How to get a Trademark Registration in India
What is a Trademark?
A Trademark is a name, symbol, figure, letter, word, logo, or a combination of these, in addition to smell as well as sound, adopted by a business, to identify and distinguish their goods and services from others, and to imply their source of origin as being from that business.
A trademark/logo is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or “marks” on their artistic or utilitarian products. Over the years these marks evolved into today’s system of trademark registration and protection. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs.
A trade mark can be a letter, number, word, phrase, logo, picture, packaging or any combination of these. It must be capable of distinguishing goods and services of one trade from those of another.
For businesses operating in a competitive marketplace, it is important to protect your business assets as well as distinguish your brands. A registered trademark can give you that extra edge in the marketplace, protecting your brand and setting you apart from your competitors. A registered trademark is a valuable and tradeable property.
In a larger sense, trademarks promote initiative and enterprise worldwide by rewarding the owners of trademarks with recognition and financial profit. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services. The system enables people with skill and enterprise to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade.
Under the Indian Trademark Act, which uses International Class of Goods and Services it is essential to file a trademark application for registration in proper classes using acceptable description of goods/services to obtain registration quickly.
Bhagnari & Co. shall not only file and prosecute applications for Trademark Registration in India, but shall also provide competent, quality services to form a proper strategy in maintaining an effective trademark portfolio.
What does a trademark do?
A trademark provides protection to the owner of the mark by ensuring an exclusive right to use the mark to identify his goods or services, and/or to authorize another entity to use that mark in return of consideration. The period of protection usually last for ten years, but a trademark can be renewed indefinitely beyond the time limit on payment of renewal fees. Trademark protection is enforced by the Courts, which has the authority to prevent trademark infringement.
In a larger sense, trademarks promote initiative and enterprise worldwide by rewarding the owners of trademarks with recognition and financial profit. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive marks to market inferior or different products or services. The system enables people with skill and enterprise to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade.
What kind of protection does a Trademark Registration in India offer?
Trademark protection means that the trademarked goods/services cannot be commercially made, used, distributed or sold without the trademark owner’s consent. These trademark rights are usually enforced in a court, which, in most systems, holds the authority to stop trademark infringement. Conversely, a court can also declare a trademark invalid upon a successful challenge by a third party. A trademark owner has the right to decide who may – or may not – use the trademark. The trademark owner may give permission to, or license, other parties to use the trademark on mutually agreed terms. The owner may also sell the right to someone else, who will then become the new owner of the trademark.
What kinds of trademarks can be registered in India?
The possibilities are almost limitless. Trademarks may be one or a combination of words, letters, and numerals. They may consist of drawings, symbols, three- dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors used as distinguishing features.
In addition to trademarks identifying the commercial source of goods or services, several other categories of marks exist. Collective marks are owned by an association whose members use them to identify themselves with a level of quality and other requirements set by the association. Examples of such associations would be those representing accountants, engineers, or architects. Certification marks are given for compliance with defined standards, but are not confined to any membership. They may be granted to anyone who can certify that the products involved meet certain established standards. The internationally accepted “ISO 9000” quality standards are an example of such widely-recognized certifications.
How to get a trademark registration in India?
First, an application for trademark registration in India must be filed with Indian trademark office. The application must contain a clear reproduction of the sign filed for registration, including any colors, forms, or three-dimensional features. The application must also contain a list of goods or services to which the sign would apply. The sign must fulfill certain conditions in order to be protected as a trademark or other type of mark. It must be distinctive, so that consumers can distinguish it as identifying a particular product, as well as from other trademarks identifying other products. It must neither mislead nor deceive customers or violate public order or morality.
Finally, the rights applied for cannot be the same as, or similar to, rights already granted to another trademark owner. This may be determined through search and examination by the national office, or by the opposition of third parties who claim similar or identical rights.
How extensive is trademark protection?
Almost all countries in the world register and protect trademarks. Each national or regional office maintains a Register of Trademarks which contains full application information on all registrations and renewals, facilitating examination, search, and potential opposition by third parties. The effects of such a registration are, however, limited to the country (or, in the case of a regional registration, countries) concerned.
In order to avoid the need to register separately with each national or regional office, WIPO administers a system of international registration of marks. This system is governed by two treaties, the Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol. A person who has a link (through nationality, domicile or establishment) with a country party to one or both of these treaties may, on the basis of a registration or application with the trademark office of that country, obtain an international registration having effect in some or all of the other countries of the Madrid Union. At present, more than 60 countries are party to one or both of the agreements.
Written by Mahesh Bhagnari, Patent & Trademark Attorney in India.
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