shareholders.
• Foreign Company - If a foreign company applies for trademark registration in India, the corporate name registered in the foreign country should be used.
• Trust or Society: A trust or society registered in India can also apply for registering a trademark.

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What Documents are Required to Register a Trademark?

Below are the documents that you must submit for trademark registration -

• Certificate of Incorporation - The company's incorporation certificate received at the time of incorporation, whether it is registered as a company or LLP.
• PAN Card - PAN Card of the authorized signatory must be furnished.
• Aadhaar Card - Aadhaar card of the authorized signatory, i.e., the applicant, must be submitted.
• Partnership Deed - The formation of a partnership firm requires a partnership deed. The partnership deed formed at the time of registration must be submitted along with the application.
• Signed Form TM 48 - TM 48 is a form signed by the applicant that allows the attorney to submit the trademark application with the registry on your behalf.
• Logo - You need to upload your logo in the colors you want to use to ensure your logo is trademarked in your brand colors.

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What is the Process of Trademark Registration Online?

To apply for trademark registration online, you can follow the steps given below -

Step 1. Find a Unique Brand Name - Search the internet for a unique brand name that is not currently used. Ensure the brand name is quirky, as all the generic names would already be used. The search can also be done on intellectual property websites.

Step 2. Prepare a Trademark Registration Application - Prepare the trademark registration application by attaching the following documents along with the application -

• Proof of the registration of your business
• A soft copy of the trademark
• Power of attorney signed by the applicant.

Step 3. Filling out the Brand Name Registration Application - The next step is to file the brand name registration application either manually or online. For manual filing, you will have to visit the registrar's office of trademarks in major cities like Mumbai, Kolkata, and Chennai and wait for 15-20 days to receive the acknowledgment of the same. Trademark registration online provides you with an acknowledgment of receipt instantly.

Step 4. Examining the Brand Name Registration Application - In this step, the registrar examines whether your brand name application is in accordance with the existing law. Also, the name should not be identical or similar to an existing trademark.

Step 5. Publish your Brand in the Indian Trademark Journals - Once the examination is complete, the register of trademark publishes the trademark in the Indian Trademark Journal. If no one raises any opposition within 3 months of publication, the registrar arranges to issue the Trademark Registration Certificate.

Step 6. Issuance of the Trademark Registration Certificate - Lastly, the registrar accepts your application if there is no opposition within the stipulated time or after the hearing of trademark opposition.

The entire process of trademark search and trademark registration online can be time-consuming and confusing for the general public. The best way to tackle this is to take assistance from a CA. Get eCA assistance today!

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How to e-file Trademark Registration online

To e-file your trademark registration online, follow these steps:

Create an Account:

• Visit the IP India website: https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx
• Click on "Trademark e-Filing."
• Choose "New User Registration."
• Provide your details, including name, email, mobile number, and password.

Login and Access the e-Filing Portal:

• After successful registration, login to your account using your credentials.
• Navigate to the "Trademark e-Filing" section.

Select Application Type:

• Choose the appropriate application type based on your requirements. This could be a new application, a renewal, or an amendment.

Provide Trademark Details:

• Enter the trademark name or logo.
• Choose the appropriate class or classes for your goods or services.
• Provide a description of the trademark and its use.

Upload Required Documents:

• Upload the necessary documents, including:
  • Trademark representation (logo, wordmark, etc.)
  • Declaration of ownership
  • Power of attorney (if applicable)
  • Any other relevant documents

Make Payment:

• Pay the prescribed fees online using various payment methods.

Submit Application:

• Review your application carefully and submit it. You will receive a confirmation number.

Track Application Status:

• Use the tracking feature on the IP India website to monitor the progress of your application.

Note: It's advisable to consult with a legal professional for guidance throughout the process.

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Trademark Registration Fees

In order to file a trademark application, you need to fill out Form TM-A. Under this form, you can register your trademark beyond one class. This form can have two different cost brackets.

Rs. 9000 or Rs.10,000

If you are not a start-up, small enterprise, or individual, you will fall under this bracket. You have to pay a fee of Rs.9,000 if you file the form in the office with the Office of trademarks.

Rs. 4500 or Rs.5,000

If you are an individual, small enterprise, or start-up, you will fall under this category. In this case, the fee for e-filing the Form will be Rs.4500, and if you file it in person, you will have to pay Rs.5000.

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Things You Need to Know Regarding Trademark Registration

Given below are the major things that you need to know about trademark registration -

• Visual Representation - There are various types of trademarks that you can register, like word marks, logos and symbols, service marks, collective trademarks, the shape of goods, certification marks, geographical indicators, pattern marks, sound marks, and color marks.
• Intangible Asset - When your business builds a strong brand, a registered trademark, as a form of intellectual property, offers many advantages. It becomes an intangible asset that can be traded, franchised, licensed, and commercially utilized.
• Protection Against Infringement - A registered trademark owner has the legal right to take action if their logo, brand, or slogan is infringed upon. They can sue any third party that uses the trademark without their permission.
• Trademark Search - A trademark search is done to see if a specific trademark already exists. It can be conducted through the Indian Trademark Registry database or via third-party service provider websites.
• Class Selection - Goods and services are categorized into 45 sectors, each called a class. When applying, a logo or brand name must be registered under the relevant class. Of these, 34 classes cover products, while the remaining 11 are for services.
• Voluntary not Compulsory Registration - Trademark registration is voluntary, but once registered, it serves as solid proof of ownership. In legal matters, decisions will favor the party that registered the trademark.
• Validity - A registered trademark is valid for ten years and must be renewed within one year before its expiration. If not renewed, the trademark will be removed. However, it can still be reinstated through a restoration process using the prescribed form.
• Trademark Symbols - Trademarks can be registered with different symbols like TM for trademark, SM for service mark, © or copyright symbol.

The entire process of trademark search and trademark registration online can be time-consuming and confusing for the general public. The best way to tackle this is to take assistance from a CA. Get eCA assistance today!

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