A trademark can be defined as a separate identity that helps your brand stand apart from the crowd when it comes to other products and services.
The intellectual property and intangible asset of your business is a brand registration in India. Trademark Registration in India safeguards the investor’s interest in your business and your client’s trust as well.
Trademark Registration in India grants you the right to sue others who attempt to copy your trademark and prevents others from using a trademark that is similar to the one you have registered.
Which all things can be registered as a trademark?
You can register a number of aspects of your brand’s image as a trademark. When you register a trademark online, you must decide what distinguishes your brand from competitors. Select that aspect or aspects for your trademark application in India.
Name
a. Name of the Product: You can enroll a specific item’s name as a brand name. The iPod is a trademark for a product name.
b. Name of the Business: Enlisting an organization name as a brand name is the most widely recognized course organizations take. Ex: Bajaj.
c. The name of the person: You can even trademark your name if your name has a significant impact on revenue! Ex: He has registered his name as a trademark.
d. Slang Terms: A trademark can also be an abbreviation of a company or brand name. Ex: BMW.
2. Logo/Symbol Because it visually represents your brand, trademarking a logo is highly recommended. Your clients can recall a logo quicker than a name. The Nike “swoosh” is a great example of a brand registration in India.
3. Tagline You are free to trademark your brand’s tagline if you already have one. A slogan lets your clients know a big motivator for you as a business. Take KFC’s slogan, “It’s finger lickin’ good.”
4. Different Choices
a. Variety Imprint: Online trademark registration is available for either a single color or a group of colors. Ex: Cadbury has reserved the variety illustrious blue)
b. Sound Imprint: If we can demonstrate that it is distinctive, musical notes or sounds can be trademarked through online trademark registration. Nokia owns the tune as a trademark.
c. The Scent: Online trademark registration makes it possible to trademark scents as well.
Importance of Trademark Registration
A company must register a trademark for the following reasons:
- It highlights your one of a kind character
- It assists you with building trust and unwavering ness among your clients
- It offers legitimate security for the identity of your brand
- It is an important asset.
- It restricts unapproved utilization of the identity of your brand.
Classes of Trademarks
There are 45 classes of trademarks, and all goods and services fall into one of these categories. The classes you choose will determine the validity of your trademark registration for your company’s goods and services, so you need to choose them carefully. You must ensure that you can apply for a trademark online for all relevant classes if your company offers a variety of goods and services that fall under different classes.
In India, some popular trademark classes include:
- Class 9: which includes electronics and computer software,
- Class 25: which includes clothing,
- Class 35, which includes advertising and business management, and
- Class 41: which includes both entertainment and education.
The competition for a trademark may be higher if you operate in one of these trademark categories. Nonetheless, that shouldn’t make any difference as long as your imprint is novel.
The most effective method for Trademark Registration in India
Step 1: Trademark Search
Experts will conduct a thorough search of the trademark database after you provide us with basic information about what you want to trademark online and the industry you operate in. This is done to see if the mark you want to register is currently available.
We move on to step 2 after you select a trademark that is available.
Step 2: Class Determination and Collection of Documents
The following undertaking is to choose the suitable class(es) for your business. However, you do not want to stress excessively. Specialists will direct you in choosing the right classes to cover all parts of your business. In your dashboard, you can simultaneously begin uploading all of the required documents (listed below) to apply for a trademark online.
Step 3: Trademark Application
Filing Once all of the documents have been uploaded, The team will verify them. Then the brand name application structure will be filled for your sake and submitted alongside the archives. Your application will be checked for accuracy and error-freeness by our team.
Until the trademark registration is finished, follow the procedure and keep an eye out for any notifications from the Trademark Registry.
Congratulations! As the application has been submitted, you can begin using the symbol TM immediately!
Step 4: Trademark Rejection (occasionally)
The examiner may inquire about your application from time to time. This is sent to you as a notice of trademark objection, and you have 30 days to respond.
Step 5: Trademark Opposition (occasionally)
A third party may also object to your application. If this is the case, you will need to file a counter-statement with the Registrar within two months explaining the reasons why the opposition is invalid. In view of your reaction the Recorder may either excuse the resistance or require a meeting.
Objections of a Trademark
The trademark examiner may discover certain registration-related issues in some instances. The incorrect online filing of a trademark application, the use of misleading or offensive terms, insufficient product or service information, or the existence of an identical or misleadingly similar mark are all examples of these problems.
At the point when a complaint is raised, the status on the register will show as ‘Protested’, following which a masterfully drafted reaction should be recorded after an investigation of the actual complaint and with any supporting reports and verifications. Your opportunity to bolster your claim over your mark and evoke urgency is your objection response.
Assuming that the reaction is acknowledged, the application will be handled further for trademark registration and ad in the Journal related to trademark. A trademark hearing may be scheduled in the event that it is not accepted or that the examiner requests additional clarifications. A notice will inform you of this.
From the moment the objection is first raised, the procedure typically takes two to four months. Although not guaranteed, the chances of approval are much higher once the project is finished.
Opposition of a Trademark
On the other hand, a trademark opposition is a legal proceeding in which one party tries to prevent the grant of a trademark application. A trademark opposition is a written notice filed with the trademark examiner by third parties who believe your trademark could affect them or their own trademark in some way. The applicant is required to submit a counter statement to the Registrar within two months if the examiner determines that the opposition has merit.
Assuming the Recorder feels the counter assertion tends to the resistance significantly, they might excuse the resistance. Alternatively, the registrar may request a hearing with both parties presenting their arguments if they believe there is more to consider. The Registrar will decide whether the application or the opposition is valid following the hearing. Within three months of publication, this decision can be appealed to the Intellectual Property Appellate Board.
Documents Needed for Online Trademark Registration
Below mentioned are the required documents for online trademark registration:–
- 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)
- Udyog Aadhar/MSME registration certificate (optional).
End Note
In this article, a thorough analysis was given regarding trademark registration, the documents required, its importance, different classes and so much more.
