Many brands in the world value their trademark more than their any other physical assets and want to protect it through; Trademark Registration.

This Infographic guide has everything you need to know about registering a Trademark in India (Step-by-step).

• 1

  What is Trademark?
  

• 2

  What is a Trademark Registration?
  

• 3

  Infographic
  

• 4

  What can be applied as Trademark?
  

• 5

  Who is Eligible to Apply TM?
  

• 6

  Types of Trademark
  

• 7

  Benefits of Registering a Trademark?
  

• 8

  Trademark Search Process
  

• 9

  Trademark Class and Classification
  

• 10

  Trademark, Copyright and Patent Difference
  

• 11

  What names CANNOT be registered as a Trademark?
  

• 12

  Documents Required for Trademarking
  

• 13

  Cost and Time required for Trademark
  

• 14

  TM Application Status Check
  

• 15

  Who is a Trademark Attorney?
  

• 16

  Trademark Registry in India
  

 

#1What is Trademark?

#1What is Trademark?

Trademark means a logo, brand name, product name, website name, word or punch line by which customers recognize or differentiate the products or services of one company from another.

 

 

#2What is a Trademark Registration?

#2What is a Trademark Registration?

Trademark registration means legally getting the right to use the brand name or trademark by getting a registration certificate from the Indian Trademark office.

 

 

#4What can be applied as Trademark?

#4What can be applied as Trademark?

A) Any word, title, symbol, label, name, signature, numeral or any combination thereof

B) Any Slogan or Punch Line used to describe a product/service in a better manner

 

The trademark can be applied by anyone who uses or proposes to use the brand name for commercial
purpose.

The trademark owner can be an individual, business organization, charitable trust or Government agency.

 

There are two types of Trademarks; Conventional Trademarks and Non-conventional Trademark

Conventional Trademark also known as a traditional trademark, is a regular set of trademarks consisting of:

• Word Mark
• Device Mark /Logo Composite Mark
• Font or Letter Trademarks
• Signature Trademarks
• Slogan or Punchline Trademarks

Non-conventional trademark also known as a non-traditional trademark, is a new type of trademark which does not belong to regular category of trade mark, and is often difficult to register, but which may uniquely identify the origin of products or services.

• Color Trademark – means a trademark in which color is used to uniquely identifying the commercial origin of products or services. Coca-Cola has its iconic red and white scheme trademarked.
• Sound Trademark – sound clips that are source identifying may be protected as marks. Examples are Movie and TV studio sound clips. Sound trademarks also known as aural trademarks
• Scent Trademark – means the scents which are unique in non- utilitarian products can be applied as Scent Trademarks. For example, scents are utilitarian for air fresheners and perfumes, but not for sewing thread. Hence, Scent Trademarks can be applied for sewing thread but not for air fresheners and perfumes.
• Motion Trademark – where a series of motions by digital imagery are used for identifying source.
• Hologram Trademark – Hologram means a three-dimensional (3D) image when used to identify the source or owner of the product or service can be applied as Hologram trademark.

 

Brand name is the most valuable asset of the Company. Many brands in the world value their trademark more than their any other physical assets

Brand value is derived only when the company has absolute right over the brand name through trademark protection.

Protecting the name is equal to protecting the business.

• Protection against Copycats: Nobody will dare to copy your brand name once it is a registered trademark
• Helps in expansion of business and growth
• Trademark can be rented and royalty can be earned under licensing agreement. Franchising model solely depends upon trademark licensing.
• Helps in image building and credibility in Market
• Customers give more preference to registered brands with TM tag

 

Step # 1: Search in Google-

to check if there is a company or brand already existing in the Industry in which you are operating or planning to register a trademark.

Step # 2: Search for Website domain name-

for the word you wish to apply for trademark. Check, if the domain name with the extensions of .com, .in, .co.in is available for booking.

Step # 3: Search for Social media account/handles-

in major social media site like Facebook, Twitter, Linkedin, Google+ and You tube

Step # 4: Coined words (like mixing of two words)

Are highly recommended for successful trademark registration.

