A trademark is an identifiable feature that is a distinctive identifier for a certain product or service, like a symbol, name, image, or signature. This special quality sets the product or service apart from its rivals in the market. Laws and regulations in India provide legal protection for trademarks, which elevates them beyond the status of a simple corporate asset. Maintaining a company’s brand identity and image requires careful public perception management, especially that of customers.
A firm shouldn’t spend time, money, and creativity on establishing a brand identity just to have competitors exploit it later. To prevent unauthorised replication, it is strongly advised to officially register your brand.
- Trademark Search: Conducting a comprehensive trademark search in advance may ensure the distinctiveness of your brand within your industry.
- Filing of Application: Application submission for trademark registration to commence the registration procedure.
- Examination of the Claim & Approval: The process of examining the trademark in order to verify its uniqueness and obtain authorization from the appropriate authorities.
- Registration and Renewal (Every 10 Years): Official registration of the trademark ensues following approval; renewals are mandatory every ten years to sustain its safeguarding.
By adhering to this procedure, companies may strengthen their distinctive brand and guarantee the ownership of their hard work and originality. Trademark registration gradually safeguards the uniqueness of a brand by acting as a deterrent against illegal use.
Why Conduct a Trademark Search?
While creating a unique brand name is a usual practice, there’s still a risk of unintentionally violating the intellectual property rights of others. Conducting a trademark search to protect your company from potential legal problems and ensure its long-term viability is crucial. This not only divulges information regarding analogous and established brand names and logos but also furnishes an all-encompassing enumeration of prohibited trademarks.
As emphasised in Imperial Tobacco Co. of India v. Registrar of Trademarks (AIR 1977 Cal 413: 81 CWN 885), a distinctive quality is a critical attribute of a robust trademark. Acknowledging and embracing this unique quality is crucial for a trademark’s efficacy and legal validity. You may navigate the world of pre-existing trademarks and ensure that the name you choose is both legally compliant and unique by including a thorough trademark search in your branding plan. Taking this proactive approach lowers the possibility of unintentional infringement, improving the brand’s sustainability and protection.
Trademark Search Procedure
One should use the official Intellectual Property India website to conduct an exhaustive trademark inquiry. The following three distinct segments comprise this search:
- Wordmark: The objective is to distinguish analogous depictions of wordmarks.
- Vienna Code: Designed to identify comparable artistic representations.
- Phonetic: Dedicated to identifying phonetically cognate phrases.
By traversing these categories, individuals can effectively investigate and evaluate trademark data, guaranteeing a thorough inquiry that is customised to particular facets of the trademark that pique their interest.
Legal Protection of a Registered Trademark
The Trademarks Act of 1999 governs the regulation of trademarks in India. Upon officially registering your trademark, you acquire full legal ownership and exclusive privileges to utilise it. Once your trademark is registered, it’s legally protected, and any unauthorized use is strictly forbidden without your explicit permission. As the rightful owner, you can take legal action against anyone attempting to use your trademark without consent. You can file a lawsuit to prevent someone from unlawfully using your trademark or business name through established legal procedures. The previously indicated legal framework protects your intellectual property and strengthens your exclusive rights as the owner of a registered brand.
A Comprehensive Guide to Indian Trademark Registration
Companies must register a trademark in India to get legal ownership of their distinctive identifiers and safeguard their brand image. This comprehensive guide outlines the intricate process of establishing a trademark, providing a methodical flow from the first stages of naming your business to the practice of reactivating your trademark registration.
Step 1 – Naming your Business or Choosing a Brand Name (5-7 days)
Establishing a company entails both the stimulating and difficult undertaking of selecting a name for it. This includes selecting an original brand name, creating a logo, and forming a legal corporation. Although selecting a name for a corporation may be a creative pursuit, it is important to exercise care to prevent any potential legal consequences. Verifying that the selected name and logo are unique and do not violate any existing registered trademarks is essential. This stage creates the foundation for the brand’s identity and includes elements like social media handle accessibility and domain name.
