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What is Trademark Registration?
A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc, which is used by businesses to distinguish its services or products from those of a different business. In India, Trademarks are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999. It gives the trademark owner the power to sue for losses when infringements of trademarks happen.
Registered trademarks are the intellectual property of the business. They are used to safeguard the company’s investment in the brand or symbol. It is mandatory for a company to register its chosen Trademark as it will act as a unique symbol for the products and services they provide.
Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Moreover, a trademark is not registrable if it is offensive, general, unreliable, not unique, includes specifically protected emblems, etc.
Once the trademark registration process is done, the ® symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can be renewed by filing a trademark renewal application for a time period of another 10 years.
Who can apply for a Trademark?
In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials, or a mixture of all these can be registered as a trademark.
A trademark application can be made by:
- Private firms
- Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
Note: In the case of NGOs and LLPs, they must apply registration of the trademark in the name of the concerned business or a company.
Trademark Symbols and their Usages:
- ® Symbol: You receive the R symbol the moment you file the trademark application for registration. This type of symbol assists protects the trademark from getting copied by others.
- ™ Symbol: This symbol is for unregistered trademarks. It informs others from copying your logo, name, or symbol. It does not give you copyright protection, and others can apply your logo or name in case your application gets denied.
- © Symbol: The C symbol stands for contents that do not have any copyright issues. The symbol is necessary for many countries for copyright claims.
- ℠ Symbol: The service industry applies this symbol. The symbol is suitable for classes from 35 to 45. It never assures protection upon copyright issues.
Benefits of Trademark Registration
Procedure for Trademark Registration
Documents Required for Trademark Registration
- Proof of Applicant
- PAN Card and Address Proof of Applicant
- Certificate of registration (other than an Individual applicant)
- Brand Name & Logo
- Power of Attorney, to authorise us to file on their behalf
- User Affidavit
- Proof of TM Use
- MSME / Start-up Recognition
- Signed Form TM – 48
- Board Resolution (in case of a company)
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Frequently Asked Questions
Trademark registrations are unique to the goods or services they describe. The registrations can be product or service-specific. Also, they are made under a Class of goods or services they signify. The trademark registration will, hence, be valid for the whole class of goods or services it describes.
Yes, the authorities mandate it for applicants to check all the documents they submit including the application for trademark registration by applying a Class III Digital signature. Our experts will help you e-verify all the documents in the correct way.
Symbol “TM” can be applied after filing a trademark application. After registering a trademark a symbol “R” must be used. The ® symbol may only be used in connection with the goods and services mentioned on the registration certificate.
The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes of the goods/services. The trademark would be registered under those classes only.
A trademark is an intellectual property that is being assigned to a word or logo but on another hand, copyright assures you the protection for your unique content such as books, music, videos, songs, or even software.
No, the registered trademark under Trademark Act 2000 is only valid in India. But in few other countries, it can be used as a base for registering the trademark in those countries.
The Trademark Registry has classified goods and services under 45 classes. The class/classes of the goods/services should be mentioned accurately in an application. When doing a Trademark search you should only worry if a trademark with a similar name already exists in the same class.
|Class 1||Chemicals||Class 16||Stationery & Paper Goods||Class 31||Fresh Fruits & Vegetables|
|Class 2||Paints, Coatings||Class 17||Rubber Products||Class 32||Beer & Beverages|
|Class 3||Cleaning Products||Class 18||Leather Goods||Class 33||Alcoholic Beverages|
|Class 4||Fuels, Industrial Oils||Class 19||Building Material||Class 34||Tobacco Products|
|Class 5||Veterinary Products||Class 20||Furniture||Class 35||Advertising & Business Services|
|Class 6||Metals, metal castings||Class 21||Crockery||Class 36||Insurance & Financial Services|
|Class 7||Machines and Machine Tools||Class 22||Ropes||Class 37||Construction & Repair Services|
|Class 8||Hand Tools and implements||Class 23||Yarns & Threads||Class 38||Telecommunications Services|
|Class 9||Computers & Scientific Devices||Class 24||Fabrics||Class 39||Shipping & Travel Services|
|Class 10||Surgical Instruments||Class 25||Clothing,Footwear & Headgear||Class 40||Treatment of Materials Services|
|Class 11||Appliances||Class 26||Lace & Embroidery||Class 41||Education & Entertainment Services|
|Class 12||Vehicles||Class 27||Carpets||Class 42||Science &Technology Services|
|Class 13||Firearms||Class 28||Games & Toys||Class 43||Food Services|
|Class 14||Jewellery||Class 29||Meat Extracts||Class 44||Medical & Veterinary Services|
|Class 15||Musical Instruments||Class 30||Coffee & Rice Products||Class 45||Legal & Security Services|