Trademark Registration in India

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What is a Trademark?

In simple terms, trademark is essentially a brand name. It represents the goodwill of a brand and its association with particular goods and services in the eyes of a consumer.

A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish its goods or services from other similar goods or services originating from a different business. It is used to distinguish the owners’ products or services from those of its competitors.

Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and provide the trademark owner the right to sue for damages when infringements of trademarks occur.

Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply.

What is a Trademark Registration?

To get the protection of trademark rights one has to register the trademark. Registered trademarks are intellectual property for business, they are used to safeguard the company’s investment in the brand or symbol.

A trademark registration gives an exclusive right: no one else has the right to use the trademark for their products or services, or in their marketing.

A trademarks are not registrable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.

The process of trademark registration in India is convenient such that you can trademark any one of the below things or even a combination of the following such as: letter,word,number,phrase,graphics,logo,sound mark,smell or a mix of colors.

How to Register a Trademark:

Registration of a trademark is done by the registry of the trademarks. The steps involved in getting your trademark registered in India are:

Step 1:  The selection of a trademark

Step 2: Determination of the eligibility and availability of the trademark

Step 3: Trademark application submission

Step 4: Review by the trademark office

Step 5: Trademark examination

Step 6: Trademark journal publication

Step 7: Trademark registration

Documents needed for Trademark Registration:

While filing for the trademark registration, the documents you require to provide are as follows:

  • Proof of Applicant
  • PAN Card and Address Proof of Applicant
  • Certificate of registration (other than an Individual applicant)
  • Brand Name & Logo
  • User Affidavit
  • Proof of TM Use
  • MSME / Start-up Recognition
  • Signed Form TM – 48

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Note: This Post was last updated on October 24, 2020

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Sunita

Founder & Director | COO & CHRO at eTaxFinance | Content Writer at eTaxFinance Blog | Department Head for Intellectual Property & Startup Team | Head-Corporate Strategy and Planning