Trademark Registration Online

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Trademark Registration

In the competitive field of business, a product brand name and unique selling points are often what make it stand out. These components—which might include everything from packaging design to ads and logos—combine to form that is known as a trademark. Protecting your brand identification has become much more important in the current digital world. Trademark registration is still an essential step to ensure the exclusivity and uniqueness of your goods and services, whether you are starting a new company, running an existing one, or going it alone.

At Businessregistro, we recognize how critical it is to preserve the integrity of your brand and guarantee the uniqueness of your goods and services in the competitive marketplace of today. For this reason, we provide professional help with trademark applications. Whether you're a dynamic startup, an established business, or an individual entrepreneur, our dedicated team is here to guide you through the intricate trademark registration process.

Let Businessregistro be your trusted partner in securing your brand's identity and protecting your intellectual property.

What is a Trademark?

According to Section 2(zb) of the Indian Trademarks Act of 1999, a trademark is a distinguishing mark that sets goods or services apart from those of rival companies in the market. It includes a wide range of components, including designs, emotions, symbols, and any distinguishable characteristic associated with a particular brand. It is remarkable that trademarks are obtainable by a wide range of organizations and individuals due to their openness for ownership by individuals, corporations, or legal entities.

What Justifies Registering a Trademark?

Your rights to use the mark in connection with your products or services are safeguarded by trademark registration. It provides a strong defense against infringement and gives you the ability to take on anyone using your trademark without authorization. After a trademark is successfully registered, it can be renewed indefinitely and is valid for ten years from the date of filing.

Who can Apply for Trademark Registration?

A broad range of organizations and people are eligible to register a trademark, including:

  • People
  • co-owners of a business
  • proprietorship businesses
  • Partnership companies (up to ten partners)
  • Partnerships with Limited Liability (LLPs)
  • Indian businesses
  • International businesses
  • Assurances
  • Communities

This openness guarantees that different companies and organizations can protect their brand identities by registering trademarks.

Why Is Trademark Registration Important?

Trademark registration in India is critical for protecting your brand and preventing others from using similar signs. It grants you legal rights to your brand, increases its worth, and reassures buyers about the quality of your products or services. It also helps to increase brand recognition and customer trust.

Types of Trademark Registrations in India

Different trademark registrations are made in India for a variety of reasons, all with the goal of giving customers the ability to identify goods and services linked to certain producers or suppliers. Here, we examine the many types of trademark registrations that are accessible:

  • Product Mark

    This kind of trademark is applied to commodities or products to help identify where they came from and protect a business's reputation. Since they relate to tangible goods, trademark applications under classes 1-34 are usually categorized as product marks.

  • Service Mark

    A service mark, like a product mark, identifies services rather than tangible objects. Service marks are largely used to distinguish specific service providers from one another. Trademark applications in classes 35-45 are frequently viewed as service marks relating to service offers.

  • Collective Mark

    A collective brand communicates distinctive features of products or services associated with a particular group. It enables individuals or organizations to protect and represent goods and services collectively. The trademark holder could be an association, a public institution, or a Section 8 corporation.

  • Certification Mark

    These marks are issued by the owner to signify a product's origin, composition, quality, or other relevant information. Certification marks create product standards and ensure that the product satisfies specified quality norms. They are widely used in packaged goods, toys, and electronics.

  • Shape Mark

    Shape marks are used to secure a product's characteristic shape, allowing buyers to easily identify it as coming from a single manufacturer. Registration is based on the shape being considered distinctive.

  • Pattern Mark

    Pattern markings are used to identify objects with distinctive, custom-designed patterns. To be eligible for registration, these patterns must be distinct and recognized.

  • Sound Mark

    Sound marks are distinctive noises related with a supplier's products or services. Sound logos, sometimes known as audio mnemonics, are frequently heard at the beginning and finish of ads. In India, an example is the IPL theme song.

These many types of trademark registrations give businesses and entities the freedom to protect their brand identification based on their distinctive services and market position.

Choosing the appropriate trademark class

Trademark classes are an important component of the registration procedure since they divide goods and services into 45 unique categories. The precise selection of the appropriate class is critical since it impacts the validity of your trademark registration for your company's goods or services. If your organization operates across numerous sectors falling under distinct classes, it's vital.

In India, some commonly chosen trademark classes include:

  • Class 9:

    Encompassing computer software and electronics

  • Class 25:

    Covering clothing

  • Class 35:

    About business management and advertising

  • Class 41:

    Related to education and entertainment

Trademark search

Before filing a trademark, a thorough trademark search is essential. This stage is essential for ensuring your brand's integrity and exclusivity. An online trademark search comprises providing the brand name and relevant class for review. This careful search helps to uncover pre-existing trademarks in the market, allowing for the assessment of potential conflicts and, finally, assuring the protection of your brand. Businessregistro offers online trademark search tools and support to help you navigate this important procedure and make informed decisions about your trademark registration.

