Trademark registration is the legal process of protecting a brand name, logo, symbol, word, slogan, or design that distinguishes a business’s goods or services from others. In order to register it, one must conduct a trademark search, file an application with the controller general of patents and trademark designs, have the application examined, address any objections raised, and if approved, the application will be published in the trademark journal. Upon being published, the applicant may obtain ‘registered trademark’ status after no opposition to their application has occurred.
A registered trademark provides the owner with exclusive ownership rights to use the mark, prevents others from using or infringing upon the mark, and entitles the owner to use the ® symbol. A trademark is registered for a period of ten years, and can be renewed indefinitely, thereby providing ongoing security for the owner.
At Abhinav Suresh Advocate CA, we make the trademark registration process as easy as possible by providing professional, full-service trademark searching, class selections, document preparation, online filing and tracking of applications. We handle all objections and hearings so your application will be in full compliance until you receive your certificate. Some of the services we provide as part of our trademark registration service include:
A trademark is a unique word, name, symbol, logo, phrase, design, or a combination of these elements that identifies and distinguishes the goods or services of one business from those of others in the market. It serves as a brand identity that helps customers recognise the source and quality of products or services. Trademarks used by businesses can include brand names, logos, taglines, product names, sounds, colours, or packaging styles which give them a unique identity compared to their competitors.
In India, trademarks are regulated under the Trade Marks Act 1999, and are eligible for registration to protect exclusivity of use and to prevent others from using a trademark without permission. Registration of a trademark will also add to brand equity, develop consumer loyalty and provide protection against acts that infringe upon or misuse the trademark.
Anyone can apply for trademark registration in India if that person, business entity, or organisation has an intention of using a specific mark to identify their goods or services. In other words, an applicant must either be the owner of the mark or claim that they have the legal right to use that mark in commerce. However, depending on how the ownership of the brand is structured, the application may need to be filed by multiple places. There are several types of applicants, namely:
Individuals: They can apply for trademarks as an individual (freelancers, entrepreneurs, or brand owners)
Proprietorship Firms: Typically the proprietor will apply for the registration of a trademark in their name (since the proprietor is both the owner and the business)
Partnership Firms: A partnership firm typically registers trademarks in the name of the partnership, including the names of all the partners
Private/Public Limited Companies: Companies typically register trademarks in the company name and not in the names of the individual directors and shareholders
Limited Liability Partnerships (LLPs): An LLP would register the trademark in the name of the LLP to protect its brand
Trusts, Societies and NGOs: Non profit entities can register their trademark for the names, logos or symbols they use
Foreign applicants: They can register trademarks in India through a local trademark agent.