Trademark registration in India and anywhere in the world is important for any businesses. In simple terms, the trademark is a brand or logo which represents your business. It is a visual symbol that is used by the owner to distinguish its goods or services from other similar goods or services originating from different businesses. A trademark can be in the form of a word/ symbol/ logo/ brand name/ wrapper/ packaging labels/ tagline or it can be a combination of these. Trademarks are used by manufacturers or service providers to identify their own products and/or services. Trademark is used to distinguish the owners’ products or services from the products or services of its competitors.
Any person whether being an individual or a company or a legal entity, who is claiming to be the owner of the trademark can apply for registration for trademark. The application for registration for trademark can be filed within a few days and you can start using the “TM” symbol. And the time required for trademark registry to complete formalities of the trademark registration procedure is 18 to 24 months. You can use the ® (Registered symbol) next to your trademark after your trademark is registered and the registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed from time to time.
Trademark features:
- It identifies the service or product and its source
- It guarantees its quality
- helps in Advertisement for service or product
Trademark could be of different types:
- A name of the applicant or predecessor in business or the signature of the person
- A coined word / an invented word / any arbitrary dictionary word/words, not being directly descriptive of the character or quality of the goods/service
- alphanumeric or Letters or numerals or any combination thereof.
- Image, symbol, monograms, 3 dimensional shapes, letters etc.
- Sound marks in audio format
Some Example of trademarks:
Coca-cola and Pepsi are two trademarks from same industry i.e. beverages which distinctly identifies the source or origin of the goods as well as an indication of quality.
Trademarks in India are registered under the Trademark Act, 1999 and it provides the trademark owner the right to sue for damages incurred if any infringements of trademarks occur.
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However, a trademark cannot be registered if it is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made. Also, the trademark that would likely cause deception or confusion or is offensive may not be registered.
Documents required for Trademark registration procedure in India:
- Trademark or logo copy
- Applicant details like name, address, and nationality and for the company: the state of incorporation
- Goods or services to register
- Date of first use of the trademark if it is used by you prior to applying.
- Power of attorney which is to be signed by the applicant
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Caonweb is the best place in India which helps you get registration for trademark in a quick, easy and in a cost-effective manner. Our experts will guide you throughout the trademark registration procedure and get you your trademark certificate without any hassle.
Chartered Accountant by profession, CA Sakshi Agarwal has an experience of above11 years in Cross Border compliance , Import Export , International Taxation & is a passionate content creator.