Get your trademark Registered Today in 1299*

Step 1.

Conduct Trademark Search

Step 2.

Collect all documents like Address Proof, Udyog Aadhar Card, Power of Attorney (to be drafted by the Company)

Step 3.

File the Trademark application

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Trademark Registration in India – An Overview

A trademark can be defined as a unique identity which can be a word mark or device that makes your company, product, or service stand out from the rest and give you a different identity. A registered trademark is your business’s intangible asset. It protects the business and its identity from other companies which try to use your brand to gain profits in a wrongful manner.

The registration provides the right to sue or oppose others who try to copy your trademark and prevents others from using an identical or similar trademark to your trademark.

What Can You Register As a Trademark?

Many aspects of your brand image can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers. Pick that aspect(s) for registering.

1. Name

a. Product Name: You can register a particular product’s name as a trademark. For example TV like Bravia of Sony is a product name trademark.

b. Business Name: Registering a company name as a trademark is the most common route businesses take. Ex: Samsung.

c. Person’s Name/Surname: If your name plays an important part in generating revenue, then you can even trademark your name! Ex: MS Dhoni has trademarked his name.

d. Abbreviations: Abbreviations of a company or brand name can also be a trademark. Ex: MI.

2. Logo/Symbol/Device

It is highly recommended to trademark a logo because it visually represents your brand. In terms of Intellectual property, we say such registration as device registration. Which can we your name and design for example Nike logo or Apple logo.

4. Other Options

a. Colour Mark: You can trademark a colour or a combination of colours. (Ex: Cadbury has trademarked the colour royal blue)

b. Sound Mark: Musical notes or sounds can be trademarked if we can prove that it’s distinctive. Nokia has trademarked its tune.

c. Tagline: Even tagline can also be registered.

Why Is Trademark Registration Important?

Trademark registration is important and necessary for a business because:

  • A unique marker of identity
  • Mark of standard and quality
  • Protecting a reputation
  • Consumer protection
  • Strengthens market footing
  • Financial benefits
Trademark Classes

There are 45 trademark classes and all the goods and services are categorized across these classes. You need to be very careful while picking the classes as it will determine the validity of your trademark for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you apply for the trademark under all the applicable classes.

Some of the popular trademark classes in India are:

  • Class 9: which includes computer software and electronics,
  • Class 25: which includes clothing,
  • Class 35: which includes business management and advertising, and
  • Class 41: which includes education and entertainment.

If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.

Process of Registering Trademark

Upon receiving the query from the client team of Resolve Your Compliance notes the query whether client need trademark Registration of what kind of mark and in which class.

Step 1: Trademark Search

Team of RYC as per information provided by the client file a cross-check trademark and do a public search and provide client with the search report as per public records and objections it can face.

Once you decide, we move to step 2.

Step 2: Document Collection

We collect documents like Aadhar Card of Individual or Udyog Aadhar (in case of small industry or MSME) and prepare Power of Attorney which is drafted and couries to the client for its signature.

Step 3: Trademark Application Filing

Once we have all documents and details we upload all documents and details and cross-checking with clint we file the application before the Hon’ble Registry.

Congratulations! You can now start using the symbol ™ as the application has been submitted!

Step 4: Trademark Objection (in some cases)

Sometimes the examiner might have some questions about your application. This is sent to you as a trademark objection notice and you need to respond to it within 30 days. Our experts can craft a strong objection response and guide you in submitting the right documents and proofs.

Step 5: Trademark Opposition (in some cases)

There is also a chance for a third party to oppose your application. In that case, you have to submit a counter-statement to the Registrar within 2 months stating why the opposition isn’t valid. Based on your response the Registrar may either dismiss the opposition or call for a hearing.

Trademark Objections

In some cases, the trademark examiner might see certain problems or issues with the registration of your trademark. These issues can be either the filing of an incorrect trademark form, incorrect name/details, the usage of deceptive or offensive terms, insufficient information on goods or services, or the existence of an identical or deceptively similar mark.

When an objection is raised, the status on the register will show as ‘Objected’, following which an expertly drafted response will need to be filed after an analysis of the objection itself and with any supporting documents and proofs. Objection response is your opportunity to strengthen the claim over your mark and create urgency.

If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or if there are additional clarifications sought by the examiner, there could be a trademark hearing scheduled and this will be communicated to you by a notice.

The process typically takes 2-4 months from when the objection is first raised. Once completed, the chances for approval, while not guaranteed, are much higher.

Documents Required for Trademark Registration

Initially, you have to provide us with the following details:

  • Applicant’s name
  • Business type
  • Brand/logo/slogan name

The documents required are:

  • Power of Attorney
  • Identification proof of the signatory
  • Address proof of the signatory
  • Business proof (depends on the type of business)
  • Udyog Aadhar/MSME registration certificate (optional)