Overview

A Trademark can be defined as the unique identity that makes your brand stand out from the rest. A registered trademark is your business’s intellectual property and also commonly referred as an intangible asset. It protects the investment made into creating trust and loyalty among your customers.

The registration provides the right to sue against others who try to copy your trademark or pass off and prevents others from using a similar trademark to the one registered by you.

What can you register as a trademark?

Many aspects of your brand image or brand name can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers. Pick that aspect(s) for registering.

Wordmark: A wordmark, is usually a distinct text only typographic treatment of the name of a company, institution, brand or product name used for purposes of identification and branding. It gives one the exclusive right over the words (Individually or as whole).

Logo or Device: A Device mark, popularly referred as Logo, includes any sticker, label, logo, monogram, or any artistic image other than a word mark. Device mark doesn’t give one the exclusive right, however, under device mark the applicant can altogether protect both word and it’s logo. However, it is recommended to file Word mark and Device separately for exclusive protection of the Brand. For example, NESTLE is a registered device.

Colour Marks: A colour trade mark is a Trademark where at least one or multiple colour combinations are used to perform the trade mark function of uniquely identifying the commercial origin of products or services. In recent times colours have been increasingly used as trade marks in the marketplace. The colour combinations become the brand itself and become known by it for that particular product. The public tends to associate the scheme with the specific product. For example, FLIPKART’s logo is a registered colour mark of the brand, wherein brand has protected the said colour combination. Even the other brands, with unique names can not register the said colours for similar services which would result into passing off. For example, BISLERI’s single colour is a registered device mark. 

Sound Marks: Sound form of trademarks are the "mark" consist of sound graphics that distinguishes the products and services of one from the other. The notations of sound that are graphically represented can be registered as trademarks. Musical notes or sounds can be trademarked if we can prove that it's distinctive. For example, Nokia has trademarked its tune. For example, IPL has its famous tune trademarked.

Person’s Name/Surname: Although, personal names and common surnames are prohibited to get itself registered as a Trademark, However, If your name plays an important part in generating revenue, then you can even trademark your name. For example, Shah Rukh Khan has trademarked his name.

Abbreviations:Abbreviations of a company or brand name can also be a trademark. For example, BMW (short of Bayerische Motoren Werke AG) is registered abbreviation.

Symbol: A letter, character, or sign used instead of a word to represent a quantity, position, relationship, direction, or something to be done can be Trademarked. For example, the “Swoosh” symbol of Nike is registered trademark.

Tagline: If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC’s ‘It's finger lickin' good’.

Benefits?

Trademark Registrations is an Asset: A trademark is an intangible asset to business that adds value to it. It differentiates the product or service from the competitors prevailing in the market. Like in real estate business, the value of asset appreciates over a period of time. Likewise, the value of trademark to grows exponentially as the business grows. Like tangible assets, trademarks can be purchased, sold or can be used as a security for obtaining a loan from the financial institutions. Hence, it is important for all businesses to protect this valuable asset.

Serves as Marketing Tool: Trademark can resemble with the brand as they attract the customer, stands apart, easily identifiable from the rest of the others. Trademark is a marketing tool for your business. A trademark is a sign of commitment to the company, reputation, and integrity that helps the consumer in purchasing decisions.

Trademark registrations is valid for 10 years: Once, the trademark is registered it will be valid for next 10 years from the date of application. In between these 10 years, no legal obligations, no fees and other statutory requirement regarding maintain trademarks to be done.

Exclusive Rights: The owner of a registered trademark has exclusive control over it. The owner can use the same trademark for all other products falling under the class(es) specified in the application. Furthermore, the proprietor has exclusive ownership of the trademark and can restrict others from using it in the class(es) in which it has registration. It also grants the owner the right to prosecute against any unauthorised infringement.

Builds Trust and Loyalty: Trademarks represent the reputation and excellence of a good or service. Registering a trademark develops confidence and recognition among customers in the market. Moreover, it aids in the development of loyal and long-term clientele who will consistently pick your trademarked brand over others.

Differentiates Product: Trademark registration makes it easy for customers to find your products. It distinguishes your product or service from your competitors and all the while serves as an effective promotional tool. Further, this is because your trademark or logo represents your organization’s vision, quality, and one-of-a-kind trait

Legal Right to Use the ® Symbol: When a trademark is registered, you may use the ® symbol on your logo to indicate that it is a registered trademark and that no one else can use a similar trademark. In the event, another person utilizes the trademark without your permission, you can sue for such blatant infringement of your exclusive rights of usage in the court of law.

Safeguard Against Infringement: If someone uses a trademark without the endorsement of the owner or makes any misleading utilization of the same, the owner can get an injunction against the act and stop the individual from utilising the trademark unauthorized. No one else, including competitors, have rights to use your trademarked logo.

Protects against passing off: A registered trademark can be used as an effective weapon against unfair competition. Today the marketplace is filled with copycats and counterfeiters who exploit unscrupulously used brand names for their own benefits and tries to pass off the benefits. A registered trademark is an effective deterrent against such unfair competition. Under trademark act, remedies are available to the owner of a trademark for unauthorized use of their mark or its imitation by a third party.

What is the registration procedure for filing the trademark application?

The process of Trademark registration is both in online and offline mode. However, in online mode 10% rebate is provided by the department. The application is to be filed in form TM-A on official IP India website through Agent/Attorney portal or through client portal. Below is the detailed process of Trademarks registration in INDIA.

Step 1: Trademark Public Search

Once you provide us with basic information like name of brand, logo, prior user claim, goods/service description. Then we shall perform a detailed check on Public portal, to check similar marks and there status. After which, we shall provide you with the generated reports and chances of getting Trademark registered. This is to check whether the mark you want to register is prima facie available or not.

