Trademark Registration

A trademark is any unique expression associated with a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, color combination, sound, or even fragrance (though fragrance is not recognized for registration in India). Most businesses, however, primarily focus on registering their brand name or logo. Trademarks serve as a powerful tool for businesses to protect their identity and brand reputation.

Trademark owners are granted exclusive rights to use their marks in the categories (called classes) in which they are registered. There are a total of 45 such categories. In some jurisdictions, a trademark is considered a form of intellectual property, thus conferring property-like rights to the owner.

Registering a trademark not only provides legal protection but also allows the owner to establish their claim to the mark in a court of law. Additionally, it helps businesses earn royalties through licensing and serves as a deterrent to piracy by preventing others from registering similar names.

To check if your brand name is already in use, you can conduct a trademark search. While you can get a trademark (TM) in India in as little as three days, it can take up to two years to get full registration, allowing you to use the ® symbol.

What is a Trademark?

A trademark is a form of intellectual property that consists of a recognizable sign, design, or statement that distinguishes a particular source's products or services from those of others. Trademarks used to indicate services are often referred to as service marks. An individual, business organization, or legal entity can be the owner of a trademark. A trademark may carry the following symbols:

• ™ Trademark symbol used for an unregistered trademark.
• ℠ Service mark used to promote brand services.
• ® Registered trademark symbol used for a registered trademark.

Types of Trademark

Trademarks are divided into two main categories:

• General Trademark: Includes various types like:
  • Generic Mark
  • Suggestive Mark
  • Descriptive Mark
  • Arbitrary Mark
  • Fanciful Mark
• Specific Trademark: Includes types like:
  • Service Mark
  • Certification Mark
  • Collective Mark
  • Trade Dress
  • Trade Name
  • House Mark
  • Family of Marks
  • Sound Mark
  • Pattern Mark
  • Position Mark
  • Hologram Mark
  • Multimedia Mark
  • Motion Mark
  • Logotype

Documents Required for Trademark Registration

• Address proof and ID proof of the individual or proprietor (in case of sole proprietorship).
• Udyog Aadhar Registration Certificate
• Copy of logo (optional)
• Signed Form-48
• Partnership deed or incorporation deed (if applicable)
• Address proof and ID proof of the signatory (in case of partnership, company, or LLP)
• PAN & Passport

Procedure for Trademark Registration

1. Choose Trademark: Start by selecting a unique trademark that identifies your goods or services. Perform a trademark search to check if your chosen mark is already registered.
2. Submit Application Online/Offline: Submit the application with the required documents either online or offline through the official trademark registration portal.
3. Document Verification: Government officials will verify the application and documents. If there is any objection, the applicant must respond within 30 days.
4. Grant of Trademark: Once approved, the trademark is granted and can be used.

Sample of a Grant Certificate for Trademark