Trademark Registration in India

A trademark is a recognizable sign, phrase, symbol, design, or a combination of these things that identifies products or services from a particular source and distinguishes them from those of others. It is a type of intellectual property that can be used by individuals, business organizations, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The essential function of a trademark is to exclusively identify the source or origin of products or services. It provides legal protection for your brand, helps you guard against counterfeiting and fraud, and prevents others from using a similar logo or brand name. Trademarks can be registered or unregistered, and registration provides broader rights and protections than an unregistered one.

The trademark registration process in India involves several essential steps to protect your brand and ensure legal rights. Here is a step-by-step guide to the trademark registration process in India:

1. Trademark Search: Before initiating the registration process, conduct a trademark search to identify pre-existing trademarks and potential conflicts. You can use the Ministry of Commerce and Industry’s public search for trademarks or hire a trademark agent to perform the search for you.
2. Application Preparation: Prepare a trademark application containing the following information:
   • Logo or the Trademark
   • Name and address of the trademark owner
   • Classification or Trademark Class
   • Trademark used since date
   • Description of the goods or services
3. Application Filing: File the trademark application at one of the five Trademark Registrar Office having jurisdiction. You can file the application online through the setupfiling.in portal or through a trademark agent or lawyer. The official fee for filing an application is 9,000 INR
4. Government Processing: After filing the application, the government will process it. If there are any objections or oppositions filed within 90 days of publication, the mark will typically be registered within 12 weeks. If there are no objections or oppositions, the trademark manuscript and trademark registration certificate will be prepared and sent to the applicant
5. Trademark Registration Certificate: Once the trademark registration certificate is issued, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The ® symbol can now be placed next to the logo or text

The entire trademark registration process in India usually takes between six and 10 months

To select a good trademark, it is essential to choose a mark that is unique, distinctive, and legally strong. Here are some key considerations and tips based on the provided sources:

1. Avoid Generic and Descriptive Words: Select a trademark that is as unique and distinctive as possible. Avoid generic and descriptive words, as they are less likely to be registered and offer limited protection
2. Distinctiveness Matters: The strength or distinctiveness of the mark is crucial. In general, the stronger or more distinctive the mark, the easier it is to register and protect from use by another. Trademarks can be categorized as having different levels of strength or distinctiveness, from strongest to weakest.
3. Easy to Speak, Spell, Read, and Remember: Choose a trademark that is easy to speak, spell, read, and remember. This enhances the mark’s ability to be recognized and remembered by consumers.
4. Avoid Similarity to Well-Known Trademarks: Steer clear of trademarks that are similar to well-known trademarks, as this can lead to legal issues and infringement concerns.
5. Avoid Descriptive and Geographical Marks: Descriptive marks that merely describe the goods or services should be avoided. Additionally, geographical names and marks that contain scandalous or obscene matter should not be adopted.
6. Conduct Clearance Searches: Once you have developed a list of potential trademarks, it is recommended to conduct clearance searches to determine whether other parties are using the same or a confusingly similar mark. This should be done early in the process of choosing a new mark.

By following these guidelines and considering the distinctiveness, memorability, and legal aspects of a trademark, you can select a strong and effective mark that distinguishes your business and is easier to protect and enforce.

These considerations are crucial in ensuring that the selected trademark is distinctive, legally strong, and capable of providing the necessary protection for your brand.

A trade name is the official name under which an individual or company conducts business, while a trademark is a recognizable sign, phrase, symbol, design, or a combination of these things that identifies products or services from a particular source and distinguishes them from those of others. A trade name is used to identify a business entity, while a trademark is used to identify and distinguish the source of goods or services. A trade name is not the same as a trademark, but a trade name may be associated with a trademark. Trademarks offer legal protection for a particular brand, while trade names do not provide such protection. It is important for business owners to understand the difference between trade names and trademarks to establish a brand and protect their intellectual property

Trademark Questionnaire (Information about applicant)
Image of Logo or Device Mark in JPEG (If any)
Trademark Attorney Authorisation (We will draft)
Affidavit (We will draft)
Usership Proof like invoice, Domain Registration etc (if Any)

To check the status of a trademark application in India, you can follow the steps below:

1. Access the Official Intellectual Property India Portal: Visit the official Intellectual Property India portal.
2. Opt for Trademark Application/Registered Mark Option: Once on the portal, choose the Trademark Application/Registered Mark option.
3. Select the National/IRDI Number: From the options available, select the National/IRDI number.
4. Fill in the Application Number and Captcha: Enter the application number and the captcha.
5. View the Application Details and Trademark Application Status: Click “View” to see the application details and the trademark application status.

By following these steps, you can check the status of a trademark application in India. It’s important to periodically check the status of the application, especially during the government processing phase, to stay informed about any objections, oppositions, or the progress of the registration process.

Yes, a trademark can be used without registering in India. Unregistered trademarks in India can be protected under the common law, and there is no mandatory requirement for trademark registration in India for enforcing such common law rights against a violator. However, registering a trademark provides benefits to secure the trademark, and a registered trademark has a statutory right of infringement. An unregistered trademark has no legal protections. Therefore, it is recommended to obtain trademark registration to enjoy the evidential value and incentives provided by the registration. Using the TM symbol without formal registration indicates a claim of ownership over a brand or logo. It provides limited protection and signifies intent to protect your mark, but full legal benefits come with formal trademark registration.

Well-known trademarks in India are marks that are widely recognized by the general public and are associated with popular companies or brands. These trademarks have gained substantial reputation and goodwill and are often synonymous with the products or services they represent. Some examples of well-known trademarks in India include Amul, Coca-Cola, Bisleri, Google, Pepsi, Nestle, McDonald’s, Samsung, LG, Nike, BMW, Mercedes-Benz, Sony, Nokia, and Adidas. Well-known trademarks enjoy broader protection across all classes and locations, even if they are not registered under the Trademark Act. They are valuable assets for their respective owners and provide global recognition and significant commercial value. The process of obtaining the status of a well-known trademark involves presenting substantial evidence of the mark’s reputation, considering factors such as the extent and duration of use, promotion, registrations, and successful enforcement. The criteria for determining a well-known trademark are laid out in Sections 11(6) to 11(9) of the Trademark Act, 1999. Well-known trademarks are protected against infringement and unauthorized use, and their recognition provides various benefits to the trademark owners.

There are various types of trademark application statuses in India, which can be broadly categorized into the following:

1. Formalities Check Pass: The trademark registry checks basic aspects such as uploading the Power of Attorney, translation, and applicant details
2. Marked for Exam: The application is under the scrutiny of the Trade Mark Registry, and an examination report is issued.
3. Objected: An objection has been raised against the application, and the application is pending resolution of the objection.
4. Exam Report Issued: The examination report has been issued, and the application is awaiting the applicant’s response to the examiner’s report.
5. Refused: The application has been refused by the examiner, and the applicant can either accept the refusal or file an appeal against the refusal.
6. Advertised Before Accepted: The application has been advertised in the official gazette, and it is open for opposition.
7. Opposed: An opposition has been filed against the application, and the application is pending resolution of the opposition.
8. Registered: The application has been registered, and the trademark has been granted protection under the Trademark Act, 1999.

These statuses provide information on the progress of a trademark application in India, allowing applicants to track the status of their applications and take appropriate actions as needed.