REGISTRATION OF TRADEMARK

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REGISTRATION OF TRADEMARK

The trademark is a representation of a particular brand’s name by label, symbol, numbers, design or words to differentiate its entity, its goods and services from other similar group of goods or services of the business.

Introduction:

The trademark is a representation of a particular brand’s name by label, symbol, numbers, design or words to differentiate its entity, its goods and services from other similar group of goods or services of the business. It works as an identity of goods/services of a particular business.

Trademark safeguards the company’s brand, ideas and assets; hence it becomes an intellectual property of that business. If a company has registered its trademark then that company has right to perform its business activities freely in the market; also no other company can run their business with the same trademark. If anyone can practice besides the registered trademark then that business entity is liable for deception & offensive conducts against it. Neither that company can register that symbol in the future also. Furthermore the owner of trademark has a right to sue for damages when any contraventions occur.

There are different types of trademark available such as- Word Mark, Logo, Logo Composite Mark, etc.

Law for Trademark Registration in India:

In India, the trademarks are registered under the Trademarks Act of 2016 by the Controller General of Patents Designs and Trademarks, who works under the Ministry of Commerce and Industry. 

Before 1940 there was no law regarding trademark in India, a number of infringement practices was then observed which were then solved under the Specific Relief Act, 1877 and the registration was done under the Indian Registration Act of 1908. After this the trademark law was replaced with the Trademark and Merchandise Act of 1958 to protect trademark and curb its misuse. Then after this the previous act got replaced with the Trademark Act of 1999 by complying with the obligations of WTO.

Registering the Symbol:

While registering the trademark one can use the symbols such as (a^, ©, ™, €, ®, etc). One should know that the life of trademark is fixed for the period of 10 years; however, one can further renew the trademark by simply applying for renewal application for another 10 years.

Advantages of Trademark Registration:

The greatest benefit to register trademark is that it provides safeguard to one’s brand name, hence it acts as a direct link between the customer and product by associating it to the business for a long lasting period of time. For example, we connect the trademark of Maggi Noodles by its symbol of red colored words and we the consumers immediately remember the product’s symbol by just hearing its name.

1. Trademark registration gives credit to the source of goods and services.

2. It guarantees the quality of goods and services.

3. It helps in the advertisement of goods and services.

4. It provides exclusive identity.

5. It works as a shield against competition.

6. It is economical: the cost for registering trademark is a one-time cost and it has been reduced satisfactorily, however it takes the time for about 6 months to a year.

7. It is an intellectual property and thus is an asset of a company; therefore it works to bring goodwill of a business.

Procedure to Register a Trademark:

Step I: Search for a Trademark

While applying for trademark registration, the applicant has to be cautious for selecting his trademark since there are already existing different trademarks. Once it is selected wisely, it has to be searched on the trademarks database of Trade Marks Registry to confirm that it is unique and no other similar trademark is existing or matching.

Step II: Filing the Application of Trademark

The trademarks are categorized into different classes based upon its type of goods or services provided. One can file for registration in a single class or/as well as multi class depending on the nature of business activities.

One can file registration form either online on the IP India website, or physically at the Trade Mark Office of the respective jurisdictions.

The application has to be supported with various documents and evidences describing the every details of company.

Step III: Examination of Trademark Application by the Government Authority

After applying for registration, an examination is conducted by the Examiner with consonance of guidelines of Trademarks Act, 2016 for confirming some objections and hence he provides report within 30 days of the same.

The applicant then has to submit the reply for any objections if any within 30 days after receiving report to waive them off.

Step IV: Post Examination

After filing for the reply of examination report, the trademark authority then appoints a hearing if he is not satisfied with the reply of applicant in cases where the objections are not met. After hearing, the examiner accepts the proposed trademark and forward that for publication in the journal.

Step V: Advertisement of Trademark

After post examination the proposed trademark is then sent for publication in the Trade Marks Journal for the period of 4 months to invite the general public to filing an opposition against the registration. 

Step VI: Opposition from the public

After advertisement, any aggrieved party can file a notice to oppose against the registration within the period of 4 months of publication in a prescribed form. In case the proposed trademark is objected then the due process has to be followed of counter statement application, evidences as well as the trademark registered.

Step VII: Registration

This is the last step for registration of trademark where the application proceeds after conquering any kind of objections against the proposed trademark.

If there is no objection during the advertisement period then the trademark is issued by an auto-generated registration certificate within a week.

Documentations required for Trademark Registration:

With time and advance, the due procedure for registration has become smooth to easily access the trademarks for the companies’ brand. The following documents are needed for registration:

1. Copy of proposed logo ideally in b/w 

2. Form No. 48 duly signed

3. Identity proof of applicant (passport, aadhar, PAN cards)

4. Udyog aadhar registration certificate

5. Partnership deed or the Incorporation certificate in case of LLP or Joint ventures

6. Address proof of applicant

 

Conclusion:

The intellectual property is a product of mind or intellect of a person. It can be traded, purchased, given and reserved. Trademark are very aspects of intellectual property, so their protection becomes important in the present day because creativity enables economic and social development.

Every generator of good/ services wants that his mark to be different and easily distinguishable from other. Designing a mark like this is difficult and after this the need to protect the trademark occurs. 

About the Author: Roshni Sahu is a Legal Assistant at Padhy and Co. Advocates, Bhilai (Chhattisgarh).