Understanding Trademark Registration: Process, Benefits &
How to Apply in India

A trademark is a mark that uniquely identifies you, your business, your products, or the services you provide. Clearly stated, it is a mark of your trade or brand. There are many ways to define your Brand. You can use a name as your Trademark, you can use a smell, you can use a shape, or you can use an image.

Your property will get a unique identity but for that, you have to follow a process. First, check the availability of the trademark, and then choose the class selection, and document collection. Next, file an application, and lastly, if someone raises an objection then submit a counter statement to the Registrar within 2 months.

So, to protect this identity through online trademark logo registration in India, hire an expert to less down your effort, time, and money.

Benefits of Trademark Registration

After trademark registration, you will be the exclusive owner of your brand name in the eyes of the law. Other benefits of trademark registration are as follows:

Exclusive Rights on Product

The trademark registration provides you with complete rights over the trademark. The owner can apply for trademark registration for all the goods. By registering the goods, it provides exclusive rights to take action if anyone is found using a similar or identical trademark without authorised permission.

Builds Goodwill

After registering a trademark it provides goodwill and trust to the brand. When the brand becomes popular among customers then having a registered trademark will help loyal customers to recognise the brand. A trademark having good value and reputation will help in obtaining funds from different institutions.

Ensure Product Quality

While applying for the registration of a trademark, the products have to go through some tests, so having a trademark license shows the quality of the products. It creates an image among customers about the quality of products attached to a particular brand, and also helps to attract new customers. As customers always prefer goods which have value in the market.

Usage of Registration Symbol

Once the business got trademark registered, the owner can use the Ⓡ symbol on the logo. This symbol shows to the third parties that the brand is trademark registered, and cannot use it without permission. Also, the customer will get the assurance, that products and goods are original and have high quality.

Protection for Long Term

The validity of trademark registration is 10 years and it cannot be used in an unauthorised way by a third party for 10 years. Similarly, it provides the protection to brand in a cost-effective manner. After ten years, the owner has to apply for renewal of the trademark.

Trademark Classes

There are a total of 45 trademark classes in the country, and all the products and services are categorized into these classes

Some of the famous trademark classes in India are:

• Class 9: for trademarking computer, software, and electronics-related products and services
• Class 25: For trademarking clothing and apparel brands
• Class 35: For trademarking business management and advertising services.
• Class 41: For trademarking education and entertainment-related products and services.

Seek consultancy before Registration

As you might have already gathered, common laymen won’t be able to conduct the trademark registration procedure. But of course, you can try, but for guaranteed results, you need to take help of trademark registration agents. DisyTax is a team of trademark registration experts. We will organize your documents, we will file your application, and until your Trademark is published, we will be with you at every step of the way and then some.

For further online trademark registration in India inquiries, you can contact our experts.

Eligibility Criteria for Trademark Registration in India

How to register a trademark in India online? Before one moves to register the Brand logo, one must ensure that they have observed all the relevant pre-conditions before filing for a Trademark Registration. Therefore, we have enlisted the eligibility criteria for online trademark registration in India below for you:

• A trademark must be unique.
• A trademark should not be deceptively similar to an existing one.
• A trademark should be distinct from an existing one.

Who Can Apply For a Trademark

Any company can apply for a trademark registration to save their products and services. Below are the entities that can do a trademark registration:

Joint Owners: The joint owners can file a trademark application for registration, in the application both their names must be included.

Proprietorship Firm: A proprietorship firm cannot file an application under the name of proprietor or business. If they do so, then the application will be considered a separate

Partnership Firm: as per the Indian Partnership Act, a partnership firm form when two or more individuals include in a business to gain profits which are equally shared.

Limited Liability Partnership: The LLP companies have their own identities, so they can file the trademark registration under the name of LLP. But the partners cannot be the applicant.

Indian Company: Any company be it private or public, should apply for the registration of a trademark under the name of the company. As every incorporated entity has its own identity, the director cannot be a trademark applicant.

Society or Trust: A trust is formed on a legal agreement where the beneficiary holds property and the nominee trustee controls the assets and other operations. And a society builds when more people come together to fulfil a particular purpose. Both the trust and society can do trademark registration on behalf of the society and trust.

Individual or Person: Any individual who wants to register the unique symbol or words can file the trademark application under their own name. It is not necessary that they own a business.

Types of Trademark Registration in India

There are different types of trademark registration in India, these are as follows:

1. Product Mark

This type of mark is used on products only and not on services. It shows the origin of a good and product which initially maintains the reputation of a business. All the applications related to trademark classes 1 to 4 are classified as product marks. The time taken in registering a product mark is almost 18-24 months. Some examples are Nestle and Amul.

