Trademark Registration Apply: Meaning, Documents & Process

Trademark registration is crucial for businesses to protect their brand identity and intellectual property. By securing a trademark, companies can legally safeguard their unique symbols, names, and logos from unauthorised use. This blog will guide you through the meaning of trademark registration, the essential documents required, and the step-by-step process involved.

What is a Trademark?

A trademark is a unique expression distinguishing a product or service from others. It can be a word, image, slogan, graphic, logo, colour combination, or sound, indicating the trademark owner has complete rights to use it. Once registered, a trademark search will show an individual or company as the trademark owner, and no one can use or replicate it legally.

Who can Apply for a Trademark?

The trademark owner must apply for trademark registration by filling out a form. The applicant whose name is mentioned in the form becomes the trademark owner once registered. Any company, individual, or LLP can apply for trademark registration for a particular trademark.

What are the Different Types of Trademark Registration?

When you go through the trademark search in India, you will find two types of trademark registrations:

1. General trademarks, including generic, suggestive, descriptive, arbitrary, and fanciful marks.
2. Specific trademarks include trade dress, name, collective, house, service, certification, position, sound, pattern, hologram, multimedia, logotype, motion marks, or family of marks.

Documents Required for Trademark Registration

Here is a list of documents required for trademark registration:

• Address proof and ID proof
• PAN and Passport
• Copy of logo
• Form 48 with signatures
• Udyog Aadhaar Registration Certificate
• Incorporation deed or Partnership deed

What are the Eligibility Criteria for Trademark Registration?

Different individuals or businesses should fulfil unique requirements to apply for trademark registration. These include the following:

• Individuals: They must not be engaged in a commercial activity
• Joint Owners: The application must include the names of both owners
• Proprietorship Firms: The application should be in the owner’s name and not in the proprietorship or business’s name
• Partnership Firms: The business should have no more than ten members, and the application should contain the names of all the partners
• Limited Liability Partnerships or LLPs: The application should be in the name of the LLP, with each partner having a unique identity
• Indian Companies: Limited, Private limited, or other Indian companies must apply in the business’s name
• Foreign Companies: The application should contain the registered name abroad and indicate the nation, registration’s kind, and applicable law
• Trusts or Societies: The application should identify the controlling trustee, secretary, or chairperson of the society or trust

How do you apply for trademark registration online?

A public search of a trademark is essential before applying for trademark (TM) registration online. The TM search ensures the trademark you are trying to register does not already belong to an individual or entity. If the trademark is not shown in the registration, visit the official Trademark Registry portal (https://ipindiaonline.gov.in) to initiate the application procedure.

How do you register a trademark for a brand name in India?

Follow this stepwise procedure to register a trademark for a brand name in India:

• The first step is to check trademark names to avoid any infringement issues
• Next, fill in the online application form to file for registration
• Apply to the trademark registry along with the necessary fees and documents
• After examining the application, the examiner will ensure it meets all the registration requirements
• Once the registry accepts the trademark application, it will be published in the Trademark Journal for 4 years, and during this period, anyone may present their objection or infringement issue
• After the objection period ends, the examiner approves the application and issues a registration certificate with a Trademark Office seal

What are the Benefits of Trademark Registration?

Trademark Registration offers numerous benefits, including the following:

• Provides legal protection to the brand
• Prevents infringement within the nation
• Distinguishes the product and service from its rivals
• Builds trust between the business and its consumers
• Provides global protection and legal recognition in other countries
• Secures the business’s future
• Gives solitary rights to the trademark owner
• Provides financial benefits by building a strong market position

Read Also : What is a Sole Proprietorship business?

FAQs About Trademark Registration

How do you get a trademark registered?

You must visit the official Trademark Registry portal (https://ipindiaonline.gov.in).

Can I register a trademark internationally?

You can contact each country's trademark office or use the WIPO's Madrid System for international trademark registration. WIPO stands for World Intellectual Property Organisation.

What are the common reasons for trademark application rejection?

Conflict with an existing trademark is the most common ground for rejection. These can be descriptive, similar, offensive, or confusing words or designs.

How can I enforce my trademark rights after registration?

After registration, you must monitor your trademark usage, maintain paperwork, and renew it regularly to avoid infringement.

How can I check the status of my trademark application?

To check the trademark registration status, visit the official Trademark Registry portal (https://ipindiaonline.gov.in), select the National/IRDI number, enter your trademark application number, and view its status.

How many days does it take for trademark registration?

The trademark registration process may take 18-24 months to complete. However, you obtain your application number within two days.

What is R and TM in a logo?

The TM symbol indicates a product is in the process of registering the trademark. However, the ‘R’ symbol signifies successful registration.

What is a good trademark?

A unique and distinctive trademark sets your product apart from competitors. It is creative, unconventional, and memorable, making your brand easy to identify.

What is the validity of a trademark?

A trademark is valid for a period of ten years from the date of application, but it can be renewed upon payment of the applicable fee.