Required Documents and Details for Online Trademark Registration

To begin the online trademark registration procedure in India, you will need to provide the following preliminary information:

  • Applicant's Name: The name of the person, company, or entity filing for trademark registration.

  • Business Type: Indicate the type of business entity, such as sole proprietorship, partnership, or private limited company.

  • Business Objectives: Please provide a brief description of your company's objectives or operations.

  • Brand/Logo/Slogan Name: Clearly state the name, logo, or slogan you seek to trademark.

  • Registration Address: Please include the official address of the entity asking for the trademark.

Trademark Symbols and Their Uses

In general there are three types of symbols and are used in different cases as explained below:

  • R SYMBOL

    The R sign denotes that the trademark is registered and cannot be copied. This provides the highest level of protection for a registered brand. Simply said, once the R symbol is awarded to a trademark, it cannot be reused anywhere.

  • ™ SYMBOL

    This symbol is used while waiting for the Registrar to review your application. This symbol prevents others from using the mark by saying that you are claiming ownership to it. The user may also gain common law trademark rights by employing the TM symbol.

  • SM SYMBOL

    The SM symbol indicates a service mark. Its objective is to communicate the validation of rights in the mark, particularly in relation to services such as banking or legal services, rather than physical items. Similar to the TM symbol, having an SM symbol does not guarantee legal protection for the owner's mark under trademark rules. Furthermore, a service mark's registration status has no bearing on the right to use the SM symbol.

Trademark vs Copyright vs Patent

SN. Trademark Patent Copyright
1 What’s protected Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another. Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these.
2 Requirements for protection A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. A fresh, valuable, and unusual invention is required.
3 Term of protection As long as the mark is used in commerce. 20 years
4 Rights Granted Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin. Right to restrict others from manufacturing, selling, or importing the patented invention.

Documents Required for Trademark Registration

  • Incorporation Certificate

    If the trademark is registered under a company or LLP.

  • Partnership Deed

    If the trademark is registered under a partnership firm.

  • PAN Card

    Of the authorised signatory.

  • Aadhar Card

    Of the authorised signatory.

  • Form-48 Signed

    E-sign by using Aadhar authentication from E-sign Desk.

  • Logo

    Please upload the logo in black and white to ensure all colors of the trademark are covered under the registration.

  • MSME Certificate

Trademark Registration FAQ's

A trademark is a distinguishing symbol that differentiates a product or service from competitors. It may comprise symbols, designs, expressions, or distinguishing characteristics linked with a certain brand.

Trademark registration preserves your right to use the mark and enables legal action in the event of an infringement. It is valid for ten years, with the option of renewing forever.

Individuals, corporations, proprietorship firms, partnerships, LLPs, Indian and foreign companies, trusts, and societies are all eligible to register a trademark.

India provides a variety of trademark registration options, including product marks, service marks, collective markings, certification marks, form marks, pattern marks, and sound marks.

Choose the proper class to categorize your goods or services. Common classes include Class 9 (software and technology), Class 25 (clothing), Class 35 (business management), and Class 41 (education). Our experts can assist you in selecting the appropriate trademark class.

A trademark search ensures your brand's uniqueness and exclusivity by discovering existing trademarks in the market. Businessregistro gives tools and assistance with this search.

Initial information includes the applicant's name, business kind, business objectives, brand/logo/slogan name, and registration address.

Documentation requirements differ depending on the applicant category. Common documents include the PAN card, Aadhar card, GST certificate, incorporation certificate, and partnership deed.

  • Trademark Search
  • Class Selection, and Document Preparation
  • Trademark Application Filing
  • Vienna Codification Process
  • Trademark Examination
  • Trademark Journal Publication
  • Trademark Objection or Opposition (if appropriate)
  • Trademark Hearing
  • Trademark Registration

Accepted trademarks are published in the Trademark Journal, where the public can file objections. If no objections are raised within 90 days, the trademark is registered in 12 weeks.

A third party may file an objection to trademark registration if it harms their interests. Both parties can present arguments, and a Trademark Hearing Officer decides.

If no objections are raised, the trademark document and registration certificate are prepared and issued, granting exclusive rights to the owner.

Trademarks must be renewed every ten years to maintain their protection.

Yes, once the trademark application is submitted, you can use the TM symbol to indicate that you have applied for trademark registration.

Businessregistro provides post-registration services such as trademark renewal, assignment, licensing, and other related services.

As soon as you file the application and receive an acknowledgement, you can use the ™ symbol. Once the registration process is complete, you can use the ® symbol.