Why Trademark Registration is Essential

• Legal Protection: Safeguard your brand and prevent others from using similar marks that could confuse consumers or dilute your brand’s value.
• Brand Recognition: Enhance your brand’s credibility and recognition by securing exclusive rights to your trademarks.
• Market Advantage: Strengthen your position in the market by ensuring that your intellectual property is legally protected.
• Legal Recourse: Gain the ability to take legal action against infringement and unauthorized use of your trademark.

Why Is Trademark Registration Important?

Trademark registration in India is crucial as it protects your brand and prevents others from using similar signs. It gives you legal rights to your brand, boosts your brand’s value, and assures customers about the quality of your products or services. It also helps in brand recognition and trust-building among customers.

Trademark Objections

In some cases, the trademark examiner might see certain problems or issues with the registration of a trademark. These issues can be either the filing of an incorrect trademark application form online, incorrect name/details, the usage of deceptive or offensive terms, insufficient information on goods or services, or the existence of an identical or deceptively similar mark.

When an objection is raised, the status on the register will show as ‘Objected’, following which an expertly drafted response will need to be filed after an analysis of the objection itself and with any supporting documents and proofs. Objection response is your opportunity to strengthen the claim over your mark and create urgency.

If the response is accepted, the application will be processed further for brand registration and advertisement in the Trademark Journal. If it is not accepted, or if there are additional clarifications sought by the examiner, there could be a trademark hearing scheduled and this will be communicated to you by a notice.

The process typically takes 2-4 months from when the objection is first raised. Once completed, the chances for approval, while not guaranteed, are much higher.

Trademark Validity

Trademark is valid for 10 years from the date of filing an application once registration certificate issues. However, it has to be renewed every 10 years further for keeping the trademark recognition.

Trademark Classes

The NICE Classification, also known as the International Certification of Products and Services, sets the trademark classes. This system divides trademarks into 45 separate classes, each representing a specific group of products or services.

Some of the popular trademark classes in India are:

• Class 9: which includes computer software and electronics,
• Class 25: which includes clothing,
• Class 35: which includes business management and advertising, and
• Class 41: which includes education and entertainment.

Types of Trademark Registrations in India

Under the Trademark Act of 1999 there are different types of trademark registrations available in India and some of them include:

Pattern Mark

• A Pattern Mark is characterised by a distinctive pattern capable of identifying products or services originating from a specific source, making them discernible from others
• Examples of pattern Mark Include iconic Louis Vuitton checkerboard pattern

Label Trademark

• A label trademark is one which protects the label/packaging of a product and the trade dress of the same to ensure the protection of the entire packaging/label of a product which is unique and distinctive to any business and acts as a recogniser/identifier of a brand
• One of the famous brand who has trademarked their label is Coca Cola ’

3D Trademark

• Three-dimensional trademark is a non-conventional trademark which makes use of the three-dimensional shape of a product or its container to achieve distinction in the marketplace
• It must meet the requirements outlined in u/s 2 (1) (zb), which indicate that in accordance with Section 9 of the Trademarks Act – which outlines that the mark must be visually representable and distinguishable from other goods and services.
• The form of the Zippo lighter, the curve of a Coca-Cola bottle, are some examples of 3D trademarks

Slogan/Tagline

• Trademarked Slogans are creative and distinctive phrases that immediately reminds the consumer of the product
• Trademarked Slogans offers exclusive rights for the brands to use them in their advertising campaigns
• Nike’s ‘Just Do It’ is a perfect example of a slogan trademarked

Device Trademark

• Device trademarks are visual elements that are used to create unique and recognisable representation
• These trademarks have artistic elements such as symbols and a word mark and can be a combination of both.

If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.

Documents Required for Trademark Registration Online India

The following documents should be submitted for trademark registration in India

• Image of the trademark
• Power of Attorney (drafted by us)
• User affidavit (only if prior user of trademark)
• TM-A form (drafted by us)
• Id Proof of the applicant along with Address.

Apart from the documents, to start online trademark registration in India, the following preliminary details must be provided:

• Applicant name: The name of the person, business, or organisation submitting an application to register a trademark
• Business Type: Indicate the kind of business organisation, such as a private limited company, partnership, MSME, startup or sole proprietorship
• Objectives of the Business: Give an overview of your company’s nature of business and operations under the trademark
• Name of Brand/Logo/Slogan: Make sure to specify the name, logo, or slogan you plan to trademark
• Registration Address: Provide the official address of the organisation submitting the trademark application
• Prior User Date: if the Applicant is using the brand name before the date of application of the trademark, provide that along with documents as that makes your case stronger.

Trademark Symbols and Their Uses

In general there are three types of symbols and are used in different cases as explained below:

R SYMBOL

The R symbol indicates that a word, phrase, or logo is a registered trademark for a product or service. It should only be used in the case of registered trademarks and by the owner or licensee. Additionally, it should only be used in countries where a valid trademark registration is held and seperate trademark has to be filed in countries one plan to use the trademark internationally.

™ SYMBOL

The trademark symbol ™ indicates that the trademark has been applied for protection and the Applicant for the trademark claims right over the same and it unregistered as of date.

SM SYMBOL

“SM” stands for service mark, often seen in superscript like this: SM. It functions similarly to the TM symbol, providing notice that rights in the mark are claimed. However, it is used exclusively in connection with services, such as banking or legal services, rather than tangible goods.

Our Trademark Registration Services

1. Trademark Search and Analysis: Conduct comprehensive searches to ensure your proposed trademark is unique and does not conflict with existing registrations.
2. Application Preparation: Prepare and file the trademark application with the relevant authorities, including detailed documentation and descriptions.
3. Filing and Processing: Submit the application and handle all correspondence with the trademark office throughout the registration process.
4. Office Actions and Opposition Handling: Address any office actions or oppositions raised during the examination process and respond appropriately.
5. Trademark Monitoring: Monitor the marketplace for potential infringements and ensure your trademark rights are not being violated.
6. Renewals and Maintenance: Manage the renewal process to keep your trademark registration active and ensure ongoing protection.