A trademark is a unique mark or sign that represents a business, and it is used to distinctively identify a company from another and build its credibility among consumers. If one does not register its tm, brand name, logo, punchline etc., then an imitator cannot be stopped from confusing the public by using the same or similarly deceptive name or mark, which may result in financial and economic loss to the business in the long-term.
We always advise our clients to recognise all the IP Rights in form of trademark and register every Mark, Brand Name, Label, Product Name, Logo, Punchline and the Domain Names as the tm in India for an effective remedy in case of misuse by any other person.
The most important tm is your Business Name, You must protect it immediately before someone else steals it.
The products of business are known by its independent name. It may be a word mark or a device mark (image).
The logo is the image, artwork or emblems of your business. For Logo Registration, submit a high-resolution JPEG Image.
Punchline or Slogan, like "Ye Dil Mange More" of Pepsi, can be protected by registering the tm registration in India.
Every business has several IPR such as Brand Registration, logo, punchline, name of brands, domain name, product label, etc. However, such marks may not be eligible for registration as a tm. Hence the first step should be to identify Brand Registration that qualify for registration under section 9 and 11 of the Trademark Act, 1999, which prescribes for relative or absolute grounds of refusal of the tm.
After the identification of the marks of business, the next is to see if these marks are unique, and it should not conflict with someone else existing TM or business name. Carry out a comprehensive search in the register of trademark, which is available online to find out if any same or similar marks have already been either registered or pending registration.
There are 45 classes in which a Brand can be registered based on the activities for which the mark to be used, The Classes 1 to 34 pertains to goods whereas the classes 35 to 45 is for the service activities. One Brand may be used for several business activities and may fall under more than one category of the trademark. We recommend that applications for trademark must be filed in all such classes where even part of the activities relates.
The list of documents required for filing a brand application is provided in the documentation section on this page. Generally, authorisation to the tm attorney, an affidavit in support of the user date as to be claimed in the application, is required. These documents are to be made on non-judicial stamp paper, which is further notarised. We shall support you in drafting the same, and for that purpose, the information may be given to us in the questionnaire.
We file the Brand Registration Application within 24 hours of documentation and full payment. The filing is done in an online environment, and in most cases, the acknowledgment of Brand Registration filing is generated immediately. The applicant can use TM over the tm after the generation of filing receipt acknowledgment.
After the application is filed, it is scrutinized for defects, if any, and based on the assessment the ™ office marks the application for further examination or declares the filing a pre scrutiny fail application, these kinds of errors are then required to be removed.
The trademark application is then examined by an examiner of the trademark to see if the trademark is eligible for registration or not, after the examination of the trademark application is complete an examination report is issued with observations of the examiner.
The examination report issued as per the previous step must be replied within a period of 30 days from the date of the issue of the examination report. The reply to the examiner report is significant drafting, which makes or breaks the brand application. We urge applicants to assist us by providing maximum possible information and documents for the preparation of a reply to the Examination Report.
In most of the cases, the examiner may get satisfied after receipt of the written reply to the examination report. However, before any adverse disposal of the application an opportunity of personal hearing is granted to the applicant, this stage is known as show cause hearing.
When the examiner is satisfied with the eligibility of trademark either at the stage of examination or show cause hearing, the Trademark application is published in the trademark journal. Any person may oppose the registration of the trademark, and in case no opposition is received within 90 days, the Brand gets registered.
Finally, after the registration of the trademark, a certificate of registration is issued by the registrar of trademarks. The registration certificate is valid for a period of 10 years from the date of making the application. The registration of the brand may be renewed for another term of 10 years for any number of years.