Trademark Registration

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What is a Trademark?

About Trademark – It’s Meaning

A trademark is a form of intellectual property used to protect brands. It encompasses symbols, words, or combinations thereof that can be legally registered to represent a company or its products. The primary purpose of a trademark is to enable customers to identify a product’s origin. It can take various forms such as distinctive designs, sounds, logos, or symbols, all serving to uniquely identify a business and its goods or services. By securing a trademark, the owner obtains legal rights to prohibit unauthorized use of the mark, safeguarding their brand and reputation.

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Why should you apply for a trademark?

To put it simply, “If you don’t register your trademark, someone else will”.

To put it simply, If you don’t register your trademark, someone else will.

Brand names: Trademarks can be registered to protect the names associated with a company, product, or service. For example, “Nike” is a registered trademark for athletic footwear and apparel.
Logos and symbols: Unique visual representations, such as logos, symbols, or emblems, can be trademarked to identify a brand. The Nike “swoosh” symbol is a well-known trademark.
Slogans and taglines: Memorable phrases or taglines associated with a brand can be trademarked. Examples include Nike’s “Just Do It” and McDonald’s “I’m Lovin’ It.”
Product names: Trademarks can be used to protect specific names given to products or product lines. For instance, “iPad” is a trademarked product name owned by Apple.
Sounds and jingles: In some cases, distinctive sounds or jingles associated with a brand can be trademarked. Intel jingle is an example of trademarked audio.
Packaging and trade dress: Unique packaging designs or trade dress—distinctive features that help identify a product’s source—can be trademarked. Examples include the Coca-Cola bottle shape.
Colors and color combinations: In certain circumstances, specific colors or combinations of colors can be trademarked if they have acquired distinctiveness and are associated with a particular brand.

Who can apply for a Trademark?

Individuals, Partnership firm, LLP, Company, Trust, Association, HUF, etc

Trademark Registration Process and Procedure in India

Conduct Trademark Search

The first step is to search the TM registry to ensure the availability of your mark. It is very important to ensure that the intended trade mark is not identical to any other mark which is already registered.

Select the Appropriate Class for your business

There are 45 classes in the TM registry bifurcated based on products and services. Select the appropriate class that is best suitable for your business. It may be multiple classes as well.

File the Application with the Department – Get TM Acknowledgement

A trademark registration form (Form TM – A) has to be filed with the TM Registrar in the prescribed manner along with the requisite fees. Then, the registry will allot an application allotment number, usually within one or two working days.

Verification

Then the verification of the application will start. It will be forwarded to an Examiner in the TM Registrar Office. The examiner will review the application for correctness and if satisfied, will either accept the application or issue the examination report.

Objection

Based on the examination report, the applicant has to file a reply to the examination report to defend the application. If the reply is found satisfactory by the examiner they shall accept the application or they call for a hearing

Appear for Hearing before the Office / Registrar

If the application is objected the applicant/ attorney can appear before the Trademark Hearing Officer to address the objections raised by the respective officer.

Acceptance

Once all the compliances are satisfied and the application is accepted by the registrar, the applied mark will be published in the registrar’s Trademark Journal.

Opposition

During the process of registration of a trade mark, the mark is published in the trademark journal for the general public to be made aware of. If, upon such publication, any person is of the opinion that registration of the mark is in any manner injurious to his/her existing brand, they may oppose the registration of the trade mark. This is done by way of a notice of opposition.

Opposition Process

Once the notice of opposition is received, a reply to the notice has to be filed within a period of two months of receipt, failing which the trade mark may be treated as abandoned. The reply to the notice of opposition is done by way of filing a ‘counter statement’. The broad steps are as below:

Step 1: Filing of Counter Statement (within 2 months of receipt of notice of opposition)

Step 2: Filing of evidence and affidavit to support counter statement

Step 3: If required, a Rejoinder needs to be filed

Step 4: TM Registry conducts hearing proceedings to determine the opposition.

Timeline for Registering a Trademark in India

The application number for the trademark is usually issued within one or two working days from filing. But, the entire process is rather lengthy and would normally take around 18 – 24 months (much more in some cases) to obtain registration (assuming there are no objections filed).

Documents required for Trademark Registration and Filing

Full Name of the Applicant
Type of Entity
Main Objectives of the Business
Name of the Brand / Slogan / Logo
Address of the applicant
Date of first use
Power Of Attorney
Affidavit

Trademark Registration Cost / Fee in India

Government Fee – Rs. 4,500/9000 (Complete list of Fees can be found here – http://www.ipindia.nic.in/form-and-fees-tm.htm)
Registered Trademark Lawyer or Attorney Fee – Approx Rs. 1,500 to 3,000