2. Service Mark

The service mark is similar to the product mark but it is not applicable to products. The main use of this service is to differentiate the proprietors and the legal owners of the service. The applications filed under class 35-45 come under service marks.

3. Collective Mark

These type of marks are owned by the association and organisations, these marks shows a collaboration of superior quality services and products. Also, two individuals can use this trademark to represent that they are protecting a product or service.

4. Certification Mark

This mark shows the origin of the product such as material, quality or any other detail that is provided by the proprietor. The main motive to this type of mark is to issue some standards to any product. Example – ISI marks, FSSAI marks.

5. Shape Mark

The shape mark protects a particular shape of a trademark so that consumers can identify the product from its structure and can buy from the right manufacturer. Example – Coke bottle and Dairy Milk shape identifies the brand.

6. Pattern Mark

Companies which are making some type of specific pattern products can trademark their products to protect the work. A company have to prove first that their work is unique. Mostly, this type of mark is used in the fashion industry, such as big brands have this Gucci, and Calvin Klein etc.

7. Sound Mark

This mark is to protect sound, for example in India, the IPL tune is famous, so it is a sound mark registered. To get the sound mark certification, the company has to show that sound is original. Different associations, institutions, or even individuals can apply for sound mark registration.

Documents Required for Trademark or Brand Registration in India

Online Trademark Registration Document requirements

To initiate the trademark registration online or brand name 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 trademark registration online, or even logo trademark registration process:

Individual/Startups

• Identity proof ( PAN card, Aadhar card )
• Business registration document

Company

• Shops Establishment License
• Certificate of Incorporation
• Address proof of the company
• PAN of company
• MSME certificate ( If applicable)
• Logo (if applicable)

Partnership firm

• The Partnership Deed
• PAN of partnership firm
• MSME certificate ( if applicable)

Limited Liability partnership

• LLP Deed
• PAN of LLP
• Logo ( if applicable )

Trust

• Trust Deed
• PAN of Trust
• Logo ( if applicable )

Step-by-Step Online Trademark Registration Process in India

Online Trademark Registration process in India

There are several benefits of registering a Trademark with the authorities. But How does one apply online for a Trademark? You must first obtain the trademark registration certificate to bask in the registration benefits. The steps of such a certification are as follows:

Step 1: Trademark Search

Before filing the registration application with the RoT, every applicant must conduct a Trademark Search in India. To conduct a Trademark Check operation in India, the applicant must consult the appropriate consultancy, which can conduct a thorough Trademark Search on your chosen logo. If the trademark design is unique, the applicant can proceed with the online trademark application filing.

Step 2: Application filing

First, you need to file the online trademark registration application. When filing this application, you need to make sure that you have access to all the requirements, namely:

• Your ID proof
• The Digital Signature certificate
• Your mark
• Your address proof

Step 3: Submit Application

Submitting the application leads to the Registrar of Trademarks receiving it. The examiner then checks the application and carefully creates and examination report.

Step 4: Application Assessment

The examination report can either yield positive or negative results. You shall be notified about the report by the department. Or, you will have to make a trademark registration inquiry to get the answers.

Step 5: Publishing the Trademark

The trademark application is accepted and will be published in the trademark journal.

Step 6: RoT registers the Trademark

Once in the journal, it shall remain published for four months. During this period, the general public can check the journal. Then, if the general public doesn’t oppose you trying to register the Trademark, your Trademark shall be registered. Then, the RoT will issue the applicant the trademark registration certificate.

Consideration before Apply For Trademark Registration

These are the important things to consider before apply for trademark registration:

1. Must ensure that your trademark will provide you with a unique identity.
2. Choose a coloured or black-and-white logo. Must ensure that you protect your brand colours and these colours should not be similar to other brand. A unique colour logo helps customers to remember the brand.
3. Select the appropriate class for the trademark registration, if you find multiple classes then you can submit the request for all the marks.
4. Verify your availability, check whether your desired trademark is available in each class or not. If you register online for multiple classes.
5. Claim the user date, which means the applicant has to choose the date on which the owner first uses the mark for commercial purposes. Because if two applications came, then priority will be given to the one who states the prior user date.

Note: Claiming a wrong user date is illegal, if the date is not confirmed, you can state “planned to be used”. Here the trademark will be safeguarded against future exploitation.

DisyTax Assistance in filing the Trademark Logo Registration in India

We at DisyTax provide end-to-end solutions for online Trademark Registration in Delhi. Our trademark registration agents provide you with the following services:

• Collection of information and starting the process
• Drafting the application
• Reviewing the draft and making changes if necessary
• Filing the application

DisyTax.com is a leading legal consultancy firm providing comprehensive services relating to Trademark Logo Registration in India. Contact us now if you seek to register your Trademark.