How to Register Trademark in India | Registration of Trademark
Trademark is an intellectual property that includes an identifiable sign, design, or expression that provides a unique identity to a product or service/ firm/ company. In a nutshell, it helps to differentiate a product or service from that of competitors by acting as a protective shield. Apart from providing a unique identity, a trademark product provides recognition to your brand, company/ firm, or product.
Though, it is to be noted that, it is not obligatory to obtain a trademark, although it is advisable to get one to clench wider business opportunities, legal protection, unique identity, and more.
Let’s understand how important it is to get a trademark - when we see an apple on a mobile phone, smartwatches, etc, it instantly forms an opinion that a particular product belongs to a certain company/ firm, in this case, it is Apple.
Likewise, if we talk about another globally recognized brand Zara, its perfumes, wallets, etc - it’s not just the quality of the products themselves, but the sign or design that reflects that those particular products belong to the brand Zara.
These two examples clarify that a trademarked product has a unique identity, which builds brand identity, trust, and credibility.
Thus, if you would like to stand out among your competitors, understanding how to apply for a trademark is essential. Though, before that, let’s have a look at trademark symbols and their use.
What Are the Different Trademark Symbols and How to Use These?
1. Symbol ™
The symbol ™ beside the name or symbol of a product/ service signifies that it has not been registered, however, a registration application has been submitted for the same. In a nutshell, it is proof that trademark registration of a particular product/ company is under process.
2. Symbol R
This symbol represents that the brand name/ logo has been registered. Let’s understand it like this since the R symbol in a trademark is obtained after ™, then we can say that the symbol R of the trademark is like a goal in a football game, then ™ could be local games at your gym.
3. Symbol SM
SM indicates the Service Mark, it is provided to the services indicating that a service has been registered.
Now, we can recognize these trademark symbols, probably placed right above/ beside a brand, product, or service.
Though, before understanding how to register trademark in India, it would be helpful to know some essential factors to consider when obtaining a trademark registration.
What Are the Factors to Consider When Obtaining a Trademark Registration?
Trademark registration is one of the valuable assets as it creates a unique identity and generates goodwill for a business. Thus, obtaining a trademark could be comprehensive and to ensure to provide you with complete information in regard to how to apply for a trademark, let’s start with the foremost steps - essential factors to consider before registering -
1. A visual representation
A visual representation of a trademark could differ from trademarking a word, logo, symbol, color, sound, and more. Thus, to obtain a trademark for a different purpose, you would need to know that the visual representation of each type of trademark would differ. Some of the examples of visual representation are -
- Word mark (typographic treatment of the name of company, product, or institution).
- Series mark (the plurality of masks comprise a common suffix or prefix).
- Color mark (a non-conventional trademark that comprises one or more colors used on an object.
- Sound mark (applicable to a unique sound which is considered exceptional or rare).
2. Trademark search
Need to know how to check trademark status? – here you have to do it to understand whether the mark/ logo/ symbol, etc you need to trademark is already trademarked or not.
It simply implies that if a product/ symbol/ logo, etc is already trademarked then you need to make required changes in yours. Furthermore, if you need to know - How to check trademark availability?
Well, you can search for the availability of a trademark in the Trademark Registry Database.
3. Trademark Registration Should be Voluntary, Not Compulsory
Trademark registration of a logo/ symbol is not mandatory, which implies that it is a voluntary decision to do a trademark registration. However, being a professional, we would like to emphasize applying for trademark registration of a product/ logo/ symbol considering that it provides several benefits.
4. Provides a Legal Protection Against Legal Infringement
A trademarked symbol/ logo/ word/ etc can not be used by other parties unless authorized so, however, if someone violates this right, legal action can be taken against them.
5. Properly Selecting the Class of Goods and Services
To register a trademark, you need to select an appropriate category of a class of goods and services that has been divided into over 45 categories. It is to be noted that, selecting the wrong/ inappropriate category of goods or services can result in rejection of the application.
The above-mentioned 5 factors are essential to consider while trademark registration, though, along with taking into consideration these factors, you should also ensure appropriate submission of documents. Thus, we would advise you to ensure the availability of all the documents as required and prescribed by the authorities.
Although, if you need a professional to take care of documentation, check the availability of trademarks, and more - reach us immediately and get your trademark registered within defined time constraints.
We will understand how we can help in trademark registration in the later section of the blog. Before that, let’s finally know how to register trademark in India.
How to Register Trademark in India?
- A Trademark search needs to be done to ensure that a particular trademark is not already registered.
- The Trademark registration attorney will prepare a trademark registration application.
- It includes both, an online and manual registration process -
- In case of a manual registration process, you need to file the application to the Registrar itself. Though, unlike the online process, it will take a few days to obtain an acknowledgment receipt.
- In case of an online registration process, you are required to provide the required information and an acknowledgment receipt will be generated instantly.
- Application and documents will be analyzed by the registrar.
- If an application meets the criteria, then the trademark will be registered.
How Does JR Compliance Make Trademark Registration Seamless?
- We will educate your clients regarding each and every aspect of trademark registration.
- For your convenience, we will conduct research into whether a particular trademark exists or not.
- We will complete the documentation on your behalf to ensure appropriate and timely submission of documents.
- Our experts possess the expertise to take care of all the requirements as asked by the officials.
- We will guide you regarding how to meet the requirements established by laws and regulations.
- Our consultants will be available 24*7 to resolve any query you may have.
Here we have understood how important it is to obtain a trademark to establish an authority among the competitors, moreover, building a unique brand identity - thus, enabling customers to credibility and trustworthiness like existing global brands.
Why not set a foot in a market where your product/ service would have a unique identity?
Well, to obtain benefits like wider market access, competitive edge, brand image/ goodwill, and many other benefits - it is important to invest in trademarks. Moreover, rather than investing in a trademark, it is essential to choose the right consultant who will take care of each aspect of trademark registration - be it checking whether a trademark is already registered or not, document requirements, and more.
In that case, we are a complete package deal, apart from possessing the required knowledge, we - JR Compliance have experience of over 9+ years.