Trademark Registration
Trademark search and application filing under one class.
INR 5988 All Inclusive
INR 7899 24 % off
MSME
MSME
- Trademark Filing
- 1 Trademark Class
- Individuals & MSMEs
INR 11,988
All Inclusive
INR 13899 14 % off
Regular
Regular
- Trademark Filing
- 1 Trademark Class
- Non-MSMEs
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Trademark Registration
What is a Trademark?
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:
The selected mark should be capable of being represented graphically (that is in the paper form).
It should be capable of distinguishing the goods or services of one undertaking from those of others.
It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
Why Should You Register Your Trademark?
Trademark registration protects your rights to use the mark in association with your goods or services. It offers a robust shield against infringement, empowering you to take legal action against unauthorized trademark use. Upon successful registration, your trademark remains valid for ten years from the filing date, with the option to renew it indefinitely.
Who can Apply for Trademark Registration?
Trademark registration is open to a wide range of entities and individuals, including:
Types Of Trademarks
- Word marks: Word marks may be words letters or numerals. A word mark gives the proprietor a right only in the word, letter or numerical. No right is sought with respect to the representation of the mark.
- Device marks: Where the trademark lies in the unique representation of a word, letter or numerical, it is called as a device mark.
- Service Marks: A service mark is nothing but a mark that distinguishes the services of one person from that of another. Service marks do not represent goods, but the services offered by a person/ company.
They are used in a service business where actual goods under the mark are not traded. It is a mechanism available to protect marks used in the service industry. Thus businesses providing services like computer hardware and software assembly and maintenance, restaurant and hotel services, courier and transport, beauty and health care, advertising, publishing, educational and the like are now in a position to protect their names and marks from being misused by others. As service marks, the substantive and procedural rules governing for the service marks are fundamentally the same. - Collective Marks: Marks being used by a group of companies can now be protected by the group collectively. Collective marks are used to inform the public about a particular feature of the product for which the collective mark is used. The owner of such marks may be an association or public institution or cooperative. Collective marks are also used to promote particular products which have certain characteristics specific to the producer in a given region.
- Certification Marks: Certification marks are used to define standards. They assure the consumers that the product meets certain prescribed standards. The presence of certification mark on a product indicates that the product has successfully gone through a standard test specified. It assures the consumer that the manufacturers have gone through an audit process to ensure the quality of the product. For example, Toys, Electrical goods, etc. have such marking that indicates the safety and the quality of the product.
The difference between the certification mark and the collective mark is that the collective mark is used by a particular enterprise or members of the association while a certification mark may be used by anybody who meets the defined standards. - Well-known marks: When a mark is easily recognised among a large percentage of the population it achieves the status of a well-known mark. Well-known marks enjoy greater protection. Persons will not be able to register or use marks, which are imitations of well-known trademarks. In order to be well-known, a trademark needs to be known/ recognised by a relevant section of people. These people includes actual or potential customers, people involved in the distribution and business service dealing with the goods/services.
- Unconventional Trademarks: Unconventional trademarks are those trademarks which get recognition for their inherently distinctive feature.
Unconventional trademarks include the following categories:
- Colour Trademark: If a particular colour has become a distinctive feature indicating the goods of a particular trader it can be registered as a trademark. For example, Red Wine.
- Sound Marks: Signs which are perceived by hearing and which is distinguishable by their distinctive and exclusive sound can be registered as sound marks. For example, Musical notes.
- Shape Marks: When the shape of goods, packaging have some distinctive feature it can be registered. For example, Ornamental Lamps.
- Smell Marks: When the smell is distinctive and cannot be mistaken for an associated product it can be registered as a smell mark. For example, Perfumes.