Author- Shailja Choudhary
INTRODUCTION
A company’s trademark is the graphical depiction of a name, word, label, device, or numerical characters used to set apart the company’s goods and services from those of competing companies. A trademark serves as the distinguishing feature between the goods and services that one provider offers and those offered by other providers.
Once a trademark is registered, the brand or ideogram it represents becomes the exclusive property of the firm that registered it. Once it has been determined that the trademark is unique to the services and commodities being offered, it can be registered. Trademark applications that are confusingly similar to existing registered trademarks will be rejected. It is also impossible to register a trademark that is misleading, generic, offensive, similar, contains solely protected insignia, etc.
WHO REGISTERS THE TRADEMARK IN INDIA
The Controller General of Patents, Designs, and Trademarks, under the Department of Commerce and Industry, Government of India, is responsible for registering trademarks in India. The Trademark Act of 2016 allows trademark owners to seek monetary compensation for trademark infringements after they have had their marks registered[1].
Once a trademark has been registered, the owner is granted the right to use the trademark symbol for a term of 10 years. Nonetheless, trademark renewal applications can be filed for registered trademarks that are about to expire, extending their registration duration by ten years[2].
WHO CAN APPLY FOR A TRADEMARK
Individuals, corporations, and limited liability partnerships (LLPs) are all eligible to register trademarks, and whoever is listed as the “applicant” on the trademark registration application will end up owning the trademark once it’s been officially registered.
BENEFITS OF A TRADEMARK REGISTRATION
Having a registered trademark allows you to protect your business’s reputation and brand from infringement. Furthermore, a solid brand can serve as a bridge between the product and the buyer, cementing the buyer’s confidence in the product and the company’s credibility over time.
There are many other benefits, for instance,
- When a product or service is registered as a trademark, consumers have more faith in its legitimacy as a source.
- Having a trademark registered can help with marketing your business’s products and services.
Legal protection: Trademark registration grants the owner legal protection against trademark infringement because trademarks are considered intellectual property. Whenever a trademark is registered, the owner gains the exclusive right to use that mark in commerce on behalf of the “Class” of products or services that the mark identifies. The trademark application process enables the use of the TM symbol on items. When your trademark has been officially registered, only then can you use the registered trademark “R” symbol. In addition, the TM symbol may only be used in connection with the specific products and/or services that are specifically authorized on the registration certificate. If your trademark is being used without your permission, you can file a claim for trademark infringement in the country’s proper court system[3].
Product differentiation: A trademark registration is unique to the services or commodities it covers. Having a trademark means that your product can be easily distinguished from that of your rivals. Additionally, trademark registration will aid in product differentiation by being valid for the full class of goods or services represented. Having a trademark on your goods helps consumers easily recognize it from others on the market.
Brand recognition: Products’ perceived value, quality, and features all become intrinsically linked in the minds of consumers to the brand that created them. The logo serves as a symbol of the product, making it a trademark in its own right. Marking your goods and services with a trademark helps get them noticed. As a bonus, it builds consumer confidence in the company’s products. This ensures longevity in both brand recognition and market value. The recognizability of a brand is important for attracting and retaining both new and long-term customers.
STEP-BY-STEP PROCEDURE TO REGISTER A TRADEMARK
The steps required to register a trademark are as follows: making an application for registration, having the trademark examined, publishing or advertising the trademark, raising objections, having the trademark registered, and renewing the trademark every ten years.
Although registering a trademark is a straightforward process, it is much simpler and more reliable with the help of an experienced trademark attorney.
STEP 1– To search for a trademark
Careful consideration should be given to the applicant’s trademark selection. Since there are already a wide variety of trademarks to choose from, the next step after settling on a trademark is to conduct a public search on the Trade Marks Registry’s database of registered trademarks to make sure the trademark is distinct and that no other trademark is confusingly similar to it.
The trademark search reveals both registered and unregistered trademarks. If there is already an identical trademark on file for the same goods or services, the search will reveal that fact as well.
STEP 2– To file the trademark application
You have two options to choose from while filing for trademark registration.