If you have done above 4 steps thoroughly and have chosen 2-3 names, 50% of your effort in selecting a valuable brand name is over.

Now, it is important to see if the selected name is legally registrable.

How do you know that?

Step # 5: Trademark Public Search at the Indian Trademark Database:

Before searching the availability of trademark in Indian Trademark database, you need to identify the class of trademark under which your business falls.

Now Click here to do

Trademark Search

 

Trademark Class means a category of goods or services into which the applicant wants to register the trademark.

Trademark Classification means the process of identifying the exact class into which the products or services of the trademark applicant falls.

Broadly the Trademark classes fall under three categories.

• Manufacturers: (Class 1 to 34), under this category the applicant/brand is involved in the process of manufacturing AND trading of tangible (visible) goods and products like pharmaceuticals, textiles, food grains, furniture making etc.
• Traders (Class 35) under this category the applicant/brand is involved in the marketing or distribution of OTHERS goods and services. Shop owner, super markets, multi brand show rooms etc.
• Service Providers (Class 35 to 45) under this category the applicant/brand is involved in providing intangible (Invisible) services like Legal services, Business Consultants, Architects, Fashion designers, Media services, Software, Healthcare, Education, Financial services etc.

Identifying under which exact class your business/product/service whose name is to be applied for trademark is important.

Wrong classification may lead to waste of time, money and losing of your brand name to your competitor.

It is important to know that very closely associated businesses may sometime fall under two different classes: Designing website and providing hosting services fall under Class 42, however domain registration services fall under Class 45.

One has to apply trademark under both these classes to get complete protection of the brand name

 

 

Service Mark (SM) means if a brand name is applied for trademark protection by any service provider whose services fall under any of the Trademark Classes between 35 to 45 may choose to use (SM) next to his brand name instead of TM. However, ™ is the most popularly known symbol hence Service sector business also use TM next to their brand name.

 

Grounds for refusal of Trademark – Brand names falling under following categories cannot be registered:

• Generic/Descriptive Names: a word which is a popular term and is important part of the Industry in which you operate. Like Dosa as a brand name in Food Industry is not allowed. As Dosa is a Generic word in Food Industry.
• Closely similar to existing trademark
• Names similar to well known brands like TATA, Microsoft, Google etc. cannot be applied in any business category as they are household names
• Names of national importance like Mahatma Gandhi, Jana Gana Mana etc.
• Prohibited Trademarks listed under the Trademarks Act.
• Words hurting religious sentiment, misuse of emblems etc.

 

• Soft copy of the Logo
• Authorisation letter or Power of Attorney in Form TM-48
• MSMED Certificate or Startup India Certificate for special concession in Govt. fees
• User Affidavit for continued use of trademark
• PAN card of the Applicant
• If Company is the Applicant Board resolution

 

Government fees for TM application is Rs. 4,500 for each brand under each class and typically the trademark attorney charges start from Rs. 1,499.

Rs. 4,500 is a Special Trademark Fees for Individuals, Proprietorship Firms and Small Businesses, for large businesses the Govt. fees is double is Rs. 9000

The Trademark filing can be completed in 24 hours. The final registration time is not fixed however it typically takes 10- 12 months (earlier 18-24 months)

Trademark Class means a category of goods or services into which the applicant wants to register the trademark.

 

Keeping an eye on the trademark filing status is important so as to take quick action on changes in status, or to intimate your attorney to take action on your behalf.

Even otherwise it is good to know the process so as to keep yourself updated about the application status.

Step #1) After Clicking the below button you will be taken to Trademark Registry Website

TM Application Status

Step #2) Click on Trademark Application Number/Registered Trademark button.

Step #3) Enter Trade Mark/Application Number

Step #4) Enter the code shown and click on View button, you will find status

Also read the next section to know what does the Status exactly means.

 

Trademark lawyer or Attorney is a legal consultant who specializes in IPR laws and represents his or her clients in trademark offices and courts. They are also known as Trademark agents, and are important for correct trademark search and certification.