Trademark is a unique identity that sets apart your business/product/service from the rest of the crowd. It saves the investment you made in registering it and gives both brand value and loyalty to your customers. Trademark Registration allows you to sue others if they try to copy or make any similar trademark registered by you. Go through the entire page to be well versed with the details such as who should register for a Trademark, Why is a Trademark needed for a Business, Benefits that come with it, Documents needed, Procedure for Trademark Registration, etc.
- What is Trademark Registration?
- Trademark Registration Process
- Why is Trademark Registration Required for a Business?
- What can you Register as a Trademark?
- Types of Trademark Symbols under Trademark Registration
- Trademark Classes
- Trademark Registration Documents Required
- Trademark Registration Status
- Benefits of Trademark Registration
- FAQs on Trademark Registration
Any business that wants to secure their brand name and logos should go for Trademark Registration in India. Trademark Registry will provide the necessary security for your brand as per the respective trademark class. You can register your brand name as per the type of field related to your business in any of the 45 trademark classes.
The Procedure for Trademark Registration is explained clearly step by step. Follow these simple steps and get your trademark registered without visiting the registry office in person. They are as such
Step 1: Initial Registration Process
- Prepare the necessary documents and brand logo you want to get registered.
- File the TM Application Form by paying the required fee and attach the trademark representative lawyer’s digital signature.
- Pay Fees via Debit or NeT Banking
- Receive the final acknowledgement receipt and use “TM” right before your brand name.
Step 2: Examining Report on Trademark Registration
After 3-13 months of application filing, the trademark registry department examines the name & logo as per the provision of the trademark act. In case of any objections, the department will issue an objection and gives you time to reply back on the same with necessary proofs.
Step 3: Trademark Publication
If the trademark registry is satisfied with the objection report, then you go ahead with the publication and advertise the brand name in the trademark journal of India.
Step 4 – Opposition on Trademark Registration
In case of any person or company has any objection to the trademark published by you he/she can file an objection within 4 months of trademark publication by showing necessary documents.
Step 5 – Final Trademark Registration Certificate
In case of no obligations, the concerned authorities will finalize it and issues us a final Trademark Registration which would be valid up to 10 years from the date of filing.
Additional Read: Patent Registration
There are several reasons why you should get a trademark registered logo for business. They are as follows
- Secures your brand or company name so that no one can use a similar brand name.
- Provides Protection to the brand name and no other companies can’t use your brand name without prior permission.
- Protects your existing customers from not getting trapped into fake brand names.
- It even gives protection on the Domain Name in case you are an internet startup.
- You can get a Different Identity from Other Sellers if you are selling products on E-Commerce Websites like Amazon, Flipkart, etc.
- You can register as a private limited company with the same name.
You can register many aspects of brand image as a trademark. Choose which aspect of your brand stands out among customers and we have out-listed a few of them.
- Name: You can register your Business Name, Product Name or Person’s Name/Surname as a Trademark.
- Abbrevations: Abbrevations of the Company can also be trademarked.
- Logo/Symbol: You can trademark your logo as it is most appealing and represents your brand. Customers can recall a logo faster compared to a Name.
- Tagline: If you have a great tagline you can trademark that as well. In fact, it describes more on what you actually mean as a business.
- Colour Mark: You can even trademark color or a combination of colors at a time.
- Sound Mark: Musical Notes can be trademarked if they are distinctive.
- Scent Mark: You can trademark scents too.
R Symbol in Trademark – It refers to Permanent Protection for your brand name. Once you get Final Trademark Registration Certificate you will get a logo attached after the brand name.
™ Symbol in Trademark – It provides temporary protection in terms of the brand name. You can use this symbol once you submit the trademark application and provides a warning to others to copy the name or logo.
There are 45 Trademark Classes in total and all the goods and services are categorized as per these classes. You need to be cautious while choosing the trademark class as it is the one that determines the validity of your trademark. For Example, if your business operates under various classes you need to file a trademark for all the applicable classes.
Few popular Trademark Classes among them are listed below and the competition for them would be on a large scale. However, all those wouldn’t matter as long as your mark is Unique.
- Class 9: It includes Computer Software and Electronics
- Class 25: It includes Clothing
- Class 35: It has business management, advertising, etc.
- Class 41: It Includes Education and Entertainment
One needs to take the following documents in order to obtain the Trademark Registration
- Identification Proof of the Signatory
- Address Proof of the Signatory
- Business Proof if any
- Trademark Authority Letter
- Registration Certificate in the Name of Company or Firm
Once you get the confirmation after filing the application you will get an acknowledgement number which you can use to know the trademark registration status. Check the progress of the trademark by using the allotment number. You will get to know whether your application is approved or rejected within 18-24 months.
There are numerous benefits of Trademark registering and we have outlined some of them in the below modules. They are as such
Increases the Trustworthiness of a Business – If your business and brand names are protected with ™ then it adds more brand value & trust among the customers.
File a Case against Competitors – If you are running a unique business and in the case of competitors trying to steal your brand identity or sell products in the name of your company you can file a case against them by using a trademark registry.
Enhances your Brand Value or Asset – Trademark is a company’s asset and it wouldn’t count as an expense even if you spend money on it. If you want to sell it to others the other party would provide you money for the Brand Value or Trademark.
Protects Unique Identity of your Brand – Trademark Registration provides a Unique Identity for your brand and for all the products you sell. Brands with trademarks have a unique identity among their customers.
Protects Digital Assets – You will get protection on the domain name along with the logo. If you have a domain extension .in registered then you can restrict the use of other extensions like .com, .org, etc. thus protecting the digital assets of the company.
Works as PR for the Company – Whenever you publish any articles or advertisements since your brand has a ™ symbol associated with it there will be a greater image among the customers and works as PR of the Company.
Helps in Online ECommerce Portal – If you are a new business in e-commerce then to sell products on e-commerce platforms like Amazon, Flipkart, etc. will always ask for a Trademark Registration Certificate from Sellers.
Global Protection of the Brand – If you want to expand your business globally then a trademark adds more power to your business all over the world. Getting Trademark Registered in other countries is also quite simple if you are already registered in India. It applies to foreigners too and then can get Trademark in India.
1. Can I file Trademark in multiple classes?
Yes, you can file Trademark in multiple classes. However, you need to pay an additional amount to file so.
2. Can we protect idea using Trademark Registration?
No, you can’t protect idea using Trademark Registration. In that case, you should go for a Patent Registration.
3. Is it possible to transfer the Trademark t another Person or Company?
yes, it is possible to transfer Trademark to another Person or Company. In fact, the companies would pay for the Trademark too.
4. Can I check my Trademark Application Status?
Yes, you can check your Trademark Application Status Online with the allotted number to know whether it is approved or rejected.
5. What are the Benefits of Trademark Registration?
There are several benefits of Trademark Registration and they are listed below
- Increases your Brand Value
- Enhances the Trustworthiness for a Business
- Provides Unique Identity among Customers
- Works as PR of the Company
- Global Protection of the Brand.