In the competitive business world, products are often distinguished by their names and special features that make them unique. From the logo to the music to the packaging, these elements come together to create what we call a brand. In today's digital age, protecting your brand image has never been more important. Whether you are starting a new business, managing an established business, or starting a business journey as an individual, registering an online business is an important step in promoting your products, special and unique services. At IndiaFiles, we understand that in today's market it is important to protect your business objectives and ensure the quality of your products and services. That's why we provide professional service with business practices. Whether you are a start-up business or a solo entrepreneur, our professional team will guide you through the difficult online business registration process. Protect your brand image and protect your intellectual property rights.
According to the Indian Trademark Act 1999 (Section 2 (zb)), a trademark is a distinctive sign that distinguishes a product or service from its competitors in the market. It has many elements such as symbols, designs, instructions or any identifying feature associated with a particular brand. The important thing is that the trademark is available to individuals, companies or legal entities and is available for use by various organizations and individuals.
Registering your trademark is essential for protecting your brand and ensuring its success.
Trademark registration is a strategic investment that safeguards your brand, enhances its value, and ensures protection across the marketplace.
In summary, almost any entity or individual engaged in trade, business, or charitable activities can apply for trademark registration online, ensuring their brand is legally protected.
These types of trademark registrations help businesses protect various aspects of their brand identity in India.
A trademark search is the process of checking existing trademarks to determine if your desired mark is available for registration. It involves searching for exact matches, phonetic similarities, and visually similar marks within the relevant classes to identify potential conflicts. This search can also include common law and international trademarks to ensure comprehensive protection. Conducting a trademark search is crucial to avoid legal disputes, confirm the uniqueness of your mark, and ensure it is eligible for registration.
When registering a trademark, selecting the appropriate trademark class is crucial. Trademark classes categorize goods and services into 45 different classes, with Classes 1-34 covering goods and Classes 35-45 covering services. Here’s how to choose the correct trademark class:
Choosing the correct trademark class is vital for protecting your brand effectively. It ensures that your trademark is registered in the categories that align with your business activities, providing comprehensive legal protection.
When conducting a trademark search, various types of searches can be performed to ensure your desired mark is unique and doesn't infringe on existing trademarks. Here are the main types:
To initiate the online trademark registration process in India, you will need to furnish the following initial details:
In addition to these details, you will be required to submit the following documents to complete the trademark registration online, or even logo trademark registration process:
| Applicant Type | Required Documents |
|---|---|
| Individuals | PAN card, Aadhar card |
| Proprietorship | GST certificate, PAN card, Aadhar card |
| Company | Incorporation certificate, Company PAN card, MSME Certificate (if applicable), Logo (if applicable) |
| Partnership Firms | Partnership deed, Partnership PAN card, MSME registration certificate, Logo (if applicable) |
| Limited Liability Partnerships (LLPs) | LLP deed,Incorporation certificate, LLP PAN card, Logo (if applicable) |
| Trusts | Trust deed, Trust PAN card, Logo (if applicable) |
After completing the trademark search, the next step is filing the trademark registration application with the Trademark Registrar.
The Vienna Classification, also called the Vienna Codification, is an international system that categorizes the figurative elements of trademarks. After filing the trademark registration application, the Trademark Registrar will apply the Vienna classification to the trademark's figurative elements.
After completing the Vienna Codification, the trademark registration application will be assigned to a Trademark Registrar's officer. The officer will assess the application for accuracy and generate a trademark examination report. Based on this report, the officer can accept the application, allow it for trademark journal publication, or raise objections to the registration process.
In the event of objections, the applicant can address the concerns before the Trademark Officer. If the officer finds the justifications satisfactory, the trademark will be approved for publication in the Trademark Journal.
Once the Trademark Registrar accepts the application, the trademark will be published in the Trademark journal. This journal, published weekly, contains details of all trademarks the Registrar receives. Members of the public have the opportunity to raise objections if they believe the trademark registration could harm their interests. If no objections are submitted within 90 days of publication, the trademark will be registered within 12 weeks.
A Trademark Hearing Officer will schedule a hearing if a third party objects to the application. Both the applicant and the opposing party have the chance to present their arguments. Based on the hearings and evidence, the Trademark Hearing Officer will decide whether to accept or reject the application.
In cases where no objections or oppositions are raised, the trademark registration certificate will be prepared and issued. A trademark is officially considered registered when the Trademark Registration Certificate is issued, granting the owner exclusive rights to the mark. For example, a logo trademark registration will be approved if it doesn't receive any objection or opposition.
At this point, the ® symbol can be added to the logo or trademark.
Trademark objections are typically one of the initial stages in the trademark registration process. Instead of outright denial, the Registrar seeks valid reasons or explanations regarding the trademark's registrability.
Trademark opposition occurs when a third party files an objection against registering a trademark. The Registry accepts oppositions from any natural or legal person, including individuals, businesses, partnership firms, and trusts.
After successfully registering your trademark, it remains valid for ten years from the filing date. To ensure the continued protection of your trademark, it is imperative to renew it every ten years.
A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good.
As long as the mark is used in commerce.
Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin
Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these.
A fresh, valuable, and unusual invention is required.
20 years
Right to restrict others from manufacturing, selling, or importing the patented invention.
Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.
A work must be unique, original, and created in a tangible manner.
Author’s life span+ 70 years.
Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.