A trademark is a unique mark or sign that is used to represent a business trading in goods or services. It is used to distinctively identify a business from another and build its credibility among consumers. If one does not register brand name, logo or trademark then he/she can’t stop an imitator from confusing the public by using same or similarly deceptive name or mark that results in financial and economic loss of a business in long term. (Refer: Trade Marks Act, 1999, 2002, 2009 and 2017)
Benefits of Trademark Registration
1. Registration of trademark confers exclusive right on the owner
2. It gives a unique identity to the brand, product or the business name
3. Trademark is considered as an intangible right, Value of which is shown as asset in A/C
4. Confers right to institute an Infringement Action suit against illegal use
5. Can Affix R symbol over the trademark, which act as deterrent to other from copying it
Process of Trademark Registration
1. Check if the mark is capable to be registered under the trademark law
2. Determine appropriate class in which the trademark is to be registered
3. Conduct a search in the database of TM office for same or similar trademark
4. Fill the trademark Questionnaire and Authorize our attorney to file application
5. Our trademark attorney shall file the trademark application with finalized specification
Documentation for TM Registration
1. Trademark Questionnaire to be filled with complete details
2. Trademark Authorization Form to be signed and notarized on Rs. 100 nonjudicial stamp paper
3. Soft Copy of Logo or Device Mark in JPEG Format (Less than 2 mb)
4. In case of partnership firm being applicant, furnish details of all partners
5. In case the applicant is a society or trust then furnish details of all office bearers
One should follow the latest circulation before filing the “Trademark Application”
Trademark Registration Process
Trademark Search: Trade Mark register is open for public to inspect, nowadays it is available online at www.ipindia.gov.in . As the trademark registration can be done in several classes it is advisable to do a thorough search in all possible classes, we strongly recommend an attorney report for trademark search. In general trademark attorney report is priced between Rs.2000/- to 3500/- per mark
Documentation for TM Filing: It is recommended to file the TM application through legal attorney. This require a written authorization in prescribed format in the nature of power of attorney hence, printed on min. Rs. 100 non-judicial stamp paper and should also be notarized.
Filing of TM Application: TM application may be filed as an Individual Capacity or through Proprietorship, Partnership, Pvt/public limited company, Society, Trust or any other legal entities which stand valid in court of Law. Example-The Partnership Agreement is the constitution of the firm which determines the relationship of partners among themselves as well as the relation of partners vis a vis firm. The agreement also lays down the methods of admitting a new partner or for removal of partner. The capital, Interest on Capital, Partners Salary, and profit sharing ratio are some of the predominant items in the agreement which need to be carefully drafted.
Review By TM Office : After the application is filed the applicant can start using TM mark over the trademark. Once the TM application is filed and a receipt is generated the application is categorized as a new application, the trademark department reviews the application and if found complete in all respect the application is marked for examination otherwise a clarification may be sought.
Examination of application is done by the examiners of TM and if found appropriate the application is advertised in trademark journal. However the application may be processed as objected either under absolute grounds for refusal and/or relative grounds for refusal as prescribed in The Trademarks Act, 1999, 2002, 2009, 2017. And an examination report is issued accordingly.
After three months of the publication of the trademark in the Trade Marks Journal, the application is processed provided there is no third party opposition to it. Trademarks Registry will accordingly issue a registration certificate. Term of Trademark Registration Trademark protection in India is perpetual subject to renewal of the registration after every 10 years.
Controller General of Patents, Designs and Trade Marks Office actions in processing applications for registration of trademarks (source: ipindia.nic.in)