Trademark registration grants you exclusive legal rights over your brand name, logo, or symbol. In India, this process is governed by the Trade Marks Act, 1999, which helps you protect and exclusively use your intellectual property in the market.
To register a trademark, you need to file Form TM-A with the Trademark Office and choose the appropriate class for your goods or services, ensuring your brand receives the right protection. Once registered, you can legally use the ® symbol to indicate your trademark is officially recognised.
At IndiaFilings, we make trademark registration easy. Our expert team guides you through trademark searches, handles any oppositions, and supports you with renewals. With the assistance of our experienced trademark attorneys, you can secure your trademark certificate confidently, safeguarding your intellectual property and establishing a strong legal identity for your brand.
Let IndiaFilings be your trusted partner, securing your brand's identity and protecting your intellectual property.
What is a Trademark?
A trademark is a form of intellectual property that can be a word, phrase, symbol, design, or a combination of these elements, used to uniquely identify and distinguish the goods or services of one business from those of others. According to the Trade Marks Act, 1999, a trademark may also include the shape of products, their packaging, or specific color combinations, as long as these can be graphically represented and serve to differentiate one product or service from another.
Why Should You Register a Trademark?
In India, registering your trademark provides legal protection under the Trademarks Act, 1999, allowing you to take action against infringement or unauthorised use. A registered trademark is valid for 10 years from the filing date and must be renewed to maintain protection.
Creates an official public record of ownership through publication in the Trademark Journal.
Distinguishes your brand from competitors and enhances recognition.
Builds customer trust by associating your brand with quality.
Increases business value, attracting investors and partners.
Protects against counterfeiting and imitation.
Enables you to license the trademark for additional revenue.
Grants the right to use the ® symbol, enhancing brand credibility.
Becomes a valuable and marketable business asset.
Who can Apply for Trademark Registration Online?
Trademark registration online in India is open to a wide range of entities and individuals, including:
Individuals
Joint owners of a company
Proprietorship firms
Partnership firms (with a maximum of ten partners)
Limited Liability Partnerships (LLPs)
Indian companies
Foreign companies
Trusts
Societies
This inclusivity ensures that various businesses and entities can safeguard their brand identities through trademark or brand name registration online.
Types of Trademark in India
In India, various trademark registration online or brand name registrations cater to different needs and purposes, all aimed at enabling consumers to recognize products and services associated with specific manufacturers or service providers. Here, we delve into the distinct categories of trademark India available for registration:
Product Mark
This type of trademark is affixed to goods or products, aiding in identifying their origin and preserving a company's reputation. Trademark India applications falling under classes 1-34 are typically classified as product marks as they pertain to tangible commodities.
Example: Coca-Cola® on beverage bottles.
Service Mark
Similar to a product mark, a service mark is used to identify services rather than physical products. Service marks primarily help differentiate the providers of certain services from others. Trademark applications falling under classes 35-45 are often regarded as service marks related to service offerings.
Example: FedEx® for courier and delivery services.
Collective Mark
A collective mark conveys specific characteristics of products or services associated with a particular group. It allows individuals or entities to protect and represent goods and services collectively. The trademark holder may be an association, a public institution, or a Section 8 corporation.
Certification Mark
The owner issues these marks to indicate information about a product's origin, composition, quality, or other pertinent data. Certification marks establish product standards and assure consumers that the product meets standardized quality benchmarks. They are commonly found in packaged goods, toys, and electronics.
Example: CA® (Chartered Accountants of India) used by members of the Institute of Chartered Accountants of India.
Certification Mark
The owner issues these marks to indicate information about a product's origin, composition, quality, or other pertinent data. Certification marks establish product standards and assure consumers that the product meets standardized quality benchmarks. They are commonly found in packaged goods, toys, and electronics.
Example: ISI mark (Bureau of Indian Standards) for product quality certification.
Shape Mark
Shape marks are employed to secure the distinct shape of a product, making it easily recognizable to consumers as originating from a specific manufacturer. Registration is contingent on the shape being deemed distinctive.
Example: The Coca-Cola® contour bottle shape.
Pattern Mark
Pattern marks are used for products featuring unique, designed patterns that serve as distinguishing features. To qualify for registration, these patterns must stand out as distinctly recognizable.
Example: Louis Vuitton® monogram canvas pattern.
Sound Mark
Sound marks are distinctive sounds associated with products or services from suppliers. Sound logos, often known as audio mnemonics, are commonly heard at the beginning or end of commercials. An example in India is the IPL tune.
Example: Nokia® tune or the IPL cricket theme in India.
These diverse categories of trademark registrations, like logo trademark registration or trade name registration, offer businesses and entities the flexibility to protect their brand identity following their unique offerings and market presence.