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Trademark Registration

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    Trademark Registration

    A Trademark (TM) is a distinct symbol, sound, mark, design, phrase, pattern, or a combination of any of these. TM is a form of Intellectual Property (IP) that helps customers distinguish your brand from others within the business and legal ecosystem. In India, the (CGPDTM) Controller General of Patents, Design, an office under the Ministry of Commerce and Industry grants trademarks. The Trademark Act 1999 is the primary legislative framework that governs trademark registration and prevents/protects fraudulent use of TM.

    A registered TM empowers its owner to sue anyone for injunctions, damages, and other remedies in case of trademark infringement. A TM remains valid for 10 years and requires renewal application periodically. Ideally, a business must renew TM one year before the expiration date. However, in case you miss the deadline, you’ll be provided a 6 month grace period commencing from the date of expiration.

    Having a TM ownership and your TM registered are two different aspects. You become a TM owner as soon as you start using your mark while selling goods and services. Use of the TM symbol indicates your intent to register, however, does not provide legal protection until the TM is registered. Thus, companies with unregistered trademarks use the TM symbol whereas those who have successfully obtained the authorization can affix the R symbol with their mark.

    A mark cannot be registered as a TM if it is created to deceive the public, hurt religious sentiments, cause confusion, and contain obscene matter. Moreover, proposed trademarks that are identical to an existing registered trademark, are offensive, general, unreliable, and not unique are likely to be rejected by the Registrar.

    Trademark Registrations are done through “LegalRaasta” in Delhi NCR, Mumbai, Bengaluru, Chennai & every major Indian city. We offer a wide range of quality trademark services such as TM filing, trademark search, trademark renewal, and patent registration, among others. We will assist in choosing a TM that is unique, prepare for any potential rejection, and ensure your TM protection.

    Documents Required for Trademark Registration

    As a Trademark Attorney, we will present your TM application form before the TM Registry. To commence the application process, we will be requiring an Authorization Letter or Power of Attorney (Form TM-48) that will authorize us to act as your attorney/ trademark agent. As soon as we receive the signed power of attorney which is nothing but an official document signed by you, we will compile all your documents and file with the concerned authorities. Provide the following documents to register your TM:
    • Proof of Identity: Aadhar Card or PAN Card
    • Proof of Identity: Bank statement, Electricity Bill, Utility Bill, etc.
    • Certificate of Incorporation: If the TM is registered by a company.
    • Partnership Deed: In case the TM is registered under a Partnership Firm.
    • User Affidavit: Claims prior use of TM in commerce (while selling goods and services)
    • Form 48: A form signed by you authorizing an agent (Legal Raasta) to file the application on your behalf.

    Documentation – Detailed Breakdown

    • For Individuals: Individuals who are willing to get their TM registered have to provide their personal details such as name, nationality, address, and proof of identity (Aadhar Card, Voter ID card, Passport, etc.)
    • For Companies: Companies (Private Limited, Proprietorship, OPC, LLP, Partnership firm, etc.) are required to submit documentation such as Incorporation Certificate, Company’s PAN card, Udyog Aadhar Certificate, Name and Address of Authorized Signatories (Partners, Directors, etc.).
    • Use of Logo with Tagline: If a trademark application is prepared for a tagline containing only words, applicants do not have to submit logo details. However, if the tagline is in conjunction with a logo, the logo must be submitted in black and white format. The number of words in the logo must exactly be the same as specified in the application for a TM.
    • Brand Name & Logo: Although not strictly mandatory, an applicant can submit a clear, black-and-white pictorial copy of their logo while filing for Brand Name Trademark registration.
    • User Affidavit: A user affidavit, also referred to as ‘Statement of Use’ is a legal document that confirms the use of trademark ™ in commerce even before its filing with the Registrar. It states that TM proposed for registration is already in use for a significant amount of time, and thus requires the applicant to provide evidence of this ‘prior usage’.
    • Proof of TM use: To prove that the proposed TM is used in connection with the goods and services, an applicant can submit Invoice or Sales Records, Product Packaging, Website Screenshots, and Advertising and Promotional Materials.
    • MSME or Start-up Recognition: The Government of India has reduced the TM government registration fees by 50% for body corporates operating as MSMEs and Start-Ups in India.
    • Signed Form TM–48: If the trademark is filed through an attorney, it is essential to submit a signed Form TM-48. It allows trademark agents to act on behalf of their clients before the Indian Trademark Registry.

