- Trademark Registration in India
- A Trademark is an important Intellectual property right. It identifies or distinguishes you from the others. Trademark can be a name, logo, shape, trade dress, sound and smell, basically anything which identifies the source of origin for goods or services.
Trademark may be defined as any mark which is used in relation to goods for the purpose of indicating, or so as to indicate a connection in the course of trade between goods and some person having the right as proprietor to use that mark.
- What is the function of Registered Trademark?
The function of a registered trade mark is to give an indication to the purchaser or a possible purchaser:
a) As to the manufacture or quality of the goods.
b) Trade source from which the goods come.
c) The trade hands through which they pass on their way to the market.
Requirements of Trademark registration :
It is an important to collect the below listed information which would be required for filing the Trademark Application form for trademark registration.
Name of the Applicant – individual/company/proprietorship firm/trust/partnership filing the application. In case of joint applicants/partnership details of all the applicants/ partners.
2. Address of Applicant(s) filing the application.
3. Nature of the entity filing the application (individual/proprietor/partnership firm/ company/ HUF/ LLC).
4. Nature of products/services for which the logo/ mark is used- try to be as specific as possible.
5. Nature of your business (Manufacturer/ Trader/ Service provider).
6. If the mark is already in use then the approximate date since when the mark has been in used in India.
7. Date of the first commercial use of the mark anywhere in the world.
8. A copy of the mark/logo (preferably soft copy) for which trademark is sought.
9. A signed Power of Attorney (Form TM-48) on Stamp Paper in favour of the Trademark Agent/ Advocate.
Benefits of Trademark registration:
– It distinguishes you with others.
– Trademark develops as your brand .
– It markets your goods/services.
– It makes easy for your customers to identify you.
– A registered trademark gives you a legal right where you can protect your goodwill from free-riding .
– A trademark is not just a mark it is a valuable asset.
PROCESS OF TRADEMARK REGISTRATION IN INDIA
Step 1: Filing of an Application
Step 2: Examination of the Application
Step 3: Publication of the Application
Step 3.1: Opposition by Third Party (if that happens)
Step 4: Hearing before Registrar
Step 5: Registration of Trademark
Trademark registration process has been changed a lot after the introduction of new trademark rules 2017 by the government of India. Quick summary of these changes the new rules have distinguished the applicant into three main categories:
1) Individual/sole proprietorship
3) Body corporate
Not only we have three applicant types but fees and requirements for each of the categories has also been changed, now the Government fees for Trademark application i.e TM-A is Rs 4500 in case of Individual/sole proprietorship and SME/Startup and Rs 9000 for Body corporates- be it LLP, Partnership firm , Private limited Company or One person Company.
In case you are a new company and want to file Trademark application on your company’s name, you may now have to shell out Rs 9000 from your pocket apart from the professional fees.
In order to save this money, you may try to get your company register under start-up scheme or MSME Registration. Learn how you can save this money with expert post on Udyog Aadhar