Step 2 – Trademark Search (1-2 days)
It is important to carry out a trademark search once the brand name and logo are complete. This search makes it easier to assess the distinctiveness of the chosen mark and finds any potential discrepancies with well-known trademarks. Conducting an exhaustive trademark search can be difficult and is frequently best delegated to legal experts. They have the ability to navigate the vast trademark databases, which guarantees a thorough assessment. The search outcomes assist organisations in comprehending the likelihood of registering a trademark successfully and averting future conflicts.
Step 3 – Filing of the Trademark Application (1 day)
The trademark application filing follows the acquisition of a unique brand name. Alternatively, the applicant may utilise the services of a registered attorney or agent to facilitate a more streamlined procedure. Physical submission of the application at the Trademark Registry Office or online via the official IP India website is required. The process entails furnishing extensive particulars regarding the trademark, such as the wordmark itself, the proprietor’s name, the date of utilisation, and a thorough depiction of the products and services linked to the mark. The necessity for an affidavit attesting to prior usage is contingent upon the specific circumstances.
Filing Independently: If individuals choose to file independently, the primary prerequisite is to acquire a class III or II digital signature. This digital signature, which costs between Rs. 1,000 and Rs. 3,000, is essential for online filing. The applicant activates their E-Filing of Trademarks account after implementing the digital signature. Receiving the government charge for trademark registration, which is Rs. 4500 for individuals and Rs. 9000 for corporations in one class, is a prerequisite for submitting the application in FORM TM-A.
Employing a Legal Expert: Using an attorney’s assistance expedites the process. The applicant provides the legal practitioner authorization to act on their behalf by completing a Power of Attorney. This legal representative assists in compiling documents by supplying the required logo files, certificates, and government-issued identification. The government fee for trademark registration remains constant at Rs. 4500 for individuals and Rs. 9000 for companies in one class, while the legal professional charges a distinct fee.
Step 4 – Allotment of Trademark Application Number
The applicant is assigned a trademark application number upon the application for registration as a registered trademark. The utilisation of this distinct identifier enables the monitoring of the status of the trademark application via the Trademark Online Search functionality.
Step 5 – Trademark Examination
Trademark inspection happens after the application filing procedure. After carefully reviewing the application, the Trademark Examiner looks for any discrepancies or objections. The determination of the acceptance status—whether absolute, conditional, objected to, or rejected—occupies this stage.
Step 6 – Trademark Objections
Informing the applicant of the examination report’s status regarding the trademark application. The applicant may respond to any objections raised and justify continuing the proceedings.
Step 7 – Reply Filing to Trademark Objections
Within thirty days after receiving the examination report, applicants must thoroughly respond to any objections made by the trademark office. Adherence to this exact deadline is of the highest significance since non-compliance may lead to the withdrawal of the application, consequently necessitating a fresh submission.
Step 8 – Publication in the Trademark Journal
The publication process for accepted trademarks in the Trademark Journal commences after a duration of four months. This communication is an appeal for the general public to lodge a formal objection to registering the suggested trademark. Contradictory cases give rise to proceedings during which the Registrar issues decisions.
Step 9 – Registration of the Trademark and Issue of Trademark Registration Certificate
The Trademark Registrar will issue a trademark registration certificate if no objections or oppositions are raised during the four-month expiry period. This certification grants exclusive ownership of the trademark to the proprietor, allowing them to use the ® sign and the TM symbol.
Step 10 – Renewal of Trademark Registration
Trademark registration may be eternally renewed every ten years, with a 10-year validity term beginning on the filing date. The renewal method guarantees perpetual protection for the brand name or emblem. Registering a trademark in India grants protection only within the nation’s borders without conferring global recognition.
Organisations may get advantages such as legal acknowledgement, safeguarding, and exclusive rights via trademark registration, all of which are favourable company characteristics. It establishes a brand’s own identity, which helps it succeed in a crowded market. Ensuring a smooth advancement towards brand protection and recognition requires the satisfactory execution of each step in the trademark registration process, with the support of legal specialists where necessary.
