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Trademark Registration in India
A trademark can be a word, name, label, colour combination or numbers that are used by businesses to differentiate their goods or services from other same goods or services made in different businesses. For Nestle and Cadbury both are chocolates but have different marks.
Trademarks in India are classified 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 give the trademark owner the authority to sue for losses when infringements of trademarks happen. Registered trademarks are intellectual property for business, they are used to safeguard the company’s investment in the brand or symbol. Trademarks are necessary to get registrable if it is unique for the products and services you give. The maximum of the businesses usually looks for registration of the logo or name only. If you have come up with a unique idea or logo, then the only alternative to save it as your own unique identity is to patent it. A registered trademark is your business’s intellectual property or intangible asset. It serves as a protecting cover of the company’s investment made in the logo or brand.
Once a trademark registration process is done, the R symbol can be used and the registration will become valid for 10 years. After 10 years the trademark can be renewed, you just have to apply for a trademark renewal application before the expiry date of your trademark.
TrademarkCart offers registration in various countries like the USA, Dubai, India, Sri Lanka, Australia, New Zealand, Hong Kong, Singapore, UK and many more. We offer a quality of trademark services like trademark filing, trademark search, trademark renewal, and patent registration, etc.
- First-to-Use System: This identifies the rights of the first person to use a mark for commercial purposes. The protection under this system is not very strong.
- Intent-to-Use System: The use of the mark under this application must be shown within 5 years of the application. This does hold a few privileges, though
In the United States, it is not registration, but the exact use of a designation as a mark that generates rights and priority over others. Thus, the rule is that ownership of a trademark goes to the” first-to-use”, not the “first-to-file”.
What Can Be Trademarked?
A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Dhirubai Ambani can be trademarked.
A word which is not being directly descriptive of the character or quality of the goods / service. For example Google is a word which has been trademarked.
Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand.
Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo.
Sound marks in audio format. For ex the sound in the ad jingle
Who Can Apply For Trademarked ?
The person who can apply for trademark registration are :
An individual doing and not doing any business is also likely to file a trademark application and get trademark registration for a word or symbol that is intended to be used by him/her in the future. When filing the trademark application as an individual, the full name of the applicant is needed.
In case 2 persons come together and choose to file a trademark application, then the names of both the person must be specified on the trademark application.
In proprietorship firm filing a trademark application, the full name of the Proprietor must be specified in the application. A business name or proprietorship name is not adequate as the name of an individual. This is because a business name or proprietorship name is more like an alias for the actual person and proprietorship firms are not a separate legal entity. Still, if a proprietorship name or business name is included in the application in addition to the name of an individual applicant, those details will be taken separately.
In partnership firm filing for a trademark application, the names of all the partners are necessarily needed to be specified in an application filed by a partnership firm. Partnership firms are not viewed as a separate legal entity and hence, the names of all Partners must be specified in the trademark application.
Limited Liability Partnership
A Limited Liability Partnership making a trademark application, the application for registration must be done in the LLP name. An LLP being an incorporated body has its own identity. Thus the partner by themselves cannot be the applicant.
Private Limited Company or OPC
In a private limited company or one-person company making a trademark application, the application for registration must be done in the company name. A company is an established body that has its status other than its directors, therefore a director of the company cannot be the applicant, although the application can be signed and presented by the Director or any officer, authorized by the company.
In the case of a foreign incorporated entity making a trademark application in India, the application for registration should be made in its corporate name, as registered under the foreign country. The nature of registration, country of incorporation and the law under which the company is registered, are to be considered. If the foreign company has no principal place of business in India, the applicant’s address for service in India must be specified in the application.
Trusts or Society
If a trademark application is done on behalf of a Trust or Society, the name of the Managing Trustee or Chairman or Secretary describing the Trust or Society should be specified.
Advantages of Trademark Registration
- Global Filling of Trademark: A trademark that is registered and filed in India is allowed to be filed in other countries. Besides, foreigners can also get a trademark registered and filed in India.
- Legal Protection: A registered trademark owner has the legal right in case of violation i.e you dispute that your trademark is repeated by someone else, you sue them for copying your logo, brand, name or slogan.
- Protection from Infringement : Filing a trademark secures the trademarked object is not used without permission by any other company or Individual. But, if the trademark is used by a 3rd-party without the approval of the owner of the trademark, the owner can claim legal protection upon the act and even sue the person or the company who made the wrong usage of the trademark.
- Exclusive rights: The owner of a registered trademark will be capable to have exclusive rights over the trademark. The same trademark can be practiced by the owner for all the products that fall under the same classes. Having the sole rights on the product or services also allows the owner to stop any kind of illegal use of the trademarked thing.
