Overview of Trademark Registration in India

Trademark registration offers several benefits, some of which are:

• Exclusive Rights: Trademark registration in India grants the owner exclusive rights to use the mark in relation to the registered goods or services.
• Legal Protection: Registered trademarks receive legal protection under the Trademarks Act, 1999, providing a strong legal basis for taking legal action against infringement.
• Brand Recognition: Trademark registration helps establish brand identity and builds trust among consumers, distinguishing a product or service from competitors.
• Business Asset: Trademarks can become valuable business assets that can be licensed, franchised or sold, providing additional revenue streams.
• Market Advantage: Having a registered trademark gives a competitive edge by preventing others from using a similar mark, protecting market share and consumer loyalty.
• Consumer Trust: Trademark registration enhances consumer confidence by signaling the quality and authenticity of a product or service.
• Global Protection: International trademark registrations through treaties like the Madrid Protocol extend protection beyond India, facilitating expansion into foreign markets.
• Deterrence against Counterfeiting: Trademark registration acts as a deterrent to counterfeiters and provides legal remedies to combat counterfeit products.
• Brand Expansion: Trademark registration allows businesses to expand into new product lines or services under the established brand name, leveraging brand recognition.
• Long-Term Protection: Once registered, trademarks enjoy protection for ten years, renewable indefinitely, ensuring long-term brand protection.
• Infringement Remedies: Trademark registration provides a stronger legal basis for seeking remedies in case of trademark infringement, including damages, injunctions and seizure of counterfeit goods.
• Corporate Identity: Trademarks contribute to building a distinct corporate identity, which is especially beneficial for businesses operating in competitive industries.
• Trust and Credibility: Registered trademarks inspire trust and credibility among consumers, as they represent a commitment to quality and consistency.
• Brand Loyalty: Trademarks foster brand loyalty, as consumers tend to associate familiar trademarks with positive experiences and are more likely to choose products or services associated with a trusted brand.
• Marketing and Advertising: Trademarks can be valuable marketing and advertising tools, enabling businesses to create effective brand campaigns and attract attention in crowded markets.
• Licensing Opportunities: Registered trademarks can be licensed to other businesses, providing a revenue stream and expanding brand reach while maintaining control over quality standards.
• Business Expansion and Franchising: Trademark registration facilitates business expansion and franchising opportunities, as a registered mark carries recognition and reputation into new territories.
• Investor Confidence: Trademark registration enhances investor confidence, as it demonstrates the business's commitment to protecting its brand assets, which can be attractive to potential investors or partners.
• Online Protection: Trademark registration enables businesses to protect their brand in the digital realm, preventing unauthorised use of their mark in online platforms, social media and e-commerce platforms.
• Improved Negotiating Power: A registered trademark strengthens a business's negotiating position in licensing, distribution or partnership agreements, as it adds value to the brand and enhances its market presence.

Who is Eligible for Registration of Trademarks?

Many entities like for ex. individuals, corporations and non-profit organisations are eligible to apply for trademark registration in India and each category of person or entity has specific requirements to fulfil while filing a trademark application.

The detailed list of eligible entities are:

Individuals:

Individuals can file for trademark registration for a symbol or word they intend to use in the future.

Joint Owners:

Joint owners of a company can collectively file for a trademark, with both their names mentioned in the application.

Proprietorship Firm:

A proprietorship firm can file a trademark application under the proprietor's name, but not under the business or proprietorship names. Including such details separately is necessary.

Partnership Firm:

A partnership firm must include all partners' names (up to ten members) in the trademark application. If a minor partner is involved, the name of their guardian representing them should be mentioned.

Limited Liability Partnership/LLP:

In the case of an LLP, the trademark application should be made in the name of the LLP itself, as partners have individual identities and cannot be the trademark applicant.

Indian Company:

Any Indian company, regardless of its type (private limited, limited, etc.), must file a trademark application in the company's name. Directors of the company cannot be the trademark applicants.

Foreign Company:

If a foreign incorporated entity applies for a trademark in India, the application must be made in the corporate name registered in the foreign country, specifying the registration details, country and relevant laws.