Step 2: Class Selection and Document Collection

There are 45 classes under NICE classification. Wherein Class 1 to 34 are for goods and class 35 to 45 are for services. The next task is to select the appropriate class(es) for your business objects. There could be multiple classes for your business objects as well, which we shall inform you and select the appropriate classes. Our experts will guide you in selecting the right classes to cover all aspects of your business. Simultaneously, you can start uploading all the required documents (list given below) for trademark registration in our client portal.

Step 3: Trademarks Application Filing

Once you upload all the documents, our team will proceed to verify them. Then the trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error-free.

We will keep you updated throughout the process and watch out for any notifications from the Trademark Registry until the registration is complete.

Step 4: Trademark Objection/Examination report (in few cases)

Sometimes, if the examiner feels that your application is incomplete, or the mark is descriptive or is not distinctive or is similar to other existing marks or is prohibited mark, then the examiner will raise the objection as examination report. Then, the reply to examination report shall uploaded withing 30 days. Our experts can draft a strong response to the examination report and guide you in submitting the right documents and proofs.

Step 5: Trademark Opposition (in some cases)

There is also a chance for a third party to oppose your application. In that case, you have to submit a counter-statement to the Registrar within 2 months stating why the opposition isn’t valid. Based on your response and evidences, the Registrar may either dismiss the opposition or call for a hearing.

Step 6: Trademark Hearing (in some cases)

In case, after filing the Trademarks application and thus filing of response to examination report, if still the examiner is not satisfied by the response and/or the documents uploaded, then the application will be marked for show cause hearing and the hearing shall be allotted for same. There can be maximum of 4 hearing for each application.

Step 7: Trademarks Registration

Wherein there is no objection raised, the mark shall be accepted and thus advertised in the Trademarks journal, then if no opposition is received within 4 months, then the mark should be move forward for registration and the registration certificate shall be issued, after 4 months of advertisement in Trademarks journal.

Further, in case the objection is raised, and the examiner is satisfied with the reply, then the examiner shall accept the mark and thus publish for advertisement in Trademarks journal, then if no opposition is received within 4 months, then the mark should be move forward for registration and the registration certificate shall be issued, after 4 months of advertisement in Trademarks journal.

Further, in case wherein the objection is raised and the examiner is not satisfied with the reply, then the hearing shall be allotted. In Hearing, if the examiner is satisfied by the merits of the case, then the mark should be accepted and move forward for registration and the registration certificate shall be issued, after 4 months of advertisement in Trademarks journal.

Documents required for trademark registration

General Requirement:

• Name and Nature of the applicant.
• Address, Email, Phone of the applicant.
• Copy of PAN and Aadhaar.
• Word Mark or Logo or Image, which the applicant wishes to register.
• Goods or Service description.
• Certificate of Incorporation (in case of Company)
• Partnership Deed (in case of Partnership firm or LLP)
• MSME certificate or Startup Certificate (to avail 50% rebate in government fee)
• Power of Attorney (Format to be provided by Startup Sampark) 

Special requirements:

• User Affidavit (Format to be provided by Startup Sampark) (in case of prior user claim)
• User Proof (To be attached with User Affidavit as user claim)
• No objection Certificate (in case Previous owner or third party has given permission to use already existing mark)
• Any other document, to be called by us for case-to-case basis.

Startup Sampark procedure for
Trademarks Registration

Trademarks registration is very detailed procedure, which requires keen knowledge, procedure and team of professionals.

Each Trademarks application has its tailored requirements. We at Startup Sampark have a full-fledged, dedicated team of professionals.

You are required to fill the form and our expert will reach out to you, to know the exact requirement and gather information.

Then our experts at STARTUP SAMPARK will be at your disposal for assisting you with guidance concerning Trademarks Registration and its compliance.

Our professionals will assist you in planning seamlessly at the least cost, confirming the successful conclusion of the process. We shall guide you with Do’s and Don’t’s as well. We will begin working on your request once all the information is provided, and the payment is received.

Why Startup Sampark?

At StartUpSampark, we understand the significance of safeguarding your intellectual property through comprehensive trademark services. Our dedicated team of trademark consultants specializes in facilitating seamless trademark registration and trademark application online. We offer expert guidance for logo registration and brand registration, making us the best trademark consultant in India.

With our user-friendly online trademark platform, you can conveniently initiate the trademark registration process from the comfort of your home or office. Our commitment to excellence has positioned us as a trusted source for trademark services, ensuring that your intellectual property rights are protected efficiently.

As the leading online trademark consultant, we take pride in providing the best trademark solutions tailored to your business needs. Whether you are a startup or an established business, our expertise in trademark in India is unparalleled. Explore the ease and convenience of securing your brand identity with StartUpSampark's trademark registration and application services today.

Startup Sampark is one of the platforms which coordinates to fulfil all your Secretarial, Legal, Licensing and Taxation requirements and connect you to consistent professionals. Our team consist of Chartered Accountants, Company Secretaries, Cost Accountants, Advocates, Patent and Designs Agents, Trademarks & Copyright Attorneys.

We are a management consultancy and technology platform to simplify legal and business related matters. We are committed to help start-ups, small business owners and non-compliant businesses in solving their legal, secretarial and taxation compliance related to setting up and running the business smoothly and compliantly.

Our clients can also track the assignment progress at all times through a dedicated portal provided to you along with User Id and Password. You can comment and find the resolution and ask questions on the dedicated portal provided to you. If you have any questions about the Trademarks registration process, our experienced representatives are just a call away.