Trademark Registration
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Trademark search and application filing under one class.
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- Trademark Filing including Government fee for individuals and SMEs.
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- Trademark Filing including Government fee for entities NOT having MSME registration.
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Trademark Registration
In the highly competitive business landscape, a product's brand name and its distinguishing elements play a crucial role in setting it apart from the competition. These elements encompass aspects like logos, jingles, and packaging design, collectively forming what we recognize as a trademark. In the digital age, preserving your brand identity has become even more vital. Whether you're launching a startup, managing an established business, or pursuing entrepreneurship as an individual, registering your trademark remains a fundamental step to ensure the uniqueness and distinctiveness of your products and services.
At bmcsindia, we acknowledge the paramount significance of safeguarding your brand's identity and preserving the distinctiveness of your offerings in today's fiercely competitive market. This is why we offer expert assistance in the trademark registration process. Whether you're a dynamic startup, an established enterprise, or a solo entrepreneur, our dedicated team is here to navigate you through the intricate trademark registration journey.
Allow bmcsindia to be your trusted ally in securing your brand's identity and safeguarding your intellectual property.
What is a Trademark?
In accordance with the Indian Trademarks Act of 1999 (Section 2(zb)), a trademark is an identifying symbol that sets apart products or services from those of competitors in the market. It encompasses a wide range of elements, including symbols, designs, expressions, or any distinctive feature associated with a particular brand. Notably, trademarks can be owned by individuals, corporations, or legal entities, making them accessible to a diverse array of entities and individuals.
Why Should You Register Your Trademark?
Trademark registration serves as a safeguard for your right to utilize the mark in connection with your products or services. It provides a strong defense against infringement, granting you the authority to pursue legal action against unauthorized use of your trademark. Once registered successfully, your trademark maintains its validity for ten years from the filing date, and you have the option to renew it indefinitely.
Who can Apply for Trademark Registration?
Trademark registration 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 guarantees that a wide range of businesses and entities can protect their brand identities by means of trademark registration.
Types of Trademark Registrations in India
In India, several types of trademark registrations are tailored to diverse needs and objectives, all with the common goal of facilitating consumer recognition of products and services linked to particular manufacturers or service providers. In the following section, we explore the various categories of trademark registrations available:
Product Mark
These trademarks are applied to goods or products, assisting in identifying their source and safeguarding a company's reputation. Trademark applications categorized under classes 1-34 are typically considered product marks since they relate to tangible commodities.
Service Mark
Similar to a product mark, a service mark is utilized to distinguish services instead of physical products. Service marks primarily serve the purpose of distinguishing providers of specific services from others. Trademark applications falling within classes 35-45 are commonly classified as service marks, associated with service offerings.
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
Owners use these marks to convey information about a product's origin, composition, quality, or other relevant details. Certification marks establish product standards and provide consumers with the assurance that the product adheres to standardized quality criteria. They are often encountered in items like packaged goods, toys, and electronics.
Shape Mark
Shape marks are utilized to protect the unique shape of a product, making it readily identifiable to consumers as originating from a particular manufacturer. The registration of shape marks depends on the distinctiveness of the shape.
Pattern Mark
Pattern marks are applied to products that showcase distinctive designed patterns, serving as distinctive features. To be eligible for registration, these patterns must be noticeably recognizable.
Sound Mark
Sound marks encompass unique sounds linked to products or services provided by suppliers. Sound logos, often referred to as audio mnemonics, are frequently heard at the start or conclusion of commercials. An example in India is the IPL tune.
These various categories of trademark registrations provide businesses and entities with the versatility to safeguard their brand identity in accordance with their distinct offerings and market presence.
Choosing the Correct Trademark Class
Trademark classes play a pivotal role in the registration process by organizing goods and services into 45 distinct classes. The meticulous selection of the right class is of utmost importance since it dictates the validity of your trademark registration for your business's products or services. If your company operates in multiple domains falling into different classes, it's essential to ensure that you apply for a trademark under all the pertinent classes.
In India, some commonly selected trademark classes include:
- Class 9: Encompassing computer software and electronics
- Class 25: Covering clothing
- Class 35: About business management and advertising
- Class 41: Related to education and entertainment
Trademark search
Before registering the trademark, conducting a comprehensive trademark search is of paramount importance. This step is critical to safeguard the integrity and exclusivity of your brand. An online trademark search entails providing the brand name and the relevant class for scrutiny. This meticulous search aids in identifying pre-existing trademarks in the market, enabling the assessment of potential conflicts, and, ultimately, ensuring the protection of your brand. Bmcsindia provides online trademark search tools and support to facilitate this pivotal process, assisting you in making informed decisions regarding your trademark registration.
Required Documents & Details for Online Trademark Registration
To initiate the online trademark registration process in India, you will need to furnish the following initial details:
- Applicant's Name: The name of the individual, company, or entity applying for the trademark registration.
- Business Type: Specify the type of business entity, such as sole proprietorship, partnership, private limited company, etc.
- Business Objectives: Provide a brief description of your business objectives or activities.
- Brand/Logo/Slogan Name: Clearly mention the name, logo, or slogan that you intend to trademark.
