Trademark Registration

In India, the Trademark Act,1999 permits you to register a trademark. It allows for exclusive ownership rights and prohibits others from using the mark, favoring the registered mark's owner.

Once a trademark is registered, the "TM" symbol can be used with the applicant and the brand. To protect the brand name, trademark registration in India is essential. It is typically best to seek trademark registration under the supervision of a professional, as the process entails several steps and needs constant government follow-up.

Eligibility for Trademark Registration

Trademark registrations are prevalently used to protect unique brands, slogans, or invented terms. Individuals, corporations, and non-profit organization can all file for trademark registration in India. However, each class of person or entity has its own set of requirements when it comes to filing a trademark application. In India, the following are eligible for trademark registration.

An individual (Person)

An individual who is not doing any business can also obtain a trademark application and obtain trademark registration for a symbol or word that is proposed to be used by the applicant in the future.

Joint Owners

The Joint owners of a company together can file for a trademark and both their names must be mentioned in the application.

Proprietorship Firm

A proprietorship firm may file a trademark application under its proprietor's name but not under the business and proprietorship names. If you include a proprietorship name and a business name in your application, those details will be considered separately.

Partnership Firm

A partnership company must include all the names of the partners in the application while registering for a trademark, with a maximum of ten members. If a minor partner is present, the name of the minor's guardian representing him must be mentioned.

Limited Liability Partnership/LLP

In the case of the Limited Liability Partnership, the application should be in the name of the LLP. It is an incorporated body where the partners have their own identity. The partners cannot be the applicant as the trademark belongs to the LLP.

Indian Company

Any Indian company, regardless of weather a private limited, limited, or any other form, must file a trademark application in the company's name. It should be noted that any incorporated entity has its own identity, so a company's director cannot be a trademark applicant.

Foreign Company

If a foreign incorporated entity applies for a trademark in India, the application must be made in the corporate name as it is registered in the foreign country. The nature of the registration, the country, and the law should all be mentioned here.

Trust or Society

If a trademark application is filed on behalf of a trust or society, the managing trustee, chairman, or secretary who is representing the trust or society must be named.

Documents required to register a Trademark online

• Incorporation Certificate - If the trademark is registered under a company or LLP.
• Partnership Deed - If the trademark is registered under a partnership firm.
• PAN Card - Of the authorized signatory.
• Aadhaar Card - Of the authorized signatory.
• Form TM-48 Signed - The TM-48 is a legal document that permits your attorney to submit your trademark with the trademark registry on your behalf. Our professionals will prepare the papers for signature.
• Logo - Please do not upload the logo in black and white to ensure all colors of the trademark are covered under the registration.

Types of Trademark registration in India

Product marks, service marks, collective marks, certification marks, shape marks, sound marks, and pattern marks are all forms of trademarks that can be registered. Despite the fact that there are various trademarks, their objective is the same: to allow consumers to identify goods and services produced by certain manufacturers or service providers. Let's look at the different types of trademark registrations available in India.

1. Product Mark : In contrast to a service, a product mark is applied to a good or a product. A product mark assists in the identification of the product's origin as well as the preservation of the company's reputation. Because they represent commodities, trademark applications filed under the trademark 1-34 could be classified as product marks.

2. Service Mark : A service mark is similar to a product mark, except that it is used to identify a service rather than a product. The service mark's main purpose is to help distinguish the proprietors from the owners of other similar services. The trademark applications are submitted under trademark classes 35-45, which could be considered service marks because they represent services.

3. Collective Mark : The collective mark informs the public about the unique characteristics of the products and services that are used to represent a group. This mark can be used by a group of people to protect goods and services on a collective basis. A trademark holder can be an association, a public institution, or a Section 8 corporation.

4. Certification Mark : It is a sign issued by the proprietor that indicates the product's origin, substance, quality, or other specific data. The main objective of certification is to establish a product's standard and to provide buyers with assurance that the product has passed standardized tests to ensure quality. Generally, certification marks can be seen on packaged goods, toys, and electronics.

5. Shape Mark : The shape mark is used exclusively to secure the shape of a product so that customers associate it with a specific manufacturer and choose to buy it. Once it is determined that the product has a distinctive shape, the shape can be registered.

6. Pattern Mark : The pattern marks are for products that have a specific designed pattern that serves as the product's distinctive feature. Patterns that do not stand out as noteworthy are rejected. A pattern mark must stand out as distinct in order to be registered.

7. Sound Mark : A sound mark is a sound that can be linked to a product or service that comes from a specific supplier. Sound logos are also known as audio mnemonics, and they occur at the start and finish of commercials. The most popular sound mark in India is the tune for IPL.

Trademark Registration Process with us

We have a simplified process of obtaining a trademark registration in India. Please call us and we will start the registration process for you. Application will be filed within one day.