In 2022 – 23, 466580 applications were filed for the registered trademark symbol. This accounts for a significant increase from the 447805 applications filed during 2021-22.
The inference is that a number of businesses in India understand the importance of boosting brand value with a unique design that represents their image.
Trademark and Trademark Registration
A unique symbol that acts as a visual identifier for your brand or service, can be registered with the government to serve as the identity or brand image for your company. This particular design becomes exclusive to your brand and serves as the registered trademark.
Being intellectual property, these are valid for up to 10 years, beyond which you need to apply for a trademark renewal. A registered trademark prevents others (both people and brands) from copying or misrepresenting your brand and company.
Why opt for a Trademark Registration?
Having a Registered Trademark (®) protects the identity of your brand and prevents unauthorized use. It also allows your brand image to enjoy legal protection from infringement and misrepresentation.
Who can ask for a Trademark Registration?
To register a trademark, any of the following can apply:
- A person
- An association of persons
- Trusts
- Proprietorships
- Societies
- An incorporated body
- Partnership firms
- Limited Liability Companies (LLC)
- Hindu Undivided Family (HUF)
Steps to Apply for a Trademark Registration
Being a “First to Use” country when it comes to trademark registration, it is important to apply early to avoid any third-party infringement issues in India. Hence, it is best to get the trademark registered as soon as you conceptualize the business.
Apply for the trademark registration with the help of a trademark agent or facilitator, using the following simple steps:
Trademark Search and Classification
To file for a trademark in India, the Place of Business must be located in India. Check the national database for any similar or identical trademark designs. Then you need to determine the category that it falls under as per the NICE Classification System.
If found to be similar to an existing design, the application can make changes prior to filing for the trademark registration.
Filing the Application
Once the above are done, it is time to get started on your application. Be sure to provide the following:
- The trademark design
- Name and address of the owner
- Form TM-48 (if using an agent)
- An affidavit (for prior use)
- Date of first use
- Trademark Class (whether product or service and its type)
- Details of the product or service
- Aadhaar Card (if applied by a person)
- Company’s details
- Incorporation Certificate
- PAN
- MSME Certificate
Paying the fees
To file the trademark registration application successfully, pay the mentioned fee. This will include facilitation charges, the cost of processing, the cost of conducting the verification (examination), and more.
Application Allotment
After the application is filed, a serial (allotment) number is allotted within 1-2 working days.
Vienna Codification
This step checks if the design is violating any existing registered trademarks.
Trademark Examination
Once the Vienna Codification is done, the application is sent to an officer who verifies the validity of the application and the correctness of each data submitted. Any objections raised and clarifications sought will be addressed at this stage.
An adequate response must be given within 30 days with appropriate supporting data and papers to clarify any doubts. The officer will call for a show cause hearing if he’s unsatisfied to resolve any issues. The applicant may also have to appeal to the Intellectual Property Appellate Board if needed.
Journal Publication
On receiving an approval from the trademark officer, the design is published in the Trademark Journal. At this point, the symbol or design is subject to public review.
People who find any infringement or have an objection to the design have a 90 day window to file an appeal. In case of an objection being filed, the trademark officer will summon both you and the opposing entity to present your cases.
Getting the Certification
If there are no such appeals or the decision is in favour of the applicant, the design is awarded a registered trademark. This allows you to mention the ® next your brand’s logo which in turn boosts your brand image.
This certificate remains valid for the next 10 years. If you want to continue using the logo along with the ® sign post this date, you will have to file for a renewal.
What to do once the trademark registration is done
Once you have your trademark registration, it is valid for the next 10 years. Beyond this, you will have to apply for a trademark renewal.
Other than using it to boost your brand value and authenticity, you can enjoy the legal benefits associated with it. However, it is important to keep an eye out for other similar designs that can confuse your targeted clients.
You may oppose the registration of identical or similar designs. Further, if you do not file for a renewal after 10 years, your design will go to the public domain and can be adopted by anyone. Thus, opt for a trademark renewal once it reaches the 10 year period.
To conclude
With changes implemented by the Indian government, the trademark registration process is fairly streamlined and easy to approach. However, it may involve several nuances such as documents, clarifications, and appearing before the Trademark officer and the Intellectual Property Appellate Board.
Being unaware of the legal procedures can be a hassle. For a simplified process, you may opt for the services of an agent or facilitator.
Apply for a trademark registration and enjoy the benefits of having a unique brand identity.
Our dedicated team gathers information from all the reliable sources to make the law accessible and understandable for everyone. We provide the latest legal news stories from across the country, delivered straight to you.