Advantages of Registering a Trademark

Your Brand Remains Legally Protected

A registered trademark accords legal protection to the brand name and the logos used by your business. Your competitors or other businesses thus cannot use the registered trademark belonging to your business/brand. In case they do, you can litigate them for copying your trademark and get monetary compensation from them as directed by the court.

Creates Better Business Opportunities

A company whose products and services are branded through a registered trademark enjoys superior marketability because of factors such as trust, brand image, customer goodwill, reliability, and quality. Having a registered trademark helps a business acquire and develop a unique identity for itself using which it can compete with other businesses and expand itself.

CCreates a Brand Image that can be Used Globally

A trademark registered within India may be registered in other countries as well. Thus, it serves as an asset or a brand image using which your business can compete in global markets.

Documents Mandated for Online Trademark Registration in India

• ID Proof of the business such as its Permanent Account Number (PAN)
• PAN belonging to the trademark owner
• ID and address proofs belonging to the owner such as Aadhar/Passport
• Suitable logo/slogan/tagline as available (It is always advisable to check for these before submitting your application for trademark registration; these can be checked for on the website of the Controller General of Patents, Designs, and Trademarks https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx)
• The address proof of the business such as its utility and telephone bills
• MSME certificate (applicable if the business is an MSME)
• Registration or incorporation certificate of the business
• In case the trademark owner has authorized a nominee to undertake the registration process on his/her behalf, the nominee also must furnish their ID and address proofs

Entities that are Eligible for Online Trademark Registration in India

• Businesses (this may include both Indian as well as foreign companies)
• Proprietorships
• LLPs
• Trusts
• Joint Ventures
• Cooperative Societies
• LLPs
• Individuals
• Non-profit Organizations

Categories of Trademark Registrations

The categories of trademark registrations that can be applied for online in India are listed below:

Service Mark

This provides trademarking to a service being rendered by a business and helps it stand out from similar services being rendered by rival businesses.

Product Mark

This trademarking is given to products or goods being sold by a business and it differentiates them as distinct, genuine, and credible in comparison to similar products being sold by other businesses.

Collective Trademark

A collective trademark refers to the trademark adopted by members belonging to a collective business group. This type of trademarking helps the members of a collective to show their affiliation with the group and to distinguish their products and services from those of the non-member entities.

Sound Mark

This refers to a trademark that is given to a piece of sound denoted by musical notes inclusive or exclusive of spoken words. A trademarked sound developed through well-calibrated musical composition is powerful in boosting the brand image of a business and is often used at the beginning or end of a video or audio- based commercial advertisement.

Certification Mark

This trademark assures customers about a product’s quality, its origin, the materials used to manufacture it, and other finer details about it.

Pattern Mark

This trademark is provided to products and services that bear distinctive/specific patterns of features, functionality, and quality that make it easy for them to be recognized as belonging to or originating from a specialty industry, skill, or profession. For example, specialized patterns imprinted on a dress/fabric are identified as pattern marks.

Shape Mark

This is a trademark that helps protect the shape of a product, making it easy for consumers to identify and relate it with its manufacturer. For a business/brand to have a shape mark as its registered trademark, it is essential for the shape to be prominent and identifiable such that the consumers can relate with the product and its owners/manufacturers.

Shape Mark

The Detailed Steps for Online Registration of Trademark in India

Step 1: Explore and Create a Brand Name, Logo, and Tagline that is Unique and Appealing

Step 2: The application for trademark registration is prepared through a Trademark Attorney. This application must be submitted with the necessary supporting documents such as ID/PAN and address proofs of the business directors/proprietors, the PAN and address proof of the business, and the registration proof of the business. The application will further be accompanied by a soft copy of the trademark. A power of attorney (duly stamped Form TM – 48) attested by the applicant must be enclosed in cases where a trademark registration application is being filed through a trademark attorney.

Step 3: After submitting your application, the competent authority processes it based on the details and supporting documents provided. If your application is rejected, you must file a reply to it within 30 days of its receipt to rectify your application.

Step 4: The application process is concluded with the registration of the trademark online. At this stage, the applicable fee for trademark registration also must be deposited with the department of the registrar of trademarks.

Note: To minimize the chances of rejection of your application, you must choose a brand name/logo/tagline/slogan that is unique and not adopted by any other business.

Important Things to Keep in Mind while Proceeding with the Trademark Registration Process

Selection of Class

After selecting the brand name/logo/slogan/tagline, while applying for the trademark registration, you must apply for it through the appropriate class-category. This allows you to trade your products and services through a chosen brand name in a specific sector of the economy.

Using Logos and Taglines

If a business has applied for trademark registration of a tagline, it is not mandatory to include and use a logo along with it. In case a trademark registration is being sought for a logo, then the logo must be submitted in black and white format.

Other Important Points About Trademark Registration Online

One of the important steps of the trademark registration process is the Vienna Codification Process. This step performs a systematic trademark search to look for marks/logos/symbols/icons/wordmarks to see that there are no other registered trademarks that resemble or match the one proposed by you at the time of making the application. The Vienna Codification Process thus helps prevent trademark duplication and infringement.

How Your Business Can Use Different Trademark Symbols

Using the ® Symbol

Once an applicant’s trademark has been registered online, they may begin using the ® symbol to indicate that the trademark is already registered and must not be infringed upon as provided by trademark laws.

Using ™ Symbol

The symbol ™ must be used by businesses whose trademarks are unregistered and to indicate that an application for the registration of a particular trademark has already been filed before the competent authority.

Using SM Symbol

The symbol SM is similar to the symbol ™ in functionality. However, it is exclusively used to indicate that a business covers only services under its purview – for instance, IT services, stockbroking services, legal services, insurance services, or banking services.

Note: All the above symbols are normally used as superscripts.

FAQs

1) What are the chances of my application for trademark registration being successful?

A) The approval for your trademark registration application depends on the government’s discretion. If the chosen trademark is unique and genuine, the chances of approval are high.

2) Are we allowed to amend an approved trademark at a later date?

A)Yes. Under section 22 of the Trademarks Act, an approved trademark may be amended at a later date.

3) Are trademarks registered in India valid abroad?

A) Trademarks registered in India may not be valid abroad. They will need to be registered separately depending on the country/jurisdiction.

4) What is a trademark class?

A) An application for trademark registration by a business must be made under an appropriate class/category that indicates the sector of the economy in which the business operates.

5) Can a smell/fragrance/aroma, or sound be registered as a trademark?

A) Yes. Smells/Fragrances/Aromas and sounds also can be registered as trademarks.