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Trade mark, in simple words, is a recognizable phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trade mark exclusively identifies a product as belonging to a specific business. It is a form of intellectual property. It can be a corporate logo, slogan, brand or simply the name of the product.

Purpose

Benefit of trademark registration: 

Advisable to take this registration when you want to trade your products or services with an exclusive name or brand and you want to create a unique identity for the business. It creates trust in the minds of the customers.

  • It protects the elements that identify the source, owner, or developer of a product or service
  • It protects the product from being used without the permission of the source company or being misused

Process of Trade mark Registration

  • Any person, may be individual or start-up or company or LLP, etc. can apply for the trade mark registration
  • Visit http://www.ipindia.gov.in for trade mark related information and registration.
  • Choose a unique name, word, etc. for your trade mark and check it's availability through Public search of Trade Marks
  • For online application, create login credentials on the link https://ipindiaonline.gov.in/trademarkefiling/user/frmloginnew.aspx
  • Fill the application form TM-A "Application for registration of a trademark /collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes". Form TM-1 is filed for "Application to register a trade mark for a specification of goods or services included in one class".
  • The form contains some basic details about-
    • Applicant details
    • Address
    • Applicant's agent(if any)
    • Category and description of mark
    • Class and description of Goods or Service
  • File the application of trade mark registration to the Registrar Office of Trade Marks. It's better to file online application as physical application takes longer time to process. In order to receive the receipt of acknowledgement, you have to wait for 15 to 20 days in case of physical application, while you receive the receipt of acknowledgement instantly in case of online application.
  • The Registrar shall examine the application considering the conditions of trade mark.
  • The Registrar then, shall publish the trade mark name or brand name in the Indian Trade Mark journal. Opposition, if any, can be filed by any other party within a period of 4 months.
  • Where no objection is raised, you can start using the symbol TM.
  • Where any objection is raised, you need to provide a justifiable reason or response for the same. After that, the Registrar may approve the application.
  • Once the application is approved and the Registrar issues Registration Certificate with the seal, you can start using the registered trade mark symbol ®.

Documents required for Trademark Registration:

  • Identity proof of applicant- Aadhar card, Driving license, Passport, Ration card, Voter ID
  • PAN card
  • Business Registration proof- Certificate of Incorporation, etc.
  • Address proof of applicant- Utility bills like Electricity bill, Water bill, etc.
  • Logo and brand name