Trade Mark Registration Process

Trademark Registration - Online Filing with Expert Help

A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registrable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registrable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.,

Trademarks in India are registered 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 and provide the trademark owner with a right to sue for damages when infringements of trademarks occur. Once a trademark is registered, R symbol can be used and the registration will be valid for 10 years. Registered trademarks nearing expiry can be easily renewed by filing a trademark renewal application for a period of another 10 years.

Reasons to Register a Trademark

Legal Protection

Only owners of registered trademarks are allowed to take action or sue for damages in case of trademark infringement. Trademark protection is not enforceable for trademarks that are not registered.All registered trademarks are valid for a period of 10 years and can be renewed for a period of another 10 years easily by filing a trademark renewal application.

Unique Identity

Trademark filing will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.

Trust or Goodwill

Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks show your customer that you care about your brand.

Creation of Asset

Trademark filing creates an intellectual property, which is an intangible asset for an organization. Registered trademark is a right that can be sold, franchised or commercially contracted.

Global Trademark Filing

A trademark filing in India can be used as the basis for trademark filing in other countries if required. Foreigners and Foreign entities can also register a trademark in India if required.

Identity and Business Proof

Identity proof like passport, drivers license, aadhaar card, voters id or ration card for the trademark owner or person authorised by the trademark owner for filing the trademark application.In case of legal entity or registered body, then partnership deed or incoporation certificate or registration certificate is required.

If the trademark application is made for a word, logo is not required. In all other cases, logo must be submitted preferably in black and white format. The logo must contain the exact words mentioned in the trademark application.

Form-48 authorises an Attorney to file a trademark application on your behalf with the Trademark Registrar. In case a claim for previous use is made on the trademark application, then trademark user affidavit must be submitted.