Trust or Society:

When the trademark application is filed on behalf of a trust/society, the chairman, managing trustee or secretary representing the trust or society must be named.

For registering with Trademark, the following documents are must:

1.    Applicant's Identity Proof:

• PAN Card: Provide a clear and valid copy of the applicant's PAN (Permanent Account Number) card as proof of identity.
• Aadhar Card: Submit a copy of the applicant's Aadhar Card, a government-issued identification document containing biometric and demographic information.
• Passport: If the applicant is a foreign individual, a copy of their passport is required as proof of identity.

2.    Address Proof:

• Submit a valid address proof document to establish the applicant's address.
• Accepted address proof documents may include utility bills (electricity, water, gas), bank statements or a copy of the lease agreement.

3.    Certificate of Incorporation i.e. CoI for Companies:

• In the case of companies registered under the Company Act, 2013, submit a copy of the CoI.
• The CoI serves as proof of the company's legal existence and registration under the specified act.

4.    Logo:

• If the trademark application includes a logo, provide a clear and distinctive representation of the logo.
• The logo should be in a suitable format for identification purposes, such as a high-resolution image or vector file.

What can be Registered as a Trademark?

• Words and Names: Trademarks can include distinctive words, names or combinations thereof that uniquely identify a product, service or business.
• Logos and Symbols: Unique and visually identifiable logos, symbols or designs can be registered as trademarks to represent a brand or company.
• Slogans and Taglines: Catchy phrases, slogans or taglines that are distinctive and associated with a specific business or product can be registered as trademarks.
• Sounds and Jingles: Uniquely recognisable sounds, such as musical jingles or audio cues, can be registered as trademarks, adding an auditory dimension to brand identity.
• Colours and Colour Combinations: In some cases, specific colours or combinations of colours that are inherently distinctive and associated with a particular brand can be registered as trademarks.
• Product Packaging: Unique and recognisable product packaging, including shapes, designs or configurations, can be registered as trademarks to protect the distinctive appearance of a product.
• Three-Dimensional Marks: Three-dimensional shapes, such as product designs or packaging, can be registered as trademarks if they are distinct and not purely functional.
• Motion Marks: Dynamic or moving images or sequences that represent a brand or product in a unique and identifiable way can be registered as trademarks.
• Non-Traditional Marks: Other non-traditional trademarks such as holograms, gestures, smells or taste marks may also be eligible for registration if they meet the distinctiveness requirements and can be graphically represented.
• Collective and Certification Marks: Collective marks are used by groups, associations or organisations to indicate a common origin or quality, while certification marks are used to certify certain characteristics or standards of goods or services.
• Multimedia and Internet-based Marks: Trademarks used in multimedia formats, online platforms or in the digital realm can also be registered to protect brand identity and online presence.

What is the Duration of Validity of Trademark Certification in India?

The validity of a Trademark Registration Certificate in India is initially for a period of ten(10) years, starting from the date of filing the trademark application. This certificate serves as proof of ownership and grants exclusive rights to the registered trademark.

To maintain the validity of the trademark registration, it is essential to renew the certificate before its expiration. The renewal can be done indefinitely in subsequent ten-year terms, ensuring ongoing protection and preserving the rights associated with the trademark. By keeping the trademark registration certificate valid, businesses can safeguard their brand identity, prevent unauthorised use and establish a strong market presence.

What are the Charges for Registration of Trademark in India?

The charges associated with Trademark registration are as given below:

1.    Government Fee:

• Individual or Proprietorship Firms: ₹4500/-
• Company, LLP, Firm, NGO, etc. recognised as a Startup or Registered MSME: ₹4500/-
• All Others: ₹9000/-

2.    Professional Fee:

• This fee is paid to the trademark attorney or agent handling the registration.
• The professional fee can vary based on the complexity of the case and the experience of the professional.

3.    GST on Professional Fee:

• Goods and Services Tax (GST) at a rate of 18% is applicable on the professional fee.

