Trademark Registration

Trademark Registration in India

Trademark registration in India is essential for entrepreneurs or companies aiming to safeguard their brand. A trademark is a unique sign that is used to recognize goods and services from a specific individual/company. A Trademark can be in the form of pictures, designs, words or even expressions. A trademark is considered an essential object as it helps differentiate your products from other competitors and gives an identity to your products and services.

What can and cannot be Registered as a Trademark?

The Trademark laws provide absolute and relative grounds for refusal of a Trademark Application. For a trademark to be registrable, it must be distinctive in nature, i.e., it must be capable of distinguishing goods and services of one from another. Descriptive words are not registrable unless they have acquired secondary meaning. Marks which are similar to existing marks, or have potential to mislead the public, are not registrable. Marks likely to hurt religious sentiments or considered immoral are also not registrable. If the mark contains scandalous and obscene matters, it cannot be registered.

Who can Apply for Trademark Registration in India?

• Owner or Joint owners of a business
• LLPs (Limited Liability Partnerships)
• Proprietorship firms
• Foreign Businesses
• Societies
• Trusts
• Partnership Firms
• Indian Companies
• Startups and Small Enterprises

Required Documents and Details for Trademark Registration in India

• Applicant's Details: Name and identity proof (PAN, Aadhar), address proof, nationality; for a business, a certificate of incorporation and business registration.
• Trademark Details: Detailed information on how the trademark will be used for goods and services, as per the class of the services/goods.
• Power of Attorney: A signed Form TM-48 in case the trademark is being filed by a trademark agent or attorney.
• User Affidavit: If the trademark has been in use prior to the application, an affidavit stating the date of first use with evidence.
• Legal Entity Proof: A registration certificate or business incorporation certificate.
• Authorization Letter, Objective of the Business, Logo/Slogan/Brand, and Business Address Proof.

Business-entity-specific documents include: Private Limited Company (Incorporation Certificate, Brand Name/Logo/Tagline, Company PAN, MSME Certificate); LLP (LLP Deed, Certificate of Incorporation, LLP PAN, Brand); Trusts (Trust PAN, Trust Deed, Logo/Name/Tagline); Partnership Firms (MSME Certificate, Partnership Deed, Partnership PAN, Logo); Sole Proprietorship (GST Number, PAN Card, Aadhar Card, Logo/Name/Tagline).

What is the Trademark Filing Process in India?

The process of trademark registration in India is a systematic procedure governed by the Trade Marks Act of 1999 and the Trademarks Rules of 2003 and 2017. The procedure involves several steps:

1. Trademark Search: A thorough and comprehensive search to ensure the trademark is unique and has not been in use by a third party.
2. Filing the Application: Submitted to the Trademark Registry with details about the applicant, a graphical representation of the trademark, and a description of the class of goods or services.
3. Examination by the Trademark Office: The office examines the application to ensure no conflict with an existing trademark and that absolute grounds of refusal do not apply.
4. Trademark Objection: The examiner may raise objections; the applicant must file a comprehensive reply within a month, or the application will be deemed abandoned.
5. Publication in the Trademarks Journal: Once cleared, it is published; third parties can oppose within four months by giving notice in Form TM-O.
6. Opposition Proceedings: Evidence is submitted by the opposer and applicant, and the Registrar decides.
7. Registration Certificate: The registry issues a Trademark Registration Certificate, granting exclusive rights.
8. Trademark Renewal: Valid for ten years from the date of registration and renewable from time to time.

Trademark Classes in India

In India, trademarks are categorized into 45 classes based on the Nice Classification system. Each class represents a distinct category of goods and services — Goods are covered under Classes 1–34 (chemicals, paints, cosmetics, pharmaceuticals, metals, machines, hand tools, scientific and electronic apparatus, medical instruments, vehicles, jewelry, musical instruments, paper and printed matter, leather goods, furniture, household utensils, textiles, clothing and footwear, and more), and Services are covered under Classes 35–45 (advertising and business management; insurance and financial affairs; construction and repair; telecommunications; transport and storage; treatment of materials; education and entertainment; scientific and technological services; food and drink services; medical and beauty care; and legal and security services).

Different Types of Trademark Registrations in India

• Word Marks: Trademarks consisting of numbers, words or letters.
• Device Marks: Logos, symbols, emblems or graphical representations that serve as a distinctive sign of the brand.
• Combination Marks: Both words and graphical attributes in the design.
• Service Marks: Given to businesses that provide services to their customers.
• Shape of Goods or Packaging: Registered for the distinctive shape of goods or their packaging.
• Sound Marks: Jingles or tunes that help a customer recognize a brand.
• Color Marks: Using colours as a distinctive feature of a brand.
• 3D Marks: The configuration or shape of the goods.
• Collective Trademarks: Used by members of an association to indicate a common origin.
• Certification Marks: Certify that goods and services meet set standards (e.g. BIS, ISI).

Copyright vs Trademarks vs Patents