What is Trademark Registration?

A trademark is an exclusive identifier which is used to distinguish between the goods and services handed by one company from others. Trademark can be a logo, a picture mark, any symbol, drawing or any expression that can be used to distinguish or identify the goods and services from the goods and services of other associations.  Trademarks are Intellectual property rights which are defended under ‘The Trademarks Act 1999’.

The purpose of Trademark Acts, 1999 is to provide protection to the users of trademark from infringement and to direct the condition on the property it also provides legal remedies for the implementation of trademark rights.

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Types of Trademarks

Trademarks are very essential to protect the brand and, at the same time, help consumers guarantee the origin of services or goods. Every type of trademark has its purposes. The overview of the main types of trademarks is given below:

• Word marks: These marks comprise of letters, numerals, words or a blend of these components. For instance- IBM, GOOGLE and H&M
• Device marks: Device marks comprise of logos, stickers, labels and any geometrical figure in a form of an image and it may comprise a word or blend of words. For instance- android mark and apple logo.
• Sound mark: These protect distinctive sounds associated with a brand. For instance- Yahoo, radio in commercials.
• Three dimensional mark: It includes shape and packaging of the goods which must be distinctive from the shape and dimension of the competitor’s shapes. For instance- bottle of coca cola and toblerone chocolate packaging.
• Colour trademark: If combination of colours become distinctive feature indicating the services of a specific trader, then it can be registered as a colour trademark. For instance- Louboutin heels (the colour red for the sole of women’s heels).
• Smell mark: A smell which is distinctive and which cannot be mistaken as an associated product. For instance- Perfumes.
• Shape of goods: It includes distinctive shapes of goods and packaging. For instance- shape of ‘Zippo lighters’ and shape of ‘Vodka bottles’.

Trademark Registration Process (Step by Step)

Navigating the legal trademark system in India is crucial to create a distinctive identity. Trademark registration is the process of obtaining legal protection and protection for a logo or brand.

Steps to register your trademark in India:

Step-1: Trademark Search- The first step in registering a trademark is to become aware of the name, editor, emblem, or symbol a good way to be used as an indicator. Validate if a certain trademark previously exists or not.

Step- 2: Preparation and filing of trademark registration Application- Submit a Trademark Registration Application to ‘Trademark Registry’, that includes crucial details like- applicant’s name and address, trademark logo/slogan, goods and services for which the trademark is proposed and the date of first use.

Step-3: Review Process- Application is reviewed by the registrar. The registrar will investigate the application and may advance objections. Registrar will prepare an examination in writing and send a copy of it to the applicant with 30 days to inform them whether they want to approve the registry or not. The registrar could issue an examination report expressing any concerns about certain provisions of the Trademark Act of 1999. 

Step-4: Post Review Process- It includes answering the formal objections and, if necessary, requesting a hearing. Evidence must be submitted by the applicant to support the trademark application. If the examiner is fully satisfied after the process of hearing, he may accept the mark and may arrange to forward it for publication in the Trademark Journal, or he may refuse to do so in case any objection still exists.

Step-5: Publication of Trademark- Trademark publishing in the official paper or trademark journal with the intention of attracting public protestations submitted within three months or (four months in certain cases) of the publication .

Step- 6: Replying to Objection- If any objections do arise, they must be overcome within the provided time. This may involve filing a response to the examination report, arguments and evidence for overcoming objections, or amendment of the application in order to cover the deficiencies.

Step-7: Registration Certificate- Registration Certificate- Certificate is granted to the applicant if there may be no objection. The registration certificate provides legal protection to the trademark owner. The whole registration process may take up to 1-2 years depending on the complexity of the application.  A registration certificates is valid for ten years, after which it can be renewed after paying a renewal charge.

Fees and Renewal Charges of Trademark Registration

Renewal and charges- To preserve the trademark registration active and to keep the safety you have to renew your trademark in each 10 years.

Fee for Individuals/ Start-ups and Small Enterprises:

• Per Class: ₹4,500 

Fee for Other Units (Companies, Organizations):

• Per Class: ₹9,000

Following these procedures to the letter assist you to acquire distinctive rights to your trademark, shielding it from unauthorised use. Getting professional counsel can assist to make sure that your trademark registration is successful and complies with necessities by means of streamlining the manner and coping with any complicated troubles that could arise.

Conclusion

Trademark registration is a very crucial process for the protection of one's brand and the registered identification marks related to a business. Provided one follows it carefully at each stage, starting from conducting an exhaustive search and dealing with objections to maintaining the registration, securing an exclusive right to the trademark and building brand presence would not be an issue. It ensures that others cannot use a similar mark that is of central tendency to cause confusion and provides a sturdy foundation for the growth and reputation of your brand.

Read Our Blog: 

• What is Trademark Registration?
• Trademark Registration in India: The Whole Mechanism
• The Madrid Protocol - International Trademark Registration
• International Trademark Registration in India