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Trademark Registration In India – An Overview
A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest. A brand registration in india is your business’s intellectual property/ intangible asset. Trademark registration in india protects the investment made into creating trust and loyalty among your customers.Trademark registration in india provides the right to sue against others who try to copy your trademark and prevents others from using a similar trademark to the one registered by you.
What Can You Register As a Trademark?
Many aspects of your brand image can be registered as a trademark. The aspect you need to consider to register a trademark online is which aspect of your brand stands out to your customers. Pick that aspect(s) for applying for a trademark in india.
1. Name
- Product Name:You can register a particular product’s name as a trademark. Apple’s iPod is a product name trademark.
- Business Name:Registering a company name as a trademark is the most common route businesses take. Ex: Bajaj.
- Person’s Name/Surname:If your name plays an important part in generating revenue, then you can even trademark your name! Ex: Shah Rukh Khan has trademarked his name.
- Abbreviations:Abbreviations of a company or brand name can also be a trademark. Ex: BMW.
2. Logo/Symbol
It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of a brand registration in India is the ‘swoosh’ of Nike.
3. Tagline
If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC ‘It’s finger lickin’ good’.
4. Other Options
- Colour Mark:You can register a trademark online for a colour or a combination of colours. (Ex: Cadbury has trademarked the colour royal blue)
- Sound Mark:Musical notes or sounds can be trademarked via online trademark registration if we can prove that it’s distinctive. Nokia has trademarked its tune.
- Scent Mark:Even scents can be trademarked in online trademark registration.
Why Is Trademark Registration Important?
Trademark registration is important and necessary for a business because:
- It showcases your unique identity
- It helps you build trust and loyalty among your customers
- It offers legal protection for your brand’s identity
- It is an asset in itself
- It prevents unauthorised usage of your brand’s identity.
Trademark Classes
There are 45 trademark classes and all the goods and services are categorised across these classes. You need to be very careful while picking the classes as it will determine the validity of your trademark registration for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you can apply for a trademark online under all the applicable classes.
Some of the popular trademark classes in India are:
- Class 9:which includes computer software and electronics,
- Class 25:which includes clothing,
- Class 35:which includes business management and advertising, and
- Class 41:which includes education and entertainment.
If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique
Documents Required for Trademark Registration Online India
Initially, you have to provide us with the following details:
- Applicant’s name
- Business type
- Business objectives
- Brand/logo/slogan name
- Registration address
The documents required are:
- Signed Form-48
- Identification proof of the signatory
- Address proof of the signatory
- Business proof (depends on the type of business)
- UdyogAadhar/MSME registration certificate (optional).
FAQs on Trademark Registration Online
The Trademark Registry has classified goods and services under 45 classes. Each class lists a host of goods/services and depending on those you are offering, you need to mention the class(es) on your trademark application. The trademark would be registered and protected under those classes only.
If your trademark is similar to an existing application, it would hurt religious sentiments, contain geographical names, or common words. It would also be rejected if it is likely to confuse.
As soon as you file the application and receive an acknowledgement, you can use the ™ symbol. Once the registration process is complete, you can use the ® symbol.
You can run a simple trademark search request to us easily. However, if you are serious about getting your trademark registered, it is advised to get a professional to do thorough trademark research.
If your brand name has already been registered, but under a different class, you’re still in luck. Unless the brand is too well known (like McDonald’s or Fiat), your application is likely to be approved.
You can’t get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. So there is a way out, but it is best to have a unique name.
It depends entirely on the government’s judgement. But if it is unique, it is highly likely that it will be granted.
Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.
It can take anywhere between 6 months to 1 year for your trademark to be approved. However, we can apply and start using the ™ symbol within a few days if we can get all the details and documents at the earliest.
To obtain a trademark certificate online, you can get in touch with us. We complete the whole process hassle free. If you need to file manually then visit the official website of the Trademark Registry and apply. The application can be filed either by yourself or through a trademark agent. Once the application is submitted, you can track its status online and respond to any objections raised by the Trademark Registry. If there are no objections, the trademark will be registered, and a certificate of registration will be issued to you.
