A Trademark is a sign, design, or expression that is capable of identifying products or services of a particular source from those of others. It is a recognizable symbol that distinguishes a product or service from others. In India, trademark registration is governed by the Trademarks Act, 1999, which provides exclusive ownership rights to the brand owner. Trademark Registration is essential to protect a brand’s identity and avoid infringement.
What is a Trademark?
A Trademark can be a word, logo, symbol, design, slogan, or a combination of these elements that represents a brand or company. It helps customers to identify and distinguish products or services from one entity to another. A registered trademark gives the owner exclusive rights to use the mark. Any unauthorized use of the trademark without prior approval attracts infringement and a penalty.
Benefits of Trademark Registration
- Exclusive Rights: Trademark registration grants exclusive rights to the owner to use the mark for the goods/services it is registered for.
- Brand Recognition: Registration increases brand value and establishes market presence.
- Legal Protection: In case of infringement, the registered owner can seek legal protection and claim damages.
- Asset Creation: A registered trademark is a valuable asset for the brand that distinguishes it from others. That can be sold or licensed.
- Global Trademark Registration: A registered trademark in India can serve as a basis for registering the same mark in other countries.
- Business Expansion: Registered trademarks facilitate the franchising process, thereby aiding in business expansion.
- Enhanced Credibility: Consumers are more likely to trust a business with a registered trademark, as it signals authenticity.
Who Can Apply for Trademark Registration?
The following individuals or entities can apply for Trademark Registration in India:
- An individual
- A company
- A partnership firm
- A limited liability partnership (LLP)
- A sole proprietorship
- A trust or society
The applicant must be the owner of the trademark at the time of application.
Classes of Trademark
| Trademark Class | Category | Description |
| Class 1 | Chemicals | Chemicals are used in various industries, including science, agriculture, and photography. |
| Class 3 | Cosmetics and Cleaning | Cosmetics, skincare, cleaning, and polishing preparations. |
| Class 5 | Pharmaceuticals | Pharmaceutical products, medicinal and veterinary preparations. |
| Class 9 | Electronics | Scientific instruments, computer software, and mobile devices. |
| Class 16 | Stationery | Paper goods, printed materials, stationery, and office supplies. |
| Class 25 | Clothing | Clothing, footwear, and headgear items. |
| Class 29 | Food Products | Meat, fish, poultry, preserved foods, and dairy products. |
| Class 30 | Confectionery | Coffee, tea, cocoa, sugar, rice, and bakery products. |
| Class 35 | Business Services | Advertising, business management, consultancy, and office functions. |
| Class 41 | Education and Entertainment | Education services, training, entertainment, and cultural activities. |
Validity of a Trademark Registration
A trademark registration is valid for ten years from the date of filing of the application. It can be renewed indefinitely by paying the renewal fees.
Requirements for Trademark Registration
Before applying for Trademark Registration, the following requirements must be fulfilled:
- Selection of a unique and distinctive trademark.
- Conduct a prior trademark search to ensure there are no similar or identical trademarks that exist.
- Identify the class(s) under which the goods/services fall as per the NICE Classification.
- Prepare a detailed description of the goods/services.
Documents Required for Trademark Registration
The following documents are required to apply for Trademark Registration:
- Logo or Trademark (in JPEG format)
- Applicant’s Identity Proof (Aadhar Card, PAN Card, Passport, etc.)
- Applicant’s Address Proof
- Incorporation Certificate (in case of a company or LLP)
- Partnership Deed (in case of a partnership firm)
- Udyam Registration Certificate (if applicable)
- Power of Attorney (TM-48 Form) signed by the applicant
- User Affidavit (if claiming prior use)
- Startup India Certificate (for availing government fee concession)
Process of Trademark Registration in India
The process of Trademark Registration in India involves the following steps:
Step 1: Trademark Search
Before applying for Trademark Registration, a trademark search is conducted to make sure that the proposed trademark is not identical or deceptively similar to any existing registered or pending trademarks.
Step 2: Filing of Trademark Application
After the search, a trademark application (Form TM-A) is filed with the Trademark Registry. The application must contain:
- Applicant’s details
- Trademark logo
- Description of goods/services
- Class of trademark
- Date of first use (if any)
- Power of Attorney (if filing through an agent)
The application can be filed either online through the IP India portal or physically at the respective Trademark Registry Office.
Step 3: Examination of Trademark Application
Once the trademark application is filed, it is examined by the Registrar of Trademarks. The Registrar checks for:
- Correctness of details
- Distinctiveness of the trademark
- Conflicts with existing trademarks
- Compliance with the Trade Marks Act, 1999
The Registrar may accept, raise objections to, or require modifications in the application.
Step 4: Reply to Examination Report
If the Registrar raises objections, the applicant must file a reply within one month from the date of issuance of the examination report. The reply must include the following:
- Justifications for the registration of a trademark
- Evidence of prior use (if applicable)
- Supporting documents
If the Registrar is satisfied, the trademark application proceeds further. Otherwise, a hearing may be scheduled.
Step 5: Publication in Trademark Journal
If your trademark application is accepted, the trademark is published in the Trademark Journal for a period of four months. This is to invite any opposition from third parties who believe that the registration would harm their existing rights.
Step 6: Opposition (if any)
If no opposition is filed within four months or if the opposition is decided in favor of the applicant, the trademark proceeds to registration. However, if an opposition is filed, the applicant must respond to the notice of opposition. The opposition proceedings involve the submission of evidence, counter-statements, and hearings.
Step 7: Trademark Registration Certificate
Once the trademark clears the opposition stage, the Registrar issues a Certificate of Registration under the seal of the Trademark Office. The trademark is then registered for ten years.
Step 8: Renewal of Trademark
A registered trademark can be renewed indefinitely for successive ten-year periods. Renewal applications must be filed within six months before the expiration date of the trademark registration.
Trademark Infringement and Legal Remedies
Trademark infringement occurs when a person uses a trademark that is identical or deceptively similar to a registered trademark without the permission of the registered owner. Legal remedies available to the trademark owner include:
- Civil suit for injunction to stop the infringement
- Damages or account of profits
- Delivery/destruction of infringing goods
- Costs of legal proceedings
