Trademark is a unique sign, design or expression, which distinguish products or services of any business organization from others. Registration of trademark helps the trademark owner for better protection of intellectual property rights of brand, establishes rights to sue to any person in court in case of any infringement, prevent from unauthorised use of the mark etc. The process of trademark registration in India takes around 18-24 months, however applicant may start using ™ symbol after submission of application itself.
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India under the Trademarks Act, 1999 and the rules made thereunder. At present there are total 45 categories/classes prevailing in India out of which 34 (thirty four) classes are for goods and 11 (eleven) classes are for services. Trademark may consist of words or any combination of words (slogans), logo, graphic, colour combination, figures and images, moving images, or a combination of these. A registered trademark is an intellectual property and may be considered as the most valuable intangible asset for an organisation and gives the owner right to sold, transferred, franchised etc. However, Trademark that would lead to offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc. are not registerable. The process of trademark registration is little tedious and generally takes around 18-24 month, if no opposition or objection arise. However applicant may start using the ™ symbol after submission of application itself. The validity of trademark is for 10 years at a time and can be renewed thereafter.
It is important to secure trademark for the business owners as it provides a unique identity of product or service and legally protect the owner from unauthorized uses of mark.
The application for registration of trademark may be submitted online at the website of Controller General of Patent, Design and Trademarks of India.
The process of trademark registration takes around 18-24 months, however applicant may start using ™ symbol after submission of application itself.
Once the trademark registration is get approved by the concerned authority, it is valid for 10 years from the date of application and can be renewed thereafter.
Trademark registered applicant get unique ™ symbol for use which keeps your business and brand unique and capable of distinguishes the products or services of one undertaking from those of another and help your customer to recognise you in the crowded market place.
A registered trademark is an intellectual property and may be considered the most valuable intangible asset for an organisation and gives the owner right to sold, transferred, franchised etc.
The first step toward trademark registration is conducting search to check availability of desired trademark or tradename. The search is conducted on the website of Controller General of Patent, Design and Trademarks of India to find out if the proposed trade name is already registered or not.
If the proposed tradename seems available, application for Trademark Registration is filed online in prescribed Form in particular class along with basic details of applicant, logo, word, slogan and prescribed fee.
Upon receiving of application, Trade mark office scrutinize the application and raise objection if any. In case no objection is raised, trademark office issue an advertisement in Trade mark Journal for any objection by third parties. In case no opposition is raised in next four months, processing for trademark registration is initiated, which generally takes around 6 months.
Any word, name, device, label, numerals or a combination of colors that can be represented graphically (in a paper) can be registered as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered.
In India, there are total 45 standard classes/categories are specified by the department, out of which 34 (thirty four) classes are for goods and 11 (eleven) classes are for services. The registration is granted in particular class only, in which application is made. Application under multiple classes is also permissible, for which a single application is sufficient.
Yes, foreigner investors can also apply for trademark in India.
Once filing of the application is done one could initially get a right to use the ™ symbol. Once it\'s finally approved, one can use the ® symbol, however this may take up to 18-24 months.
Trademark registration establishes exclusive rights to owner to sue for damages in court, provide better protection, prevent from fraudulent use of the mark, create unique image of the company under the categories/classes they are registered in.
Any person claiming to be the owner of a trademark may apply for registration of trademark by submitting an online application along with prescribed documents and fee.
In India, registered trademark is valid for the period of 10 years at a time from the date of application and can be renewed thereafter.