Trademark Registration

What is Trademark Registration?
A trademark is an identifiable sign, design, or expression that distinguishes products or services from others and represents their source. It serves as a form of intellectual property, owned by individuals, businesses, or organizations. Trademarks can take the form of names, logos, slogans, or other distinguishing features that set a product or service apart in the market. Their purpose is to safeguard a brand's identity and reputation, while also preventing confusion among consumers. Registering a trademark grants exclusive rights to the owner, enabling legal action against infringement. Compared to unregistered trademarks, registered ones offer nationwide protection and broader rights. To qualify trade mark registration process, a trademark must be unique and distinctive.

Types of Trademark Registration in India

Here are the types of trademark registration in India explained in pointers:

  • Product Mark: This is a mark that is related to the products or goods and not the services.
  • Service Mark: This is a mark that is related to the services and not the products.
  • Device Mark: A device mark is a unique design that is used to identify a product or service.
  • Sound Mark: A sound mark is a unique sound that is used to identify a product or service.
  • Pattern Mark: A pattern mark is a unique pattern that is used to identify a product or service.
  • Shape Mark: A shape mark is a unique shape that is used to identify a product or service.
  • Certification Mark: A certification mark is a mark that is used to certify the origin, substance, method of production, quality, accuracy, or other features of products or services.
  • Collective Mark: A collective mark is a mark that a group of people or organizations uses to identify themselves with a particular product or service.
Advantages of Getting Trademark Registration

Businesses can benefit from trademark registration in India in multiple of ways. Here are some of the benefits of brand name registration in India:

 

  1. Exclusive Rights: The owner of the registered trademark has the exclusive power and rights over it, which discourages competitors from using similar names or logos.
  2. Protection of Brand Value: Trademark registration protects the brand value and reputation of a company, which is a valuable intellectual asset for a company.
  3. Legal Protection: Trademark registration provides legal protection to the owner of the trademark and provides many legal rights and benefits to the owner or the holder of the registered trademark.
  4. Global Trademark Registration: If one wants to register the trademark in countries other than India, the trademark registered in India can be used as the basis of international registration.
  5. Tangible Proof of Value: The registration of your trademark gives you concrete evidence of the worth and value of your goods or services. Customers associate a trademark with the quality of a service or product.
  6. Brand Recognition: Trademark registration helps in brand recognition and brand loyalty, which aids in attracting new customers because they can differentiate the quality of a product by the logo or brand name.

Frequently Asked Question

How can I register my trade mark?

A trademark can be registered in India by filing an application with the Trade Marks Registry. The application must contain details about the mark, its owner, and the goods or services for which it will be used.

What is the cost of registering a trademark in Chennai?

The cost of registering a trademark in Chennai varies depending on the type of application and the number of classes of goods or services for which the mark will be used. It is recommended to consult with a trademark attorney or agent for guidance on the process and associated costs. 

Why trade mark registration?

Registering a trademark provides legal protection and exclusive rights to use the mark in connection with the goods or services for which it is registered. This can prevent others from using a similar mark and diluting the brand’s reputation.

What is a trademark class?

 A trademark class is a category of goods or services for which a trademark is registered, and it helps to identify the scope of protection for the mark. It is important to choose the correct class when registering a trademark to ensure proper legal protection. 

What trademark applications are commonly rejected?

Incorrect classification can result in costly re-filing and delays in obtaining trademark protection. It is recommended to seek the guidance of a trademark attorney or professional to ensure accurate classification and successful registration. 



Do I need to file the trademark in my own name?

It is generally recommended to file the trademark under the name of the company, as it provides more protection and avoids potential personal liability. However, this decision should be based on individual circumstances and consultation with a trademark professional. 

How long will it take trademark India registration?

The timeline for trademark registration can vary, but it typically takes around 18-24 months. It is important to note that any issues or objections raised during the registration process can cause delays.