A Trademark is typically a name, word, phrase, logo, symbol, image or a combination of these to distinguish a company's products and services from those of others. It is also used as a marketing tool to create awareness and recognition of products or services among customers.
A trademark is the intellectual property of its holder; and ownership of a trademark flows from the business usage of the trademark
A company/individual should register the trademark in order to possess the complete ownership of the mark and to protect the same from misuse by another person/business entity. Only if the trademark is registered, the owner gets the legal rights to take action against people or companies who infringe on their trademark.
Under trademark, goods and services are categorised into 45 classes. It is very important to identify the class in which the goods/servicesfit into and file an application under the relevant class. If a trademark is used for goods and services under different classes, separate applications are required to be filed under each class to get protection of trademark for the respective goods and services.
Trademark Registration Process
Stage 1: Classification and Filing of Trademark Application
a) Classification of Goods and Services
Entire range of goods and services are categorised into 45 Classes under the trademark law. The applicant needs to identify the correct and relevant class under which the trademark should be registered. This is crucial since trademark protection is accorded only in the class where application is filed. If the same trademark is used for goods and services that fall under different classes, then separate applications for each class should be submitted.
b) Filing of Trademark Application
Once the classification is complete, an application should be submitted to the Trademark Registry along with prescribed details such as the applicant's name and permanent address, the chosen trademark, goods and/or services relating to the chosen trademark, and any other relevant information, along with the specified filing fee. Image(s) of the trademark, if available, should also be filed with the application.
Stage 2: Examination and Registration of Trademark
a) Examination of the Application
The trademark examiner reviews the application and prepares an examination report. This process usually takes 8-10 months. The report confirms the validity of the submitted application or alternatively, states any objections and/or other queries that the examiner may have. In case of the latter, i.e. if objections and queries are raised by the examiner, the applicant must respond within the stipulated time, else the application is rejected.
b) Publication of Trademark
If there are no objections or if the applicant's responses to the raised objections are accepted by the Trademark Registry, the application is published in the Trademarks Journal, along with all relevant details, including the applicant's name and address, trademark image, etc.
Any person, organisation or other entity can file their opposition to the published application within three months from the date of publication in the Journal. Objections can be raised in instances where the proposed trademark is identical to or closely resembles an already registered trademark. Where such opposition is raised, the applicant needs to submit counter the opposition and the final decision in such matters is made by the Trademark Registry.
It is important to note that if the Registry's decision is in favour of the opposing party, the proposed trademark will not registered and moreover, the applicant may be required to pay costs incurred by the opposing party.
Registration of Trademark
If there is no opposition raised within the stipulated period, the trademark will be registered and a registration certificate is issued by the Trademark Registry. The registration certificate is valid for a period of 10 years. Upon expiry, registration should be renewed by filing a fresh application and paying the prescribed renewal fee.
Usually, the trademark registration process in India takes 16-18 months
Fast-Track Trademark Registration
The Trademark Registry provides an expedite route for speeding up the trademark registration process under the fast-track mode by remitting an application fee equal to five times the regular fee for trademark registration.
The Trademark Registry takes up the examination of such applications immediately and the examination report will be provided within 3 months of application. Thereafter, publication of the trademark application will also be expedited, if there are no objections raised by the Registry.
By following this expedited application process, the overall time for completing trademark registration can be reduced to 6-8 months.
Trademark Classification of Goods and Services
GOODS / PRODUCTS
Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry...
- Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry
- unprocessed artificial resins, unprocessed plastics
- fire extinguishing compositions
- tempering and soldering preparations
- chemical substances for preserving foodstuffs
- tanning substances
- adhesives used in industry
Class 1 includes mainly chemical products used in industry, science and agriculture, including those which go to the making of products belonging to other classes.
This Class includes, in particular:
salt for preserving other than for foodstuffs
This Class does not include, in particular:
raw natural resins
chemical products for use in medical science
fungicides, herbicides and preparations for destroying vermin
adhesives for stationery or household purposes
salt for preserving foodstuffs
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists...
Paints, varnishes, lacquers
preservatives against rust and against deterioration of wood
raw natural resins
metals in foil and powder form for painters, decorators, printers and artists.
Class 2 includes mainly paints, colorants and preparations used for the protection against corrosion.
This Class includes, in particular:
paints, varnishes and lacquers for industry, handicrafts and arts
dyestuffs for clothing
colorants for foodstuffs and beverages
This Class does not include, in particular:
unprocessed artificial resins
paint boxes (articles for use in school)
insulating paints and varnishes
Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices....
Bleaching preparations and other substances for laundry use
cleaning, polishing, scouring and abrasive preparations
perfumery, essential oils, cosmetics, hair lotions
Trademark Registration FAQ
What is a Trademark?
A Trademark is typically a name, word, phrase, logo, symbol, image or a combination of these to distinguish a company's products and services from those of others. It is also used as a marketing tool for creating awareness and recognition of products or services among customers.
A trademark is the intellectual property of its holder; and ownership of a trademark flows from the business usage of the trademark.
All trademarks cannot be registered; the following conditions must be met to facilitate trademark registration:
a) It should be distinctive; and
b)It should NOT:
- Describe the goods or services or any characteristics of them
- Be a name that is customary in the line of trade
- Be an emblem specially protected by the Government of India
- Be offensive
- Be against the law or
- Be deceptive.
What is trademark search?
Trademark search refers to the verification done by the Trademark Registry to check whether a similar trademark is already registered or an application is filed with the Registry. The search results indicate the possibility of getting the registration of your desired trademark.
Conducting a trademark search before commercial use of your proposed trademark will help you to save the unnecessary cost of branding and avoids the chance of using a trademark that is similar to an existing trademark
CompaniesInn provides Trademark Search Services and will provide you a report with our findings on the basis of similar marks registered and applications filed with the Registry.
What is the need of trademark registration?
Trademark gains its importance by usage. A trademark is not required to be registered for using in the business. It is required to be registered to posses the complete ownership of the mark and protect the same from usage by another person/company.
Only if the trademark is registered, the owner gets the legal rights to take action against a person/entity infringing on their trademark.
What are the benefits of trademark registration?
Registering a trademark gives the owner exclusive rights to use the mark for their products and services.
If the trademark is registered, the owner can use the symbol ®. In the case of trademarks for which a registration application is filed, the symbol ™ can be used.
Using these symbols for unregistered trademarks or in cases where no application for registration is filed, is an offence.
What is the difference of Business Name and Trademark?
Registering a company or LLP name provides partial protection to your business name from a third party using the same or similar name for their company or LLP. Where such a situation occurs, the affected party can initiate action for seeking relief under the relevant provisions of the Companies Act or the LLP Act. There is no absolute solution under the Companies Act or the LLP Act to protect a Business Name.
Similarly, registering a domain name provides protection against misuse of the name, so long as the registration is valid with registered domain extensions. In both the above cases, the exclusive usage and protection are not guaranteed.
Trademark registration provides the maximum protection for a name or brand, because the trademark holder gets the absolute ownership of such marks for use in particular class/classes of products or services, where the trademark is registered.
In the event that no company and/or domain name is registered before the registration of a trademark, the trademark holder enjoys the unrestricted right of restraining any third party usage of such trademark even as a company, LLP or domain name.
What is Trademark Classification?
Under trademark law, goods and services are categorised into 45 classes. It is very important to identify the class in which the goods/services fit into and file the application under the relevant class.
If a trademark is used for goods and services under different classes, separate applications are required to be filed under each class to get protection of trademark for respective goods and services