4.    Stamp Duty and Notary Charges:

• Charges for notarising the user affidavit and attorney authorisation documents.
• Notary charges may vary, while stamp duty is a fixed charge imposed by the state.
• The cost of stamp paper and notary is not included in the registration packages.

It's important to note that the total cost of trademark registration would include these charges. While the government fee, GST and notary charges are fixed, the professional fee may vary.

What is the Time Required for Trademark Registration?

The timeline associated with trademark registration process involves:

1.    Filing of Trademark Application:

• Completion of necessary documentation and filing the application within 24 hours.
• Immediate acknowledgment is generated upon submission.

2.    Processing and Examination by Trademark Office:

• The Trademark Office scrutinises the application for defects, taking about one to three months.

3.    Examination Report and Reply:

• If objections are raised in the examination report, a response must be filed within 30 days of report issuance.

4.    Show Cause Hearing:

• In case objections persist, a hearing may be scheduled, typically one to several months after the response is submitted.

5.    Publication in the Trademark Journal:

• If the examiner is satisfied, the application is published in the Trademark Journal.
• A waiting period of 90 days is provided for any oppositions to be raised by the public.

6.    Trademark Registration:

• If no oppositions are raised or if oppositions are decided in your favour, the trademark is registered.
• A certificate of registration is issued.

The entire process can take approximately 6 to 9 months.

For getting a trademark registered in India, the following steps must be followed:

1.    Filing of Trademark Application:

• Submit all necessary documents and make the required payment for your trademark application.
• The application is filed within 24 hours, generating an acknowledgment receipt.
• After receiving the acknowledgment, you can start using the TM symbol with your trademark.

2.    Processing of Application at Trademark Office:

• The filed application undergoes scrutiny to check for any defects or errors.
• The application is either marked for further examination or any highlighted errors are brought to your attention for rectification.

3.    Examination of Trademark Application:

• A trademark examiner evaluates the application to determine its eligibility for registration.
• After examination, an examination report is issued, containing the examiner's observations.

4.    Reply to Examiner's Report:

• Within 30 days of receiving the examination report, the applicant must respond with a comprehensive reply.
• It is important to provide relevant information and supporting documents to strengthen the application's chances of success.

5.    Show Cause Hearing:

• If the examiner is not fully satisfied with the written reply, the applicant is granted a show cause hearing.
• The purpose of the hearing is to address any remaining concerns and provide additional explanations or clarifications.

6.    Publication of Trademark:

• Once the examiner is satisfied with the application's eligibility, it proceeds to publication in the Trademark Journal.
• The trademark is published to invite any opposition within a 90-day period.

7.    Issuance of Trademark Registration Certificate:

• If no opposition is received within the specified period, the Registrar of Trademarks issues a certificate of registration.
• The trademark registration certificate is valid for ten years from the application date and can be renewed for subsequent ten-year terms.

What Are The Services Offered by Startupfino in Trademark Registration?

A trademark is a mark that may be represented graphically and is used to distinguish one person's goods or services from those of another. It can include the design of the goods themselves, their packaging or a combination of colours. With the use of trademark registration, you can guard against competitors using the same or similar marks to benefit from your brand.

Startupfino is a company that specialises in offering complete services for Trademark registration and filing. We can help you with everything from providing advice in the initial phase to ensuring that you meet all the necessary requirements and fulfil all post registration compliances.

Our trademark registration services include the following:

• Professional trademark search and analysis to determine the availability and potential conflicts of your desired mark.
• Expert assistance in preparing and filing trademark applications, ensuring all required documentation is in order.
• Comprehensive guidance throughout the examination process, including responding to examination reports and overcoming objections.
• Representation in show cause hearings, presenting a strong case to address any concerns raised by the examiner.
• Timely monitoring of the trademark publication in the Trademark Journal and efficient handling of any oppositions received during the specified period.

By availing our services, entrepreneurs can avoid the negative outcomes of non-followance of rules and compliances. StartupFino works hard to provide services that are prompt and effective, so you can manage your business without any issues and without facing penalties or problems.