Since 2008, India has had more than 120,000 industrial trademarks filed. With the country’s economy predicted to grow by 6.5% in 2024, this number is set to rise further.
One essential tool in your company’s marketing toolbox is a trade mark search. Through this process, you can find and learn about trademarks that are currently in use in the market. Additionally, it assists you in determining whether someone is trying to register a trademark that may violate your brand name or other identifiers associated with your business.
What is Trademark?
A trademark is a special symbol, word, or phrase that is used to identify and set one company’s goods and services apart from rivals’ offerings. When you register a trademark, you give yourself the only authority to use it in connection with your company and stop other people from using it without your consent.
Also Read:- Benefits of Trade License
Why Trademark Registration Important?
In India, trademark registration is crucial for several reasons. First of all, it gives you legal protection from infringement, enabling you to sue anyone attempting to use your mark without your permission.
A registered trademark can also boost the value and credibility of your brand, providing you with a competitive advantage in the marketplace.
How to Apply for a Trademark in India?
Here is the simple 5 step protocol for submitting a trademark application in India:
Step 1: Look up trademarks online
It is essential to perform a trademark search to make sure your chosen mark is not already in use before applying for tm registration in India. By taking this step, you will be able to steer clear of any trademark conflicts and improve the chances that your application will be accepted.
Step 2: Get the application ready and submit it
You can proceed to prepare and file the trademark application with the Indian Trademark Office after conducting a trademark search. Information like the applicant’s name, address, and a picture of the mark must be included in the application.
Step 3: Review and Dissemination
The Indian Trademark Office will review the application upon filing to make sure all applicable regulations are followed. The application will be published in the Trademark Journal for public review if all requirements are satisfied.
Step 4: The Time of Opposition
There’s a four-month opposition period after publication where other parties can contest your trademark registration. The registration of your trademark will proceed if no objections are voiced.
Also Read:- What is Factory License?
Step 5: Enrollment and Extension
The Indian Trademark Office will issue a registration certificate upon approval of your trademark application and the absence of opposition. In India, a trademark registration is good for ten years and is renewable indefinitely.
Key Considerations for Trademark Availability
A few key considerations should be made during the search for a trade mark :
- Legal Authority: Make sure you are searching for trademarks in the appropriate legal jurisdiction. The Indian Trademark Registry is the official government body in India tasked with trademark and copyright registration. It is advisable to trademark check with the appropriate authorities of any other country if you are also applying for a trademark there.
- Type of Trademark: Choose the kind of trademark you want to look for. Is it another kind of identification, a word, a symbol, or a design? It’s important to know what kind of trademark you have before starting your search.
Also Read:- A DIY Guide to Get Your Business License in India
- Distinguish Between Services and Goods: When performing trademark searches, take into account the distinctions between goods and services. Certain trademarks are only applicable to particular categories of products (like “Jaguar” for cars) while other trademarks are better suited for services (like “Bose” for headphones).
- Information Necessary for Application: When applying for trademark registration, make sure you include all relevant information. This usually consists of the applicant’s complete name, address, and application date.
What is the Difference Between Trademark, Patent & Copyright?
| Trademark | Patent | Copyright | |
| Process | Protects brand names, logos, slogans, and other symbols that distinguish goods or services. | Protects new inventions, processes, or technical solutions. | Protects original works of authorship, such as literature, music, and art. |
| What it covers | Any word, phrase, symbol, design, or combination thereof that identifies and distinguishes the source of goods or services. | Inventions that are new, useful, and non-obvious, including products, processes, machines, or compositions of matter. | Literary works, music, films, paintings, software, and other artistic creations. |
| Duration | Trademarks can last indefinitely as long as they are in use and properly maintained (renewal every 10 years in many jurisdictions). | Typically lasts 20 years from the filing date, after which the invention enters the public domain. | Lasts the life of the author plus 70 years (in many jurisdictions), though it can vary. |
| Example | The Nike “swoosh” logo, the phrase “Just Do It.” | The design and technology behind the first iPhone, a pharmaceutical drug formula. | A novel, a song, a movie script. |
What is the difference between trademark and registered trademark?
The difference between a trademark and a registered trademark lies in the legal status and the level of protection they offer:
| Trademark | Registered Trademark |
| A trademark is any symbol, name, logo, slogan, or other mark that distinguishes the goods or services of a business. However, until it is registered with the relevant trademark office, it is considered an unregistered trademark. | A registered trademark is a trademark that has been formally registered with the relevant trademark office (e.g., the Trademark Registry in India). Registration provides official recognition and legal protection to the mark. |
| An unregistered trademark can still offer some level of protection under common law (in some countries), but this protection is limited and generally only applies in the geographic area where the trademark is being actively used. | A registered trademark offers stronger legal protection, including nationwide rights to the trademark, and it allows the owner to take legal action against others who use the mark without permission. It also provides a presumption of ownership and validity in legal disputes. |
| Often represented by the ™ symbol (though not mandatory), which indicates that the mark is being claimed as a trademark, but it has not yet been registered. | Represented by the ® symbol, which signifies that the trademark has been officially registered. |
Key Takeaway
To sum up, any company wishing to safeguard its name and intellectual property rights must register a trademark in India. You can guarantee legal protection against infringement and acquire exclusive rights to your mark by following the instructions provided in this guide. Don’t put off protecting your brand any longer; register a trademark in India right now.
FAQs
- Which documents must be submitted to register a trademark in India?
If the trademark is being filed by an authorized person on behalf of the applicant, you will also need to submit proof of the applicant’s identity and address, such as a copy of the applicant’s driving license, passport, or Aadhar card.
- Is it possible for foreigners to register trademarks in India?
Foreigners can indeed register trademarks in India. India adheres to the “national treatment” principle, which grants foreigners the same rights to trademark registration as does Indian nationality.
- What happens if my registered trademark in India is violated by someone?
You have the right to take legal action, such as suing for trademark infringement or issuing cease and desist letters if someone uses a mark that is confusingly similar to your registered mark.
4. What is register trade mark?
Any symbol, name, logo, number, slogan, 3D shape, or even things like sounds, smells, or colors can be registered as a trademark if it can be shown visually and helps set apart the goods or services of one business from others.
5. What is trademark registration cost?
The cost of trademark registration in India can vary depending on several factors, such as the type of applicant (individual, small enterprise, startup, or others) and whether you file online or offline. Here’s a general breakdown:
1. For Individuals, Startups, and Small Enterprises:
- Online Filing: ₹4,500 per class
- Offline Filing: ₹5,000 per class
2. For Others (Companies and Large Enterprises):
- Online Filing: ₹9,000 per class
- Offline Filing: ₹10,000 per class
Additional Costs:
- Professional Fees: If you hire a lawyer or trademark agent to handle the registration, their fees will be additional.
- Opposition/Objections: If your trademark faces opposition or objections, there might be additional legal costs.