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Trademark Registration in India

Are you finding it difficult to register for a trademark? At Canjain , we ensure a seamless trademark registration process with quick approvals!

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Trademark Registration– An Overview

Trademark registration in India is a process that safeguards your brand legally. The process protects brand names, logos, symbols, or slogans, facilitating exclusive rights to the businesses to use their mark. Trademark prevents the unauthorized use of your brand’s originality in the market. However, to register a trademark, you must follow a series of steps, including filing an application with the Indian Trademark Office, undergoing verification, and responding if any objections are raised. A registered trademark is valid for 10 years and can be renewed.

Trademark registration is essential for boosting your business’s credibility, offering protection against infringements, creating a valuable asset, and facilitating global trademark protection. A trademark registered in India helps you expand your business globally by safeguarding your interests internationally. If you are looking to register trademark, you must connect with our seasoned IPR experts today.

What is a Trademark??

A trademark is a distinctive symbol, word, logo, or name a business uses to identify its products or services. A trademark helps distinguish a brand from its competitors through its unique identity. Registering a trademark offers legal protection, thwarting others from using or copying the brand and its identity. It also helps build customer trust by providing authenticity.

Benefits of Trademark Registration

Trademark registration in India gives legal protection, boosts brand credibility, and secures exclusive rights, helping businesses grow and thrive in a competitive market. Thus, business owners give priority to register trademarks and protect their brands.

Brand Protection

Trademark registration grants businesses exclusive rights, helps prevent unauthorized use of your brand name or logo, and ensures legal security against infringement.

Trademark Registration processLegal Rights

It offers legal ownership and facilitates your actions against infringers and your claims for compensation for any misuse. Trademark registration allows you to use legal recourse in case of violations.

business control in Trademark Registration Business Credibility

A registered trademark boosts your brand’s credibility, demonstrating legitimacy and professionalism and promoting trust with customers and investors.

cost effectiveness in Trademark RegistrationMarket Differentiation

Trademarks help distinguish your products from competitors in the market. They reflect your unique brand identity and encourage brand recognition in the marketplace.

tax benefit in Trademark RegistrationAsset Creation

In the long run, your trademark becomes an intangible business asset. You can create a revenue generation stream through a franchise or a license, which offers long-term financial benefits.

advantages Trademark RegistrationGlobal Protection

Registering your trademark helps you secure international protection, making it easy to penetrate global markets for expansion. It safeguards your brand across different markets worldwide.

Eligibility Criteria for Trademark Registration

To register for a trademark, you must fulfil the below-mentioned criteria:

Eligibility Checklist to Register Trademark
  • The trademark must be unique and should not be registered already.
  • Any legal entity, including individuals, businesses, and NGOs, can apply.
  • Trademarks must clearly reflect specific goods or services under your brand.
  • Trademarks should not contain marks that are misleading or deceptive.
  • Common or generic terms cannot be registered as trademarks.
  • Trademarks that are confusing or similar to existing trademarks can’t be registered.

Checklist – Who All Need to Register Trade Mark?

  • Business Owners – To protect their names, logos, and products from being copied.
  • Startups – To ensure a unique brand identity and to attract investors.
  • Service Providers – To protect their goodwill in the competitive market landscape.
  • Entrepreneurs – To build their brand reputation and legal ownership.
  • NGOs – To protect their logos or slogans that reflect their mission and cause./li>
  • Artists/Designers – To safeguard intellectual property rights for their distinctive designs or names.
  • Other Professionals– To secure their intellectual property rights and keep infringers and copycats away.
 
Documents Needed for Trademark Registration

Here is a list of documents required for trademark registration, which an applicant must submit at the time of applying. These documents include:

  • Applicant’s Name – Provide identity proof such as a PAN Card or Aadhar Card.
  • Documents like Aadhar Card or PAN Card to verify the identity of the applicant.
  • Utility Bills – electricity bill or gas bill to verify the applicant’s address proof.
  • Passport to verify the nationality of the applicant.
  • Certification of Incorporation is required to verify the applicant’s business registration.
  • Trademark details to confirm the specific information related to goods or services.
  • Duly signed Form TM-48 to verify the Power of Attorney.
  • User affidavit with evidence of prior trademark use (only if applicable).
  • Legal entity proof such as a Partnership Deed or Udyog Aadhar Registration Certificate.
  • Letter of Authorization (LoA)—Authorizing the use of a particular trademark by a certain company or individual.
  • Business Objectives – To ensure the protection of trademarks and prevent unauthorized usage.
  • Submit detailed related to – Logo, Slogan and Brand.
  • Submit the business address proof.
How to Register for a Trademark Online?

The step-by-step procedure to obtain trademark registration online comprises various stages. Let us explore the process to register for a trademark online:

Trademark Search

The first step to register for a trademark includes conducting an in-depth search to ensure the selected trademark is unique and does not infringe upon any previously registered or existing trademark.

Application Submission

The next step in trademark registration online is submitting the trademark application to the Trademark Registry. It comprises applicant details, trademark graphic, and other important details related to goods or services.

Trademark Office Review

The next step in the trademark registration process includes application review by the Trademark Office to check if new trademark matches existing trademarks and meets the registration criteria.

Trademark Objection

If the Trademark Office raises objections after submission, the applicants may clarify these objections with a proper response. To avoid quashing the application, the applicant must address objections within one month.

Trademarks Journal Publication

Once the third step is completed, the trademark application is published in the Trademark Journal. Third parties are given four months from the publication date to oppose the trademark by submitting a notice in Form TM-O and the requisite fees to the Trademark Registry.

Proceedings for Opposition

If the opposition continues, the opposer and the applicant must submit adequate evidence to support their claims. The parties can also ask for a hearing. After considering the arguments and evidence provided, the Registrar approves or rejects the trademark.

Business That Use Trademark and Registered Trademark

Some businesses where trademark and registered trademark hold special significance include the following.

Important Businesses & Industries:
  • Technology & Software Safeguards brand names, logos, and names of software products.
  • E-commerce & Retail Trademarks protection for online platforms, product names, and packaging.
  • Pharmaceuticals Safeguards medicine names, medical devices, and packaging designs.
  • Fashion & Apparel Protects brand names, logos, product lines and designs.
  • Food & Beverage Guarantees brand protection for restaurant chains, product packaging, and recipes.
  • Media & Entertainment Safeguards logos, names, jingles, and creative content.
Other Significant Businesses & Industries:
  • Automobile Industry Trademark protects logos, designs and models.
  • Hospitality & Tourism Protection for names of hotels, services, and logos.
  • Education & Training Safeguards brand identity of institutions and online platforms.
  • Consumer Goods Protects names, logos, and packaging of household products.
  • Financial Services Protects trademarks for financial products, services and bank names.
  • Real Estate Safeguards brand names for real estate companies and other projects.

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Why Choose Canjain for Your Trademark Registration in India

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