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  • Writer's pictureCS Joseph Sequeira

Trademark Registration in India

Trademark Registration in India


The Trademark Act, 1999 deals with the protection, registration and prevention of fraudulent use of trademarks. It also deals with the rights of the holder of the trademark, penalties for infringement, remedies for the damaged as well as modes of transference of the trademark.


A Trademark can be defined as the unique identity that makes one's company, or product or service stand out from similar products. A registered trademark is a business’s intellectual property/ intangible asset. It has monetary value and protects the investment by creating trust and loyalty among one's customers.


Following attributes that can be registered as TM:


1. One can register a particular product’s name as a trademark.

2. One can register a Business Name as a trademark.

3. One can register a Person’s Name or Surname.

4. One can also register an abbreviation of name of a company or brand like 'BMW' .

5. One can also register a Logo/Symbol like Nike as it visually represents a brand.

6. One can also register a unique colour or a combination of colours.

8. One can registerc musical notes or sounds as a trademark if it can be proved to be distinctive.

9. Scent can also be trademarked.

45 Trademark Classes


There are 45 trademark classes and every product or service can be classified in these classes. One has to ensure that the application for the trademark is submitted in respect of the applicable class. Some of the popular trademark classes in India are:


Class 9: Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus

Class 12 . Vehicles; apparatus for locomotion by land, air or water

Class 25: which includes clothing,

Class 35: which includes business management and advertising,

Class 37 . Building construction; repair; installation services.

Class 39. Transport; packaging and storage of goods; travel arrangement.

Class 41: which includes education and entertainment.


There is stiff competition for a trademark within these trademark classes but there is legal protection if one's mark is distinctive.


Documents Required


1. Applicant in Form TM -48 giving the Applicant's name, address, business type, business objectives, desired brand/logo/slogan name, etc.

2. The following supporting documents:

(a) ID proof of the signatory (b) Address proof of the signatory (c) Business proof like trade license, Company /LLP Incorporation certificate, factory license, etc. (d) Board resolution /Authority letter (e) Udyog Aadhar/MSME registration certificate (optional)


Registration process


The best and quickest way to register a trademark is through the services of Professional Company Secretary. It starts as follows:


1: Begin a Trademark Search to check trademark availability if an identical or similar product, service or logo is registered in India with regard to the specific Industry, in the trademark database of the Registration Authority.


2: If the trademark is available, one may file an application stating the Class and file the prescribed document online.

The trademark 'TM' can be used immediately after making the application. The 'R' mark can be used only after registration. 'SM' means service mark.


Fees


The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individuals.


Handling Trademark Objections


Sometimes the TM Examiner may have some queries about the application. Hence he may send you a trademark objection notice which you need to reply to within 30 days.


Handling Trademark Opposition


In case any third party objects in writing opposing the TM application, one can submit a statement to the Registrar within 60 days giving reasons why the opposition is invalid. Thereafter, the Registrar may call for a personal hearing and pass suitable order on merits. This order is appealable before the Intellectual Property Appellate Board (IPAB) within 90 days of its publication.


The writer a Practicing Company Secretary with more than 30 years in project consultancy. He can be contacted for queries or assistance at the following address:

CS Joseph Sequeira

B.Com, LL.B, FCS, MICA

Practicing Company Secretary

Delfina Apts, Opp. Rosary Church,

Caranzalem, Panaji, Goa - 403004

Email : josephcf@yahoo.com

Phone: +91 8380087153

Website: www.csjoseph.in


Disclaimer: The information given in this document has been made on the basis of the provisions stated in the The Trademark Act, 1999 and other applicable laws. The information in this document is for general informational purposes only and is not a legal advice or a legal opinion. You should seek the advice of legal counsel of your choice before acting upon any of the information in this document. We are not responsible for any loss, claim, liability, damage(s) resulting from the use, omission or inability to use the information provided in the document.

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