What is a Trademark? How to register a trademark in India

Trademark registration facilitates brand recognition for your goods and services. It also creates goodwill associated with the brand. Thus, your brand is recognised as well as carries a market value over time

Documents required for trademark registration

Partnership deed or LLP Incorporation Certificate or Certificate of Incorporation of Company. Identity proof of the Authorised Signatory of the organization. Address proof of the Authorised Signatory of the organization. If you file for trademark registration online, you must have a digital signature certificate (DSC).

Trademark registration cost

Fees for a trademark application: The government fee is Rs.4500 for individuals/startups/ Small Enterprises or Rs.9000 for a Large Entity per mark per class.

Types of trademarks

• Product Mark- A product mark is a mark that is used on a good or a product rather than on a service.
• Service Mark- The service mark is similar to the product mark but a service mark represents a service rather than a product.
• Collective Mark.
• Certification Mark.
• Shape Mark.
• Pattern Mark.
• Sound Mark.

Does GST need for the trademark?

Under the Indian Trademark Act 1999, trademark registration is not required to be subject to GST. However, it is important to note that GST may apply to certain services related to trademark registration, such as GST is applicable from the moment a trademark application is made.

Advantages of Trademark Registration

• Exclusive Usage Rights.
• Builds Goodwill.
• Differentiates Products and Services.
• Ensures Product Quality.
• Helps in the Creation of an Asset.
• Usage of Ⓡ Symbol.
• Protection Against Infringement.
• Protection For Ten Years.

Creation of a trademark logo

How to make sure you have a strong logo design for your trademark.

1. Use a unique image or graphic design rather than something generic.
2. Keep it clean and clear with good use of colour and space.
3. Use easy-to-read typography.
4. Make sure your design represents your brand identity and appeals to your target audience.

Types of trademark registrations

The Indian Trademark Act of 1999 allows for trademark registration in 45 classes. There are 34 classes for products and 11 classes for services. The objective of trademark classes or categories is to divide competition.

Period of trademark registration

The Trade Mark once registered is valid for 10 years. The same can be renewed every 10 years for an indefinite period by paying the prescribed fee on the prescribed form.

Process of filing for Trademark

Registering a trademark in India involves a series of steps. Here’s a general overview of the process:

1. Determine Eligibility:
   • Ensure that your mark is eligible for registration. It should be capable of distinguishing the goods or services of one entity from those of others.
2. Search for Existing Trademarks:
   • Conduct a comprehensive search to check if a similar or identical mark is already registered or applied for. This can be done through the official website of the Trademark Registry in India.
3. Trademark Application Filing:
   • Complete the trademark application form. You can apply online through the official website of the Intellectual Property India (IPI) office or physically at the Trademark Registry.
4. Classify Goods and Services:
   • Classify the goods or services for which you seek registration under the appropriate classes. The international classification system divides goods and services into 45 classes.
5. Trademark Examination:
   • The Trademark Registry will examine your application to ensure it complies with legal requirements. If there are any objections, you will be notified.
6. Publication of the Trademark:
   • If there are no objections or if objections are overcome, the trademark will be published in the Trademark Journal.
7. Opposition Period:
   • After publication, there is a period during which third parties can oppose the registration. If there are no oppositions, or if any oppositions are unsuccessful, the trademark proceeds to registration.
8. Registration Certificate:
   • If there are no oppositions or if oppositions are resolved in your favour, you will receive the registration certificate. This certificate provides legal protection for your trademark.
9. Renewal:
   • Trademarks in India are initially registered for 10 years. You can renew the registration indefinitely by filing the renewal application and paying the renewal fee.
10. Enforcement:

• Once registered, it is your responsibility to enforce your trademark rights. You may take legal action if you find someone infringing on your trademark.

It’s advisable to consult with a trademark attorney or agent in India to guide you through the process, ensure proper compliance, and address any specific concerns related to your trademark. The process may be subject to updates and changes, so it’s crucial to refer to the latest guidelines from the Intellectual Property India office or seek professional advice.