A trademark is a unique sign, logo, word, phrase, or design that distinguishes a business’s goods or services from others. In India, laws pertaining to trademarks are governed by the Trade Marks Act of 1999. They are regulated by the Controller General of Patents, Designs, and Trade Marks under the Ministry of Commerce and Industry. Registration of a trademark is not mandatory under the Trademark Act of 1999, but registering a trademark is suitable for businesses that are looking to establish a strong market presence. It provides legal ownership and exclusive rights, ensuring that no other entity or third person can use a similar mark for identical or related products or services. A registered trademark is a precious asset that helps reinforce brand identity and consumer trust. A registered trademark helps prevent competitors from taking undue advantage. This Blog provides an in-depth look at the essential requirements, processes, and benefits of trademark registration in India.
What is a Trademark?
A trademark is a sign, symbol, or phrase that helps identify the products or services of a particular brand. It helps differentiate its products or services from those of the rest of the company and its competitors. A strong trademark helps establish brand identity and trust among consumers. In India, trademarks can include:
- Words (e.g., Coca-Cola, Tata, Nike)
- Logos and symbols (e.g., Apple logo, Adidas three stripes)
- Shapes (e.g., Coca-Cola bottle shape)
- Sounds (e.g., the Nokia tune)
- Colours (e.g., the distinctive blue of Tiffany & Co.)
Types of Trademarks That Can Be Registered in India
In India, different types of trademarks can be registered depending on their purpose and nature:
- Word Marks: Brand names consisting of words or letters (e.g., Samsung, Google).
- Device Marks: Logos or images that represent a brand.
- Service Marks: Trademarks used for service-based businesses.
- Collective Marks: Used by a group or association (e.g., Chartered Accountant logo).
- Certification Marks: These are given to goods that meet specific quality standards.
- Shape Marks: It is a type of trademark that protects a product’s unique three-dimensional shape.
- Sound Marks: Sounds associated with a brand, such as Intel’s jingle.
- Colour Marks: Specific colour combinations linked to a brand.
Benefits of Trademark Registration
Registering a trademark provides several advantages:
- Exclusive Rights: Trademark registration gives the owner the exclusive right to use the mark and prevents others from using a similar or identical trademark.
- Brand Recognition and Trust: A registered trademark improves brand recognition and builds consumer trust. Customers associate trademarks with emotions and quality, which strengthens brand loyalty and reputation over time.
- Legal Protection Against Infringement: Trademark registration offers strong legal protection to the owner against infringement. If anyone uses a registered trademark without the owner’s permission, the owner has all rights and means to take legal action against infringement to ensure business integrity.
- Asset Value and Business Growth: A trademark is a valuable intangible asset that increases its value over time. It can be sold, licensed, or franchised. By doing this, the trademark owner can generate additional revenue streams and expand business opportunities.
- Market Advantage: A registered trademark gives businesses a competitive edge to the owner by prohibiting others and competitors from using similar branding, reducing the risk of confusion among consumers.
- Global Protection: With a registered trademark in India, businesses can apply for international trademark registration under the Madrid Protocol. The international trademark registration shall ensure that the trademark is protected in multiple countries.
- Ease of Business Expansion: Trademark registration simplifies business expansion into new markets. A recognised and protected brand name makes it easier to attract partnerships, investors, and customers.
Eligibility for Trademark Registration
The following can apply for trademark registration in India:
- Individuals: A person planning to use a unique mark for their business.
- Companies: Private Limited Companies, LLPs, public companies, or one-person companies can apply for Trademark Registration in India.
- Partnership Firms: Partnerships with a maximum of 10 partners can register their business name or brand.
- Sole Proprietorships: Business owners can protect their trade names.
- Trusts and NGOs: Organizations engaged in the distribution of goods or services.
- Foreign Companies
Requirements for Trademark Registration in India
To register a trademark in India, you need to follow the following eligibility criteria:
1. Choose a unique Trademark:
The trademark should be unique and distinct and not resemble existing trademarks.
- Avoid generic, descriptive, or misleading names.
- Conduct a trademark search to ensure uniqueness.
2. Documents Required:
- Applicant’s Details: Name, address, nationality, Aadhar Card, PAN Card, and business structure.
- Trademark Representation: A clear depiction of the mark.
- Description of Goods/Services: As per the Nice Classification (45 Classes).
- Power of Attorney (Form TM-48): If the trademark application is filed through an agent.
- User Affidavit: If the trademark has been in prior use.
- Business Proof: such as a Certificate of Incorporation for companies, partnership deed, etc.
- Aadhaar/PAN of the applicant.
- Fee Payment Receipt: It varies on the basis of different identity.
- Translation of non-English words if the trademark contains foreign words.
3. Trademark Classes for Goods (Class 1-34)
These cover products and physical goods.
