Trademark Registration Online

Trademarks in India are administered by the Office of Patents, Designs, and Trademarks below the Department of Industrial Policy and Promotion and based on the Trade Marks Act, 1999. It is an important asset of any company. Any business is known by its name and protecting the name is equal to protecting the business. Hence, It is important to make sure that you have exclusive ownership to use the logo, slogan, shape and packaging of goods, sound, smell, colour combinations or anything else that gives your brand a distinct identity. Once the trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. There are five such trademark registry offices in India, Mumbai, Delhi, Kolkata, Chennai and Ahmedabad.

Registration of trademark provides the right to sue against others who try to copy your trademark and prevents others from using a similar trademark to the one registered by you.

Eligibility to Obtain Trademark in India

Trademark registration can be done by anyone from the list provided below –

  • An Individual
  • Start-up
  • Micro, Small and Medium Entity (MSME)
  • Sole Proprietorship
  • Partnership firm/ Limited liability partnership
  • Private Limited Company
  • Hindu Undivided Family
  • Non-Profit Organization

Types of Trademarks that can be registered in India

The trademark is the brand identifier regarded as intellectual property rights. The different types of trademarks help a brand recognise the brand by the consumers. In India, you can register and recognise seven trademarks under The Trademark Act 1999.This Act allows the registration of various types of trademarks such as word marks, service marks, collective marks, certification marks, series marks logos/symbols and many other.This trademark enables you to distinguish your product from other similar products in the market( competitors). Trademark registration helps companies or individuals protect their logo and name from being misused by any third party. This process proves a legal right that grants you the power to take any action against a third party.

Words and service marks

Word Marks are the most common types of trademarks that are registered in India. This trademark refers to any specific words used to identify a product or a service provided by a company. So, if the name of the product or service you are offering contains only letters or text, you can register it as a word mark trademark. The texts as 'Tata', ‘Nestle’ or ‘Maggi’ are good examples of word marks.Service Marks represent the service which a company or business deals in. They distinguish different services available in the market a

Shape Marks

We can categorise the appearance of the products under shape marks, and we can identify and register the products based on their appearance or packaging.The sole purpose of a shape mark is to safeguard a product’s shape so that consumers will associate it with a particular manufacturer and decide to buy the product.

Pattern Mark

Pattern marks only apply to products that have a distinctive pattern that was specifically designed for the item. Products with pattern marks have distinctive designed patterns that serve as the product’s identifying feature.

Logos and symbols

Logos and symbols refer to the printed design/ figure or character or painted figures or design denotes the firm's name, service, or product's name.

Certification Mark

The certification mark is created to show a specific quality standard that the company has met. This means that the public will be aware that the trader's goods or services are certified as it has met a particular standard, as defined by the certifying body that owns the certification mark.

Series Marks

Series marks, aka Series of trademarks, are regarded as a plurality of marks with either a common prefix or suffix. It is a radically new concept, but there are some norms for it in the Trademarks Act of 1999

Why register for a trademark?

Registering your trademark can help you get exclusive rights to use, licence, franchise or sell your mark. It can also help you to:

  • Prevent others from using the same or similar mark.
  • Prove your legal rights for use of the mark and allow you to use the ® symbol.
  • Avoid reliance on common law rights which can be difficult to defend.

Benefits of Trademark registration

A good trademark is easy to pronounce and remember. At the same time, it is also unique and has a distinctive character. A distinctive trademark helps customers distinguish your products or services from your competitors. Decision of a consumer approaching for purchasing any goods or services are highly influenced by the goodwill and reputation of the brand.

In India, trademarks that are registered with the trademark registry is generally perceived as reliable brand. There are many advantages to registering a trade mark. A trade mark can be your most valuable marketing tool and can help you to:

Builds Customer Loyalty & Goodwill : The quality of your product or service corresponding to the registered trademark establishes its goodwill and trust in the market among the customers. Moreover, the registered trademark helps in communicating the unique characteristics and vision of your company and its brand.

Exclusive Rights: Discourages others from using confusingly similar marks in the first place bymaking the mark easy to find in a trademark availability s earch, thereby preventing problems before they even begin.

Right of Filing Civil and Criminal Case: In Trademark Act both Trademark Applicant and Trademark owners being conferred right to take legal action against infringer of the applied or registered mark.

Differentiates Product: The purpose of a trademark is to have a distinguished brand identity. This is also one of the benefits of a trademark. This means, that a unique brand identity creates a brand appeal and attracts relevant consumer markets to buy a product.

Use of ® Symbol: Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark.

Use of ® Symbol: Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark.

BASIS FOR GLOBAL TRADEMARK REGISTRATION : If a person is willing to register the trademark in country/countries other than India, then the trademark registration in India can act as a good basis of registration with an established reputation there.

Security of the Brand Name: The Trademark Renewal in India will promise continuous and unhindered protection of the Brand Name from the other competitors in the market.

Form of Business PRIVATE LIMITED COMPANY ONE PERSON COMPANY LLP PARTNERSHIP FIRM PROPRIETORSHIP FIRM
Recommended For Startups & Growing Companies Sole Promoters Professional Services Companies Small Businesses Firms Small Traders, Agents & Manufactures
Prevailing laws Companies Act Companies Act LLP Act Partnership Act NA
Charter Documents MOA & AOA MOA & AOA LLP Agreement Partnership Deed NA
Limit of Members 2-200 1 2-Unlimited 2-20 NA
Separate legal identity Yes Yes Yes NO NO
Limited Liability Yes Yes Yes NO NO

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FAQs

A trademark is a distinctive sign, symbol, logo, word, phrase, or combination thereof used to identify and distinguish the goods or services of one business from those of others.

Registering a trademark provides legal protection and exclusive rights to use that mark in connection with your goods or services. It helps prevent others from using a similar mark and can add value to your brand.

Trademarks can include words, names, symbols, logos, slogans, and evenr sounds that are used to identify your goods or services.

You can use the TM symbol (™) with an unregistered trademark to indicate your claim of ownership. The ® symbol (®) can only be used once your trademark is registered. It signifies that your trademark is officially registered with the appropriate authority.

If someone uses your trademark without permission, you have the right to enforce your trademark through legal action, including sending cease and desist letters or filing a lawsuit for trademark infringement.