TRADEMARK REGISTRATION

INTRODUCTION

Trademark Registration: Trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound, or even fragrance (not in India); nevertheless, most companies are only interested in registering their brand name or logo. Trademark owners have exclusive rights to use their marks in the categories in which they are registered (there are a total of 45 categories, called classes). According to some laws, Trademark is considered a form of property.

Owners of trademarks can easily establish their title to the trademark in court and earn royalties if they register it. It also deters piracy and prohibits other businesses from registering similar company names. You can do a trademark search to see if your brand name is similar to one that already exists. You can get a TM in India in three days, but it can take up to two years to get it registered so you can use the ® sign.

A trademark is a sort of intellectual property that consists of a recognizable sign, design, or statement that distinguishes a particular source's products or services from those of others. Despite the fact that trademarks used to indicate services are commonly referred to as service marks. An individual, business organization or legal entity can be an owner of a Trademark. Trademark may carry the following symbols:

1. ™ Trademark symbol used for an unregistered trademark.
2. ℠ Servicemark is used to promote brand service.
3. ® Trademark used for a registered trademark.

TYPES OF TRADEMARK

Trademark is divided into two categories which are as follows

1. General trademark - General trademark is further divided into the following types
   • Generic Mark
   • Suggestive Mark
   • Descriptive Mark
   • Arbitrary Mark
   • Fanciful Mark
2. Specific Trademark - Again specific trademark has the following types
   • Service Mark
   • Certification Mark
   • Collective Mark
   • Trade Dress
   • Trade Name
   • House Mark
   • Family of Marks
   • Sound Mark
   • Pattern Mark
   • Position Mark
   • Hologram Mark
   • Multimedia Mark
   • Motion Mark
   • Logotype

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION

1. Address proof and ID proof of the Individual or Proprietor in case of sole proprietor
2. Udyog Aadhar Registration Certificate
3. Copy of logo optional
4. Signed form-48
5. Partnership deed or Incorporation deed
6. Address proof and ID proof of signatory in case of partnership/company/LLP
7. PAN & Passport

PROCEDURE FOR TRADEMARK REGISTRATION

1. Choose Trademark - Trademark registration starts with the selection of the trademark; decide what trademark you will use; it must be a unique sign which will identify your goods or services. After choosing the trademark sign, do a search whether a chosen mark is similar to a registered trademark. This can be checked with the help of the online website of the controller general of patents, designs and trademarks.


2. Submit Application Online/offline - Submit application with required documents both online as well as offline.


3. Document verification - After filling the application, The Government officials will process and verify the trademark application and documents. If there is any objection, the applicant must submit it within 30 days.


4. Grant of Trademark - At last, a trademark is granted.

Sample of a Grant Certificate for Trademark

TIMELINE

2-3 Days