A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of another enterprise. A trademark can be registered either in the form of Word, Device/ Logo, Letters, Slogans, Combination of Colors, 3D Marks, Shape of Goods etc. Even though registration of the trademark is not mandatory; but it is beneficial to get the trademark registered, as it provides statutory rights to the proprietor over the unregistered trademark. Trademark also gives exclusive rights to the proprietor for using the mark and also helps prevent competitors from using a mark that’s the same or is similar to the proprietor‘s mark. The protection of the trademark is provided under the Intellectual Property Rights.
Trademark once registered creates a company’s brand and reputation in the market, this helps in creating a relationship of trust and loyalty with the consumer enhances company’s goodwill. Subsequently, registration prevents confusion to the consumers as the registered trademark has captured the consumer’s attention to make the product stand out.
Any entity including an artificial legal person or an individual who claims himself/ herself to be proprietor of the mark can file the trademark application for their respective goods and services. Even, the foreign proprietors or applicants can apply for the trademark in India through any representative legal or otherwise.
It is important to note that for getting the trademark registered all the above mentioned documents shall be sent in advance to either of our office address, Delhi or Mumbai.
Once the trademark is in the process of registration, if any alterations/ modifications are required to be made, Form TM-M is to be filed. Further, if any opposition is to be filed then Form TM-O is to be filed within the specific time period.
Thereafter, when the trademark gets registered, protection is granted to the trademark for 10 years from the date of filing of trademark i.e. the registration of trademark is provided for a period of 10 years. For the process of renewal, a renewal application TM-R has to be filed six months prior to the expiry of the renewal date.
After the increase of trademark registration in recent time, the Trademark Ministry has become more proactive in filing the trademarks. The time taken by the Trademark Registry now to register a trademark is 6 to 12 months approximately.
Trademark refers to a mark capable of graphically representation, as per goods & services, as defined under Fifth Schedule of Trade Mark Rules, 2002, of one person/organisation/entity from that of another which may also include combination of colours and trade dress. The Trade Marks Act, inter alia, provides for registration of trademarks/service marks, domain names and filing of multi-class applications and increment of the term of trademark registration, recognition of various trademarks such as, collective marks, well-known trademarks, etc., and protection from infringing activities such as, passing off of trademarks in the form of penalties & damages.
Trademark Classification: The trademark registry, in accordance with Nice Classification, has classified goods from Class 1 to 34 and Services from Class 35 to 45.
In the event of any identical trademarks detected the process of registration could be lengthened and the absolute registration costs may increase due to legal proceedings and hearings. Such costs may vary from one to another. If any similar mark is surfaced, the process could be quickened, based on the Examiner’s decision, even though it may include objections and hearings
Term of Registration: Once registered, a trademark is granted 10 years of protection from the date of registration which can be renewed for a term of 10 subsequent years, indefinitely. Renewal application has to be filed six months prior to the expiry of the renewal date.