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Posted on September 6, 2021
Trademark Registration in India – Process, Cost, Documents, Benefits
A trademark is a type of intellectual property consisting of a recognizable sign, or expression which identifies products or services of a particular source from those of others. The essential function of a trademark is to exclusively assist in identifying the source or origin of products or services, it indicates the source or serves as a badge of origin. Certain exclusive rights are attached to a registered trademark.
Trademark infringement in India is defined under Section 29 of the Trademarks Act, 1999. Simply put, when an unauthorized person uses a trademark that is identical or deceptively similar to a registered trademark, it is known as trademark infringement.
Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing
Different Types of Trademark
- Service Trademarks: Trademarks related to business services, which help in protecting companies that work in the service sector. Mostly used by owners of hotels, healthcare shops, transporters, couriers and retailers to protect their brand name. Such trademark classes do not apply to goods and products.
- Collective Trademark: Trademarks are obtained by a group of people called a collective. This type of trademark allows several companies to receive protection collectively and to make the public aware of various features of their product.
- Certification Trademark: These trademarks help in defining the standard of a particular item or product. It ensures consumers that a particular product has undergone the required testing and guarantees quality. Most used by electronics companies to ascertain the quality of their products.
- Unconditional Trademark: Trademarks that are distinctive from others and receive the recognition due to such a distinctive feature.
Process of Trademark Registration
The Trademarks Law in India is governed by the Trade Marks Act, 1999. The Act provides for registration of any mark which is capable of being represented graphically as a word, device, label, numerals, or combination of colors and capable of distinguishing the goods or services of one person from another. In other words, a trademark is a source identifier. An Indian trademark application goes through the following stages, till registration
A detailed check on the trademark logo and brand name selected to check that such trademark is not already registered under someone else name. Trademark should be unique.
Selection of Class:
For registration, one need to apply it under right classification of classes.in total there are about 45 sector s and each sector is named as a class. Goods and services are classified into 45 different classes by the trademark Registry.
Application filling and Registration of Brand name:
Once you filed the application online, and it get approved you will receive acknowledgement, and you are eligible to use Trademark™ symbol beside the brand name.
Manual filling is also available, where personally one has to handover the application for the registration to the registrar office of trade Marks situated in major cities of India i.e. Delhi, Mumbai, Kolkata, Ahmadabad and Chennai, one have to then wait for 15-20 days to receive an Acknowledgement.
The registrar will check the brand name selected complies with the existing law, and that there is no conflict or dispute amongst any existing or pending brands for the registration.
Publication of Brand in the Indian Trade Mark Journals:
The registrar will publish the selected brand name in the Indian Trade Mark Journal, if there is no opposition is received within 3 months (90 days or 120 days in some of cases from the date of publication, then it proceed towards the acceptance.
Trademark Registration Certificate:
Once the Registrar accepts the application after no opposition being received, Registrar will issue the Registration Certificate with the Trademark Registry seal. And then this registered trademark can be use beside the brand name.
Cost of Trademark Registration
Trademark registration cost is categorized into two parts i.e. government fees and professional fees. The difference between government and professional fees is that government fees are same all over India whereas professional fees depend on individuals.
There are different fees that will be charged for marks, series of marks and associated marks and they will be charged for each class. Further registration in convention countries will have higher charges. Fees to file a single mark in a single class costs Rs.2500/- and in each additional class costs Rs.2500 per class while registering a collective mark costs Rs.10000/-. Registration of marks in a convention country costs Rs.10000/- with additional charges for registration in each class. Further, for international registration under the Madrid Protocol, separate fees will be charged by the World Intellectual Property Rights Organisation for registration in each member country that you want to register in.
It is seen that many applications got rejected due to registering the already existing marks. Therefore, it is always preferred to hire a professional for the registration process. Regarding trademark registration or trademark database or availability of different logo, an intellectual property lawyer can be hired as he will give proper advice about all the legal matters involved.
Fees will be charged for renewal of marks for each mark in each class costs Rs.5000/- but a renewal of a collective mark costs Rs.10000/-.
Rectification or removal of a trade mark costs Rs.3000/-.
Documents required for Trademark registration
The minimum documents and information which are required for filing a filing trademark application in India is as follows:
- The name, address and nationality of the Applicant. If the Applicant is a company, the country or state of incorporation with the complete address. If a partnership concern, then the name of all the partners;
- A list of goods and/or services for which registration is required;
- Trade Mark Entity: Whether the Applicant is an Individual, Start-up or a small enterprise;
- Soft copy of the trademark to be registered;
- If the application is filed claiming priority from an earlier filed application in another country, details of that application is also required at the time of filing of the application in India (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted with the Trade Marks Office in original within two months of the filing of the application. If the certificate is not in English, a certified/notarized English translation is required.
Benefits of Trademark Registration
A Good Trademark shall be easy to speak and remember, despite it should not lose its uniqueness and distinctive character.
Exclusive Rights: The proprietor of Registered Trademark has the benefit of selective right over the trademark. The proprietor can utilize the same for every one of the items falling under the class (es) submitted the application. Moreover, the proprietor can enjoy the sole responsibility for Trademark and can prevent others from the unapproved utilization of the Trademark under a similar class where it is registered. It gives the privilege to prosecute the unapproved client of the trademark Registered.
Builds trust and understanding: The reputable excellence of your goods and services are known by everybody through the trademark and which builds the trust and understanding among the clients in the market. It helps in making loyal and lasting clients who will dependably choose the same brand.
Differentiates Product: It makes simple for clients to discover your goods. It makes your product or service unique, not quite the same as that of the contemporary and expected contenders and goes about as effective promotional tool. The logo can convey your vision, quality or one of a kind attribute for your organization and any association.
Identity to product’s Quality: It offers identity to the value of the product or service. Clients connect the service or product’s quality with the brand name and this picture is made in the market about the nature of a specific brand which helps in drawing in new clients as they can distinguish the quality of a product or service by the logo.
Asset Creation: Enlistment of Trademark makes an Intellectual Property for an organization. Enrolled trademark is a privilege made which can be sold, assigned, franchised or economically contracted. Additionally, the Trademark is an invisible asset which gives the preferred benefit to the association.