A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest. A brand registration in india is your business’s intellectual property/ intangible asset. Trademark registration in india protects the investment made into creating trust and loyalty among your customers.
Trademark registration in india provides the right to sue against others who try to copy your trademark and prevents others from using a similar trademark to the one registered by you.
Many aspects of your brand image can be registered as a trademark. The aspect you need to consider to register a trademark online is which aspect of your brand stands out to your customers. Pick that aspect(s) for applying for a trademark in india.
1. Name
a. Product Name: You can register a particular product’s name as a trademark. Apple’s iPod is a product name trademark.
b. Business Name: Registering a company name as a trademark is the most common route businesses take. Ex: Bajaj.
c. Person’s Name/Surname: If your name plays an important part in generating revenue, then you can even trademark your name! Ex: Shah Rukh Khan has trademarked his name.
d. Abbreviations: Abbreviations of a company or brand name can also be a trademark. Ex: BMW.
2. Logo/Symbol
It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of a brand registration in India is the ‘swoosh’ of Nike.
3. Tagline
If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC ‘It's finger lickin' good’.
4. Other Options
a. Colour Mark: Musical notes or sounds can be trademarked via online trademark registration if we can prove that it's distinctive. Nokia has trademarked its tune.
b. Sound Mark: Musical notes or sounds can be trademarked via online trademark registration if we can prove that it's distinctive. Nokia has trademarked its tune.
c. Scent Mark: Even scents can be trademarked in online trademark registration.
Trademark registration is important and necessary for a business because:
There are 45 trademark classes and all the goods and services are categorised across these classes. You need to be very careful while picking the classes as it will determine the validity of your trademark registration for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you can apply for a trademark online under all the applicable classes.
Some of the popular trademark classes in India are:
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.
The online trademark registration process is more complicated than it appears. It involves a number of processes and government follow-up. Vakilsearch has made it easier for you by breaking it down into three parts and doing the majority of the work. Register a trademark today to protect your company's logo, slogan, and brand.
Step 1: Trademark Search
Step 2: Class Selection and Document Collection
Step 3: Trademark Application Filing
Step 4: Trademark Objection (in some cases)
Step 5: Trademark Opposition (in some cases)
There is also a chance for a third party to oppose your application. In that case, you have to submit a counter-statement to the Registrar within 2 months stating why the opposition isn’t valid. Based on your response the Registrar may either dismiss the opposition or call for a hearing.
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.
On the other hand, A trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. A trademark opposition is filed by third parties who feel your trademark could in some way impact them or their own trademark, in writing, in the form of a notice, with the trademark examiner. If the examiner sees any merit to the opposition, they are to forward the notice to the applicant, who is required to send in a counter statement to the Registrar within 2 months.
On the other hand, A trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. A trademark opposition is filed by third parties who feel your trademark could in some way impact them or their own trademark, in writing, in the form of a notice, with the trademark examiner. If the examiner sees any merit to the opposition, they are to forward the notice to the applicant, who is required to send in a counter statement to the Registrar within 2 months.
Initially, you have to provide us with the following details:
The documents required are:
Here is why you should choose Vakilsearch for trademark registration online
The Trademark Registry has classified goods and services under 45 classes. Each class lists a host of goods/services and depending on those you are offering, you need to mention the class(es) on your trademark application. The trademark would be registered and protected under those classes only.
If your trademark is similar to an existing application, it would hurt religious sentiments, contain geographical names, or common words. It would also be rejected if it is likely to confuse.
As soon as you file the application and receive an acknowledgement, you can use the ™ symbol. Once the registration process is complete, you can use the ® symbol.
You can run a simple trademark search easily by clicking here. However, if you are serious about getting your trademark registered, it is advised to get a professional to do thorough trademark research.
If your brand name has already been registered, but under a different class, you're still in luck. Unless the brand is too well known (like McDonald’s or Fiat), your application is likely to be approved.
You can't get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. So there is a way out, but it is best to have a unique name.
It depends entirely on the government's judgement. But if it is unique, it is highly likely that it will be granted.
Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.
It can take anywhere between 6 months to 1 year for your trademark to be approved. However, we can apply and start using the ™ symbol within a few days if we can get all the details and documents at the earliest.
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