    Who can all apply trademark online?

    In context to the tm rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials, or a mixture of all these can be registered.

     

    A trademark application can be made by:

    • Private firms
    • Individuals
    • Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
    • NGO’s

    Note: In the case of NGOs and LLP companies the trademark has to be applied for registration in the name of the concerned business or a company.

    Any person, pretending to be the proprietor of a tm used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the tm, the goods or services, the name and address of the candidate with power of attorney, and the time of use of the mark. The application must be in English or Hindi. It must be registered at the appropriate office.

    Advantages of Trademark Registration

    Consultation
    Application Preparation
    Name search & approval
    Application Filing
    Same day Filing
    Government Fees

    Advantages of Trademark Registration

    Legal Protection Against Infringement:

    TM registration safeguards a brand against infringement, allowing it to take legal action in case a third party uses it without prior permission.

     

    Distinct Identity:

    TM creates an easily recognizable and unique mark, enabling customers to distinguish the brands instantly and eliminate instances of imitation and counterfeiting by competitors.

     

    Marketing Tool:

    TM registration acts as a vital marketing tool, helping brands to stand out from competitors, expand their customer base, enhance brand credibility, and increase the company’s value and attractiveness.

     

    Global Recognition:

    A TM that is registered and filed in India is permitted to be registered in other countries (outside India as well). Moreover, foreigners can also get their trademarks registered and filed in India.

     

    Enhance Brand Value:

    A registered TM enhances a company’s net worth, goodwill, and brand value in the market as consumers link TM with optimal quality and performance.

     

    Competitive Advantage:

    A trademark helps brands create a strong market presence, demonstrate authenticity and quality of goods and services, and thus give a competitive edge against rivals.

     

    Sales and Market Share:

    A legally protected brand can easily enter into new locations and expand its business, ultimately leading to increased market share and profitability.

     

    Additional Revenue Stream:

    Trademarks can be sold, assigned, licensed, franchised, and used commercially, allowing businesses to generate additional sources of income.

     

    Protect Commercial Goodwill:

    A trademark’s registered owner has the power to build, secure, and protect the goodwill of his/her goods or services.

     

    Valuable Asset:

    For a brand, a trademark is a valuable asset that can also be pledged as collateral to secure funding from the lenders.

     

    Right to Use R Symbol:

    The company can use the registered symbol (®) once the TM is filed. The logo is legitimate legal proof that the TM is already registered and cannot be used by another individual or company.

     

    Exclusive rights:

    The proprietor of a registered TM receives exclusive rights over their TM item, preventing others from using deceptively similar or identical trademarks. Moreover, the same trademark can be applied by the owner for all the products that fall under the same classes.

    Trademark Objected

    If a Trademark is registered and the status is shown as “Objected” this indicates that the authority has received 1 or more objections on the tm, this can be because of duplication of existing registered trademarks, or else the trademark will be offensive even if there are various other reasons for trademark objection. The objection is raised under section 9 and section 11. In Section 9 the objections are made if the authority determines the tm to be descriptive of goods. To overcome such objection you are required to give proper evidence and prove distinctive of your tm.

    In Section 11 the objections are made by the authority when they see the same tm which means such a tm already exists for similar goods, services, or products. When the objection is done, the candidate is required to make sure that he/she gives appropriate documents within the provided time, this will help you to overcome the objection.

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