What is a Trademark?
A trademark is a type of intellectual property that consists of a recognizable sign, devices, or expression that identifies and distinguishes products or services from other sources. The owner of a trademark can be an individual, a business organization, or any legal entity.
Advantages Of Trademark Registration
Trademark registration is necessary if you want your business to be recognized as distinctive from the others.
Trademark is an indication of the quality of the product.
The registered proprietor of the trade mark has exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark.
It will preserve a trademark for generations.
It gives the ability to establish a right to the trademarked word, logo, and sound, graphic or even colour combination.
It protects the “mark” by preventing similar names from being registered by other businesses operating in the space.
It develops a unique identity that associate the people with the specific brand
On registration of the mark, the R symbol can be used next to the mark to put the public on notice that the mark is a registered trademark and any use of the same will further impose a threat to infringers
Documents Required for Trade Mark Registration
For Individuals and Sole Owners-
Name and Address of the Individual/Proprietor.
JPEG file of your logo in case of filing a logo mark.
A copy of the text you’d want to trademark. If the trademark language is in any language other than Hindi or English, the original text must be accompanied by an English translation and transliteration of all the terms.
Documentation supporting the trademark’s use: If the brand/trademark is already in use, there is a provision to file your application claiming the use of the trademark since the first date of its use. It is mandatory to submit an affidavit stating the date of first use in India (of the trademarked goods or services) prior to trademark registration along with its supporting proof of use.
Registrable Goods and Services: There are various goods and services in the market and the same are divided into trademark classification from Class 1 to Class 45. Class 1 to Class 34 consists of manufactured goods and Class 35 to 45 covers all types of services. While filing your new trademark application it is very importantto file in correct class with appropriate goods or services.
Authority in the Law: An authorization letter must be filed if the original applicant does not submit the application. It’s vital to note that authorization letter requires the authorization of a certain individual, such as a trademark attorney or an agent. It is not possible to get a general authorization in the name of a company other than trademark attorney or a registered trademark agent.
For Partnership Firms and LLP Firms:
Partnership Firm’s Name and its Partners Names: In a partnership company filing a trademark application, all of the partner’s names must be included in the application whereas for an LLP only the firm name can be used as Applicant Name.
Registration of Goods and Services: A detailed list of the items/services for which the registration is sought as per the class applying for.
Use Document: An affidavit stating the date of first use in India must be filed if the goods or services to be trademarked is in use (or has been used) in India prior to registration.
Authority in the Law: For applications submitted through an external agency, anauthorisation letter is required.
Documents for Society:
Registration of Goods and Services: A detailed list of the goods/services for which the registration is sought as per the class applying for as per the classification of goods and services.
Use Document: An affidavit stating the date of first use in India must be filed if the goods or services to be trademarked is in use (or has been used) in India prior to registration.
Authority in the Law: For applications submitted through an external agency, anauthorisation letter is required.
Who can Apply for Trademark Registration?
Anyone who claims to be the trademark owner, whether an individual, a corporation, a proprietor, or a legal organization, can apply. You may file your trademark application within a few days and begin utilizing the “TM” sign. The trademark registry’s formalities might take anything from 5 to 24 months to complete. Once your trademark has been registered, and a registration certificate has been provided, you may use the ® (Registered sign) next to it. A trademark that has been registered is valid for ten years from the date of filing and can be renewed one year prior to the date of expiry in India.