Register your trademark in the “one” class. That is, the trademark will be filed for use only with the goods of the kind you have designated. There’s a TM-1 form you need to fill out in this case. The TM-1 form has a filing cost of Rs. 3,500.
An application for trademark registration covering many classes, series, or collective trademarks is the third option. There’s a form called TM-A that needs to be filled out for this. The trademark can be registered at multiple levels using this form[4]. There are two pricing tiers for submitting this form: Mark Filing.
Rupees 9,000 or rupees 10,000– This category includes everyone who isn’t a newly formed business, a small business, or an individual with special status from the government.
Rupees 4,500 or rupees 5,000- Everyone who does not employ more than 49 people, who operates a government-recognized small business, or who is a new business falls into this category. The fee for electronically filing the form is 4,500 rupees, whereas the fee for physically filing the paper is 5,000 rupees.
If you make a mistake on the form, your application could be delayed or even rejected. Please fill out all required fields and include a trademark image. If you’d prefer, you can submit it electronically or have a representative do it for you. If you file electronically, you’ll receive confirmation immediately; if you mail in your paperwork, it could take up to 15-20 business days[5].
STEP 3– Examination of the trademark application by the government authority
Once the application for a trademark has been filed, the Examiner will conduct a thorough review of the application by the requirements of the Trade Marks Act of 2016 [6]and will then produce an examination report. The authority’s examination report might or might not highlight some absolute, relative, or procedural issues. As soon as 30 days have passed since the application for registration was submitted, the Trademark Authority will release a report detailing its findings.
Within 30 days of receiving the report, the examinee must send a response outlining the arguments and evidence against any objections to waive them off.
STEP 4– Post-examination
If the Examiner (Trademark Authority) isn’t pleased with the response made in response to the examination report, or if the objections aren’t addressed, he or she may schedule a hearing after the reply is filed. Any remaining objections will be heard by the Examiner after the hearing, and either the mark or application will be accepted and sent on to the journal.
STEP 5– Advertisement of the trademark
After the application for trademark registration has been approved, the trademark will be promoted and published in the Trade Marks Journal for a total of four months. Publication and promotion are intended to encourage others to challenge trademark registration.
The Trade Marks Journal is published online at the official Registry website and is updated weekly on Mondays.
STEP 6– Opposition from the general public
At any point, after the trademark has been advertised and published in the journal, any interested party may file a notice of opposition to the registration of the trademark. Objections to trademarks must be filed using Form TM-O within four months of the trademark’s publication in the Trademark Journal. If the trademark registration application is challenged or objected to, the applicant must adhere to the legal requirements for trademark registration, which may include submitting a counter-statement application, providing proof, and attending a hearing[7].
STEP 7– Registration of the trademark
The last step is registration, which can happen only if the trademark application has successfully overcome any objections or oppositions to its registration. In addition, a registration certificate is granted automatically for the trademark within a week if no opposition has been filed against the registration during the 4-month term of advertisement/publication. The completed registration is good for ten years before it needs to be renewed[8].
DOCUMENTS REQUIRED FOR A TRADEMARK REGISTRATION
Trademark registration is an important step in protecting your brand or company from unauthorized use or infringement. The Government of India has gradually reduced the complexity of the trademark registration process, allowing business owners to confidently register their brands in as little as two months. To register a trademark in India, you will need to submit several different pieces of paperwork.
Note: Original documents are not required to be submitted throughout the trademark registration application process. Documents can be scanned and submitted as electronic copies.
CONCLUSION
Protecting your company’s brand and its goods and services from imitation is the job of a registered trademark. A trademark’s dual purpose is to raise product quality and customer awareness. Trademark registration in India is a great way to boost your company’s worth, credibility, and market value.
[2] Ibid
[3] https://services.india.gov.in/service/ministry_services?cmd_id=244&ln=en
[4] https://www.meity.gov.in/content/trademark
[5] Ibid
[6] Trade Marks Act, 2016
[7] Supra n.4.
[8] Ibid