- Class 1 – Chemicals used in industry and science
- Class 2 – Paints, varnishes, lacquers
- Class 3 – Cosmetics, cleaning products
- Class 4 – Industrial oils and fuels
- Class 5 – Pharmaceuticals, medical products
- Class 6 – Metal goods
- Class 7 – Machines and machine tools
- Class 8 – Hand tools and implements
- Class 9 – Electrical & scientific apparatus (software, computers, cameras)
- Class 10 – Medical and surgical instruments
- Class 11 – Lighting, heating, and cooking appliances
- Class 12 – Vehicles and transportation equipment
- Class 13 – Firearms and explosives
- Class 14 – Jewellery, watches
- Class 15 – Musical instruments
- Class 16 – Paper goods, printed materials
- Class 17 – Rubber, plastic, insulation materials
- Class 18 – Leather goods, bags, wallets
- Class 19 – Building materials
- Class 20 – Furniture, mirrors
- Class 21 – Household and kitchen utensils
- Class 22 – Ropes, nets, tents
- Class 23 – Yarns and threads
- Class 24 – Textiles and fabrics
- Class 25 – Clothing, footwear, headgear
- Class 26 – Lace, ribbons, embroidery
- Class 27 – Carpets, rugs
- Class 28 – Toys, games, sporting goods
- Class 29 – Meat, fish, dairy products
- Class 30 – Coffee, tea, confectionery
- Class 31 – Agricultural products, plants, fresh fruits
- Class 32 – Beverages (non-alcoholic)
- Class 33 – Alcoholic beverages
- Class 34 – Tobacco, smoking products
4. Trademark Classes for Services (Class 35-45)
These cover business, financial, legal, and other professional services.
- Class 35 – Business management, marketing, advertising
- Class 36 – Financial, insurance, real estate services
- Class 37 – Construction, repair, and installation services
- Class 38 – Telecommunications, broadcasting
- Class 39 – Transport, travel, and storage services
- Class 40 – Treatment of materials, manufacturing
- Class 41 – Education, training, entertainment
- Class 42 – IT, scientific research, technology services
- Class 43 – Hospitality, restaurants, hotels
- Class 44 – Medical, veterinary, beauty, and agriculture services
- Class 45 – Legal, security, and social services
Trademark Registration Process in India
Step 1: Conduct a Trademark Search:
- Check the IP India Trademark Database to ensure no identical trademarks exist.
- Avoid marks that are deceptively similar to registered trademarks.
Step 2: Filing a Trademark Application
- Apply online via the IP India website or offline at the Trademark Registry Office.
- Use Form TM-A for new applications.
- Fees: INR 4,500 (for individuals/startups/SMEs) and INR 9,000 (for others).
Step 3: Examination by the Registrar
- The Trademark Office examines the application.
- If objections are raised, they must be responded to within 30 days.
Step 4: Publish in the Trademark Journal
- If the registrar does not oppose the Trademark application, the application shall be published in the Trademark journal for 4 months
- Third parties can file an opposition using Form TM-O.
Step 5: Register and Trademark Certificate
- If the Registrar receives no opposition to a trademark application, the mark shall be registered.
- The Trademark Registration Certificate is issued, granting exclusive rights.
- The Registered Trademark is valid for 10 years and can be renewed indefinitely.
Conclusion
Trademark registration is important for protecting your brand identity and ensuring exclusive rights over your name, logo, or symbol. Registration safeguards your business from infringement, enhances market credibility, and opens doors for national and international expansion. Before registering a trademark, it is crucial to understand its requirements. Not only individuals but also business entities like partnerships, companies, etc., can also apply for registration.
FAQs
1. How long does it take to register a trademark in India?
The entire process usually takes 12-24 months, depending on objections and opposition raised.
2. Is trademark registration mandatory?
No, but it provides legal protection and prevents unauthorised use of your brand.
3. Can I register a trademark without owning a business?
Yes, individuals can apply for a trademark without having a registered business.
4. What happens if someone objects to my trademark?
You must submit a counter-statement and prove that your trademark is distinctive.
5. Can a trademark be sold or transferred?
Yes, trademarks can be assigned or licensed to other parties.
6. What is the cost of trademark registration?
The fee for physical filing is INR 5,000 (individuals/startups/SMEs) and INR 10,000 (others).
For e-filing: INR 4,500 (individuals/startups/SMEs) and INR 9,000 (others).
7. What is the validity of a registered trademark?
A registered trademark is valid for 10 years, and renewal requests should be submitted within one year before expiration or six months after expiration with a surcharge.
8. Can I use a trademark before registration?
Yes, but legal protection begins only after registration is granted.
9. What is the Nice Classification system?
It categorises trademarks into 45 classes based on goods and services.
10. Can foreign companies register trademarks in India?
Yes, foreign businesses can apply under the Madrid Protocol or directly in India.
