Trademark Registration

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A trademark is a mark granted to a product or service of the manufacturer or an entrepreneur to make the product or the service name unique and differentiable from other products or services names, which are sold in the market. Trademarks are useful in protecting your business entities, goods, and services. It is important to know its procedure in detail to get brand protection.

What is a Trademark?
Trademark is a mark or indication which is used in the course of a business by the concerned person to distinguish his goods or services from another person. Trademark is a mark in the form of a device, letter, logo, numeral, signature, words, or combination of words or a combination of the above-mentioned things. There are so many things that can be called a mark and every mark is used to indicate or signify the goods or services in the course of trade which is known as a trademark but to get the registered trademark, the brand name needs to have the capacity to distinguish the goods or the services of one person from the goods and services of another person.
When a person holds the exclusive right of a trademark and uses it in the course of the trade; the reputation of his business, quality of his products, and his origin can be recognized by the consumer. From the perspective of a consumer, when a person affixes the trademark on his goods or services, the consumer does not want to get cheated or deceived by the existence of deceptively similar trademarks or by the existence of confusingly similar trademarks.
Who is eligible for Trademark registration?
Trademark registration in India can be filed by any individuals, joint owners, partnership firms, LLP, an Indian company, a foreign company, trust, or society. Documents submission depends on the category you fall within and accordingly Vireza Onfiling experts will help you.
What are the different types of trademarks in India?
In India, there are various types of trademarks for which you can get registration. Let’s understand them one by one.

  1. Product Mark: As the name suggests this mark is used for a product or a good rather than a service. It helps in product recognition and maintains the goodwill of the business. Under trademark class 1-34, goods are classified.
  2. Service Mark: This is similar to product mark but this is used for the services and not for the goods. It helps in differentiating the business services of the various business owners.
  3. Collective Mark: This mark represents a group of individuals who collectively use their mark for protecting the goods and the services. For eg. any association, public institution, or section 8 company.
  4. Certification Mark: This is a sign which denotes the origin of the product, material, quality, or other specific details issued to the proprietor. These are seen on toys, electronic products, packed food, etc and represent the certification.
  5. Shape Mark:  This mark is used for the protection of the shape of the product so that customers can easily recognize specific products.
  6. Pattern Mark: This type of mark is for the specifically designed pattern which distinguishes one product from another.
  7. Sound Mark: This mark is used for the protection of sound logos which is also known as audio mnemonics, for eg. the tune of IPL, Apple iPhone, and more.


Required Documents

Acceptable DocumentDocument TypeAdditional Details
Trademark owner’s details--
List of goods or services for which trademark will be issued--
Chosen “mark” for registration --

packageName 1000
packageType

  • package
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FAQs

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Registration provides owner the exclusive right to the use the trademark in relation to the goods or services and to indicate so by using the symbol (R), and can file for relief of infringement in appropriate courts. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc.
The register of trademark is maintained in electronic form which contains the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.
The basic principle is that the trademark applied for should not be substantially altered affecting its identity.
Any person, claiming to be the proprietor of a trademark used or to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, for the time mark is used. The application should be in English or Hindi. It should be filed before authorised authority. The applications needs to be submitted personally at the Front Office Counter of the respective office or you can sent it by post. It can also be filed on line through the e-filing gateway available at the official website.
Yes, it can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register.
As prescribed by Intellectual Property India, Government recognized source , the types of trademarks that can be registered are as follows: • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark. • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service. • Letters or numerals or any combination thereof. • The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service. • Devices, including fancy devices or symbols • Monograms • Combination of colors or even a single color in combination with a word or device • Shape of goods or their packaging • Marks constituting a 3- dimensional sign. • Sound marks when represented in conventional notation or described in words by being graphically represented.

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