- Registration Address: Furnish the official address of the entity applying for the trademark.
In addition to these details, you will be required to submit the following documents to complete the online trademark registration process:
| Applicant Type | Required Documents |
|---|---|
| Individuals | PAN card |
| Aadhar card | |
| Proprietorship | GST certificate |
| PAN card | |
| Aadhar card | |
| Company | Incorporation certificate |
| Company PAN card | |
| MSME Certificate (if applicable) | |
| Logo (if applicable) | |
| Partnership Firms | Partnership deed |
| Partnership PAN card | |
| MSME registration certificate | |
| Logo (if applicable) | |
| Limited Liability Partnerships (LLPs) | LLP deed |
| Incorporation certificate | |
| LLP PAN card | |
| Logo (if applicable) | |
| Trusts | Trust deed |
| Trust PAN card | |
| Logo (if applicable) |
Trademark Filing Process in India
After completing the trademark search, the subsequent step is to file the trademark registration application with the Trademark Registrar.
The Vienna Codification Process
The Vienna Classification, also known as the Vienna Codification, is an international system used to categorize the figurative elements of trademarks. Following the filing of the trademark registration application, the Trademark Registrar will apply the Vienna classification to the trademark's figurative elements.
Trademark Examination
After the completion of the Vienna Codification, the trademark registration application is forwarded to an officer of the Trademark Registrar. This officer is responsible for thoroughly reviewing the application to ensure its accuracy and will subsequently generate a trademark examination report. Based on this report, the officer has the authority to accept the application, allow it for publication in the trademark journal, or raise objections during the registration process.
In cases where objections are raised, the applicant has the opportunity to address these concerns directly with the Trademark Officer. If the justifications provided by the applicant are deemed satisfactory by the officer, the trademark can proceed for publication in the Trademark Journal.
Trademark Journal Publication
Once the Trademark Registrar approves the application, the trademark is included in the Trademark Journal. This journal is published weekly and contains information about all trademarks received by the Registrar. It also provides a window for the public to raise objections if they believe the registration of a particular trademark might negatively impact their interests. If no objections are received within 90 days of publication, the trademark is typically registered within the following 12 weeks.
Trademark Hearing
In cases where a third party raises objections to the application, a Trademark Hearing Officer will schedule a hearing. During the hearing, both the applicant and the opposing party have the opportunity to present their arguments and evidence. Based on the information presented, the Trademark Hearing Officer will make a decision regarding the acceptance or rejection of the application.
Trademark Registration
In situations where there are no objections or oppositions, the trademark registration certificate is prepared and issued. Official registration of the trademark occurs when the Trademark Registration Certificate is granted, thereby bestowing exclusive rights upon the owner to use the mark. It is at this stage that the ® symbol can be added to the logo or trademark.
Trademark Objection
Trademark objections represent one of the initial stages in the trademark registration process. Instead of an outright denial, the Registrar seeks valid reasons or explanations concerning the registrability of the trademark.
Trademark Opposition
Trademark opposition arises when a third party lodges an objection against the registration of a trademark. The Registry accepts oppositions from any natural or legal entity, including individuals, businesses, partnership firms, and trusts.
Trademark Renewal
Once your trademark is successfully registered, it remains valid for a period of ten years from the date of filing. To ensure the ongoing protection of your trademark, it is essential to renew it every ten years.
How bmcsindia Can Assist You with Trademark Registration
The process of online trademark registration in India can be intricate, involving multiple steps and government procedures. At bmcsindia, we simplify this process for you. Here’s how we can assist:
Trademark Search
Start by providing essential information about your desired trademark and industry. Our experts will conduct a thorough search of the trademark database to determine its availability.
Class Selection and Document Collection
Our professional experts will guide you in selecting the appropriate class or classes that comprehensively cover all aspects of your business. Simultaneously, you can begin uploading the required documents for online trademark registration.
Trademark Application Filing
Upon receiving your documents, our expert team will verify their accuracy and completeness. We will then complete the trademark application form on your behalf, ensuring that all necessary documents are correctly submitted. We maintain transparency throughout the process and keep you informed by monitoring notifications from the Trademark Registry until the registration is completed.
Upon submission of the application, you can begin using the ™ symbol.
Trademark Objection (if applicable)
If the trademark examiner raises questions about your application, you may receive a trademark objection notice. Our experts can assist you in crafting a robust response and submitting the necessary documents and evidence.
We keep you informed about the status of your application and help you navigate any oppositions or hearings. After successful registration, bmcsindia can further assist with trademark renewal, trademark assignment, licensing, and any other post-registration services you may require.
Are you ready to protect your brand and secure your trademark in India? Take the initial step in safeguarding your business identity by obtaining Trademark Registration through bmcsindia. With bmcsindia, you can rest assured that your brand is in capable hands. Don’t delay any longer – ensure the validity and exclusivity of your trademark today. Get started with bmcsindia and safeguard your valuable intellectual property rights.
Trademark vs Copyright vs Patent
| Trademark | Patent | Copyright | |
|---|---|---|---|
| What’s protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of protection | As long as the mark is used in commerce. | 20 years | Author’s life span+ 70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |