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What is Trademark Register?

A Trademark registration protects your brand and provides you with the tools to prevent someone using similar signs and riding on the back of your business. Trademark (symbolizing a mark in trade) means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and a combination of colors. Trademark registration in India is advisable to protect your brand.

Essentially It is anything which identifies a brand to a common consumer. “Mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination there of.

Types of Trademark Registerin India

1. Product Mark

In contrast to a service, a product mark is applied to a good or a product. A product mark assists in the identification of the product's origin as well as the preservation of the company's reputation. Because they represent commodities, trademark applications filed under the trademark 1-34 could be classified as product marks.

2. Service Mark

A Service Mark is similar to a product mark, except that it is used to identify a service rather than a product. The service mark's main purpose is to help distinguish the proprietors from the owners of other similar services. The trademark applications are submitted under trademark classes 35-45, which could be considered service marks because they represent services.

3. Collective Mark

The collective mark informs the public about the unique characteristics of the products and services that are used to represent a group. This mark can be used by a group of people to protect goods and services on a collective basis. A trademark holder can be an association, a public institution, or a Section 8 corporation.

4. Certification Mark

It is a sign issued by the proprietor that indicates the product's origin, substance, quality, or other specific data. The main objective of certification is to establish a product's standard and to provide buyers with assurance that the product has passed standardized tests to ensure quality. Generally, certification marks can be seen on packaged goods, toys, and electronics.

5. Shape Mark

The shape mark is used exclusively to secure the shape of a product so that customers associate it with a specific manufacturer and choose to buy it. Once it is determined that the product has a distinctive shape, the shape can be registered.

6. Pattern Mark

The pattern marks are for products that have a specific designed pattern that serves as the product's distinctive feature. Patterns that do not stand out as noteworthy are rejected. A pattern mark must stand out as distinct in order to be registered.

7. Sound Mark

A sound mark is a sound that can be linked to a product or service that comes from a specific supplier. Sound logos are also known as audio mnemonics, and they occur at the start and finish of commercials. The most popular sound mark in India is the tune for IPL.

Advantages of Trademark Register

Legal Protection:

Securing a Trademark not only protects your brand but also provides you with the tools to prevent someone using similar signs. Registering a Trademark helps you to establish your own brand and stops others from using it. It is a valid legal protection that you obtain by registering.

Unique Identity:

All are there in the name and brand. Your clients will know you only by your brand. They will identify your products and services with the brand attached to it. Registering your trademark ensures this. It automatically gives your product or service a unique identity, different from others.

Creation Of Asset:

A Well-Known brand or logo is an intellectual asset for the owner. You can very well capitalize on the same if the same is registered. There are numerous instances whereby registered brands can easily sell the franchise or lend the name for huge fees or royalties.

Trust & Goodwill:

Trademarks Speak for themselves. They are effective communication tools. They allow you to use the power of the internet and social media. It ultimately creates a sense of trust and goodwill in the minds of your customers.

Logo Design & Brand:

Logo Design and Branding helps your business stand out from the competition. A unique logo identifies key information of your business and builds a brand recognition and such logo design when trademarked adds to the value of the business.

Document For Trademark Register

For Indivisual / Proprietorship

Business Proof (Light Bill Copy)

PAN Card

Aadhaar Card

Form TM-48 Signed

Logo

Sales and Purchase Bill (2 copy)

Bank Statement (3 month)

ITR copy (2 years)

For Company / Partnership

Incorporation Certificate (If Company)

MSME Certificate

Partnership Deed (If Partner)

PAN Card

Aadhaar Card

Form TM-48 Signed

Logo

Sales and Purchase Bill (2 copy)

Bank Statement (3 month)

ITR copy (2 years)

1. What is Trademark?

Trademark means a mark which is capable of being signified clearly and providing uniqueness in goods or services of one person from those of others and may include shape of goods, their packing and color combination. Basically it is everything which classifies a brand to a common buyer.

2. Is the Trademark Registration compulsory?

Trademark Registration is not compulsory. Though, without registration no suit can be initiated for infringement of unregistered trademarks.

3. Can a Registered Trademark be modified at future date?

In future, we can modify the registered trademark as per the trademark act. Section 22 of trademark act deals with this provision, provided any substantial change is not allowed in the character of the mark as such any insignificant feature of the mark is allowed to be amended, if a request filed in the arranged layout.

4. What is the validity of a Trademark Registration?

Once the trademark is registered, it’s valid for 10 years from the application date. After that it can be renewed after paying renewal fees.

5. How much time it take to Register a Trademark?

Registration of a trademark is a long process and it takes around six to eight months to get the registration complete in a straight-forward case. Though, the trademark acknowledgement receipt having application number with allotted tm class is generally issued within one or two working days after filing.