What does it mean when someone gets a trademark registration?

Trademark registration is the legal protection granted to a brand name, logo, symbol that is used to identify the product or service to encompass with that of a third party. For private companies, it is necessary to orient on the specificities of the trademark registration, since such organizations have positive aspects of individual characteristics to private companies, which can help to facilitate the registration and cost reduction.

Benefits of Trademark Registration:

• Exclusive Rights: Enables the owner an exclusive user right in relation to the trademark in the mentioned goods and or services.

• Legal Protection: Affords legal right against anyone who may seek to exploit it by making it his or her trademark or brand.

• Presumption of Ownership: Places a legal assumption on ownership and validity at the register.

• Brand Reputation: It assist in the branding process and in the development of the customers’ trust.

• Monetary Value: The benefits include the fact that a registered trademark will also enhance the worth of your business.

Trademarking means asserting ownership of your brand, or simply putting up a marker in the marketplace that you are using the particular trademark.

Applying for Trademark Registration in India

The possibility to register a trademark in India is available on the official website of Intellectual Property India (IP India).

• Trademark Search: The first step that any person would have to take when deciding on which trademark would like to employ would be to ensure that this trademark is as distinguishable as it is accessible. This means, a search through the register to determine whether the grant of protection for an identical or a similar mark for similar goods or services has been made or is being used. Search can be done either by using the search engine on your internet or engaging services of an attorney specializing in trademarks.  If you are also thinking at Conversion of a Public Company into a Private Company then you have to make sure that your new company and the name as a Brand Name in India and your trademark should not violate the provisions of any law in future.

• Choose Trademark Classes: You must decide which Nice Classification category best describes the goods or services you have to offer.

• Prepare Application:

2. • • Information like name, address of those applicants who have applied for that particular programme.

     • Trademark Symbol (icon, mark etc)

     • Declaration form

     • A power of attorney whenever an applicant wants to have a trademark agent.

     • Payment details

• Online Filing:

2. • Visit the website of IP India and register on the website by creating an account.

   • Indeed, completion of the correct and complete information in the online application form becomes a very important step. Acquiring fact-based information means that any application process runs smooth, and the applicant does not face an ordeal of being rejected or sent back to do the process again.

   • Submit the required papers.

   • Pay the government fees.

• Examination:

2. • When you file your application, the Trademark Registry will assess it based on the trademark law.

   • If there is an objection raised then one may have to defend to, or to make changes on the application as well.

• Publication:

2. • If the application is to be filed, the trademark will be then published in the Trademark Journal to coincide with an opposition.

• Registration Certificate:

• • After successful registration the applicant shall be issued with a trademark registration certificate.

Important Considerations:

• Professional Assistance: Consider hiring a trademark attorney to guide you through the process and handle complexities.

• Timeframe: Trademark registration may take between several months to as long as a year.

• Maintenance: Renew your trademark periodically to maintain its validity.

Additional Resources:

• Intellectual Property India (IP India): https://ipindia.gov.in/

• Trademark Search Tools: Available online for conducting preliminary searches.

The cost of trademark registration in India depends on two primary factors:

1. Type of Applicant:

• Individuals, Startups, and MSMEs: Government fee is four thousand five hundred for each class.

• Companies: The government fee is Rs. 9,000 per class.

2. Number of Classes:

• The ability to register a trademark for multiple classes of goods or services is crucial for businesses offering diverse products or services under the same brand. However, it's important to note that the cost increases proportionally with each additional class.

• Such means that the cost increases with the increasing number of classes in a manner that can be described as proportional.

Example:

• Registering a trademark for one class as an individual would cost Rs. 4,500.

• Registering a trademark for two classes as a company would cost Rs. 18,000 (Rs. 9,000 per class).

Disclaimer

The information provided in this blog is purely for general informational purposes only. While every effort has been made to ensure the accuracy, reliability and completeness of the content presented, we make no representations or warranties of any kind, express or implied, for the same. 

We expressly disclaim any and all liability for any loss, damage or injury arising from or in connection with the use of or reliance on this information. This includes, but is not limited to, any direct, indirect, incidental, consequential or punitive damage.

Further, we reserve the right to make changes to the content at any time without prior notice. For specific advice tailored to your situation, we request you to get in touch with us.