- Differentiating products: Trademarking helps the consumers to find out about the products quickly. They can distinguish among the different kinds of products as the products tend to build an identity for themselves.
- Promotes Goods and Services: Registering a trademark establishes the face of the company or the goods and services. This helps to distinguish and promote brand creation. Most of the companies get their status by trademark so it meets a significant role in promoting and enhances the brand value.
Validity time of Trademark Registration
Once a trademark application is registered, the applicant can start applying the TM symbol on products or services. All registered trademarks are valid for 10 years from the date of registration.
When the registered trademark validity times about to get expired apply for its renewal and get your time extended.
An expired trademark can be renewed by Form TM-13 (Restoration & Renewal) after 6 months and within 1year from the expiration of the last registration of the trademark.
At the end of the validity of a trademark, a trademark can be renewed simply by giving the Government fee for registration within 6 months by Form TM-12 Renewal of Registration from the date of expiry of the trademark.
The Trademark Registry has listed goods and services under 45 classes. Your application must specify the classes of the goods/services. The trademark will be registered under those classes only.
- Class 1-Chemical, unprocessed plastics, chemical substances for preserving foodstuffs
- Class 2-Paints, varnishes, preservatives over rust, colorants and metals in foil and powder form
- Class 3-Bleaching preparations, substances for laundry use, cleaning, polishing, soaps, perfumery, essential oils, cosmetics, and hair creams
- Class 4-Industrial oils, greases, lubricants, binding compositions, fuels and candles
- Class 5 –Pharmaceutical, veterinary preparations, sanitary preparations, dietetic substances, and herbicides
- Class 6– Metals alloys, metal building elements, small items of metal hardware, pipes and tubes of metal
- Class 7-Machines tools, agricultural implements, and incubators for eggs
- Class 8-Cutlery, sidearm and razors
- Class 9-Scientific equipment, electric equipment, photographic equipment, measuring equipment, data processing equipment, and computers items
- Class 10- Surgical equipment, artificial limbs, orthopaedic items, and stitching materials
- Class 11– Equipment for lighting, steam generating, cooking, refrigerating, drying ventilating and water supply
- Class 12-Vehicles and equipment for locomotion by land, air or water
- Class 13-Firearms, ammunition, projectiles, explosives and fireworks
- Class 14-Precious metals, jewellery, precious stones, and chronometric instruments
- Class 15– Instruments for music
- Class 16-Paper, cardboard, printed matter, stationery, brushes, typewriters, office necessities and plastic materials for packaging
- Class 17-Rubber, asbestos, mica, plastics, packing of insulating materials and flexible pipes
- Class 18-Leather, trunks and traveling bags, umbrellas and walking sticks
- Class 19-Building materials and non-metallic rigid pipes for building
- Class 20- Furniture, mirrors, picture frames, cork, shell, and amber
- Class 21- Kitchen utensils, containers, combs, sponges, semi-worked glass, and glassware
- Class 22 Cordage, Ropes, Nets, Awnings, Sacks, Padding
- Class 23 Yarns, Threads products
- Class 24 Fabrics, Blankets, Covers, Textile products
- Class 25 Clothing, Footwear, and Headgear products
- Class 26 Sewing Notions, Fancy Goods, Lace and Embroidery products
- Class 27 Carpets, Linoleum, Wall and Floor Coverings (non-textile) products
- Class 28 Games, Toys, Sports Equipment
- Class 29 Foods – Dairy, Meat, Fish, Processed & Preserved Foods
- Class 30 Foods – Spices, Bakery Goods, Ice, Confectionery products
- Class 31 Fresh Fruit & Vegetables, Live Animals,
- Class 32 Beer, Ales, Soft Drinks, Carbonated Waters products
- Class 33 Wines, Spirits, Liqueurs products
- Class 34 Tobacco, Smokers Requisites products
- Class 35-Advertising, business management and administration, and office gatherings.
- Class 36-Insurance, financial affairs, and real estate affairs.
- Class 37-Building construction, repair, and installation services.
- Class 38-Telecommunications.
- Class 39- Transport, packaging, storage of goods and travel arrangement.
- Class 40- Material Treatments
- Class 41-Educating, giving of training, entertainment, sporting, and cultural activities.
- Class 42-Scientific services, design services, technical services, industrial analysis services, and research services and development of computer hardware or software.
- Class 43-Services for giving food and drink
- Class 44 –Medical services, hygienic and beauty care, agriculture, horticulture, and forestry services.
- Class 45-Legal services, security services, personal and social services .
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