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.

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.

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 - 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.

What Documents are Required for Registering 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.

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!