Trademark Registration in India
Trademarks are those which help in the identification process for the customer. It should be unique and nonidentical. For protecting your trademark from copying it from others you should register your trademark.
This topic explains the Registration of trademark in India
- Meaning of trademark
- Features of the trademark
- Benefits of registering your trademarks
- Process for registering your trademark
- Documents required for registration
What is trademark in India
Trademark is referred to as a pictorial representation of your company such as logo, label, or symbol. It is an identification provided to customers in order to recognize the product.
Characteristics of trademark law in India
- Trademark can be a design, symbol, logo, sound, a combination of words used to represent your company.
- Trademark can be restricted to one country that is, if your register your trademark in India and you want to expand your business outside India then you must register your trademark in that country.
- Trademarks are not only designs, logos, symbols but even an individual can get registered as a brand name.
- Trademarks are differentiated from one business to another.
- Trademark is an intangible asset that avoids any infringement.
These are the features of the trademark
Importance of Registering trademark
- Trademarks help customers to differentiate between the products.
- By registering your trademarks, you possess legal rights on your trademark and can sue or get sued in case of any misuse of the same.
- A trademark represents the nature of your product, it helps to achieve more customer satisfaction and also increases goodwill.
- Trademarks are referred to as the intangible asset, so it is useful for selling, franchising your company.
- The costs for trademark registration are minimal and the time taken for the process and renewal is maintainable.
- It also provides you to use the ® symbol at the end after registering your trademark to make sure that nobody uses your brand name.
- It also gives you global recognition of your company.
Eligibility to obtain a Trademark in India
Before registering your trademark don’t forget to check your eligibility criteria provided below,
- An individual who is not involved in any business is eligible to obtain a trademark certificate.
- Proprietorship firms can obtain trademark certificates.
- A partnership firm is eligible for trademark registration.
- Limited liability partnership can register their trademark.
- A public company or private or one-person company can get a trademark certificate.
- Even a foreign company that is incorporated in India can apply for trademark registration.
- And lastly, trusts and societies are also applicable for trademark registration.
So this is the applicability criteria for registration of a trademark
Process of Registration of trademark
Trademarks can be registered easily and it is done under the trademark act 1999, Process of Registration of trademark is easily, let’s see how it can be done
- First of all, you should do a lot of research on trademarks. You should search on the intellectual property website.
- Then you must prepare for application by filling up FORM 48 and TM – 1 along with the signature of the applicant and with attaching necessary documents.
- After the application is submitted, the government will verify your application and if it accepts, they will publish your trademark in the official gazette of the trademark journal for 3 to 6 months.
- Until the license has been issued the company can use TM after its brand name.
- If your application gets rejected then you can again within 30 days from the date of rejection.
- If the trademark is not opposed by any, then the registry of the trademark will issue you the license and this license is valid for 10 years.
- After successfully registering your trademark you are permitted to use ® after your brand name.
- The registry of a trademark takes about 6 to 24 months to complete the registration process and issue a trademark license.
Trademark Registration fees
The Trademark Registration Fees is given below
- The government fees for registering your trademark is,
- ?9000 for the company’s trademark registration.
- ?4500 for individual trademark registration.
- As a trademark certificate is valid for 10 years it can be renewed by filling form TR- R and if you fail to renew you can restore it within 1 year by filing TR – R with the trademark registry office of India.
This was about the registration process for the trademark
Documents Required for Trademark Registration Process
These are the necessary Documents Required for Trademark Registration that should be attached to the application form
- Identity proof of applicant such.
- Pan card.
- Aadhar card.
- Address proof of the business.
- Incorporation certificate.
- Digital signature certificate.
These are the documents required for the Trademark Registration process