Trademark registration helps establish ownership and protect brand of an entity. Early trademark filing will help avoid unnecessary legal tangle.
What is Trademark Registration in India And How To Register a Trademark?
A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell; however, most businesses are only looking for a brand name registration or logo registration. Owners of trademarks have exclusive rights to their use under the categories they are registered in (there are a total of 45 categories, called classes).
Trademark registration enables owners to easily establish their right to the trademark in court and earn royalties. It also deters piracy and prevents similar company names from being registered by other businesses. You can conduct a trademark search, to check if your brand name clashes with existing trademarks. In India, you could get a ™ within three days, but it takes up to two years for it to be registered so that you can use the ® symbol.
Trademark Registration Process Online
Retry Global Solutions Trademark Registration Package Includes:
- We conduct a thorough search of the TM director.
- We prepare an authorization letter , so we can file for trademark registration on your behalf.
- We offer you with advice on the classes you need to apply under.
- We assist you in filling up the forms with the Registrar
- We constantly provide you with updates until the registration process is complete.
What are the Documents required for Trademark Registration?
While filling a trademark with the Trademark Registrar, one has to provide the following documents.
Name of the applicant
Type of Business
Main Objectives of the Business
Name of the Brand/ Slogan/ Logo
Address of Registration
What can be Trademarked and Who all can Apply for Trademark ?
In India, the following items can be trademarked, Sounds, Colours, Logos, Phrases, Words, Symbols, Images, Initials or a combination of all can be trademarked. The thing to keep in mind is that all of these mentioned above have to identify with the good and services of a particular business form the rest.
Trademarks can be applied by individuals, LLPs, private firms, Indian Companies and even NGOs. In the case of the company or an LLP or an NGO, the trademark has to be registered in the name of the concerned business.
What is a Trademark?
A trademark is essentially a characteristic of your brand. It could be your brand name, your brand’s logo, or even your brand’s slogan. For example, ‘Nike’, the ‘Swoosh’, or the slogan ‘Just Do It’. In some cases, the brand’s name and logo are combined into one, as in the case of BMW, or Coca-Cola. That is called a Logo Composite Mark.
A trademark grants you commercial rights to sell a particular brand name in a certain sector of the economy. There are 45 sectors and each sector is called a class. For instance, Class 28 refers to Toys, Games, and Sports. So if you want to protect your toy brand, you need to make an application under Class 28 and get exclusive commercial rights, to sell your brand of toys under that class.
6 Facts on your Trademark Application
Advantages of Trademark Registration
If you believe your registered trademark is being infringed, it is easy to establish your right to it in court. If you haven’t registered the word, slogan or logo, you would not be able to do so. Particularly in sectors in which piracy is rampant, trademark registration is essential.
A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald’s. Businesses can earn huge money in royalties through licensing agreements or even transfer ownership to interested parties through assignment agreements.
You would want your customers to identify your products or services with yours only. Registering your trademark is the first step toward ensuring this. The court would then stop any similar words or slogans from being registered.
Different Trademark Symbol and Usage
In India, the TM, R and C symbols are commonly used for trademarking. For a clear understanding, let us look at some of the common usages of the above mentioned symbols.
® – R SYMBOL
You are given the ® – R Symbol to use as soon as you file an application for a trademark with the registrar. You can use this symbol to protect your trademark from an infringement, under the trademark laws.
Please note, you can only use the ® – R Symbol if you have applied for a trademark registration, applying for one without a registration is illegal.
™ – TM SYMBOL ©
The ™ – TM Symbol © is used in connection with an unregistered trademark. It aims to warn any person against infringement of a symbol, logo or name.
The ™ mark does not guarantee that your trademark is protected under the copyright act and a person can use it if his or her trademark application has been rejected.
© – C SYMBOL
The © symbol is reserved for content that can be copyrighted. This can include photography, artwork, films, literary works and books. Most countrie in the world, including India have made the © – C Symbol mandatory to use for copyright claims.
The SM symbol concerns those in the service industry. This symbol is generally filed under the class 35 – 45. This is generally used in connection with a service mark like banking, legal services, etc. Just like the ™ symbol, a person with a SM mark is not guaranteed protection under the trademark law.