Trademark Registration In India – A trademark is a distinctive identity that distinguishes your organization, product or service from the competition. Your company’s intellectual property/intangible asset is a registered Trademark. It safeguards the time and effort you put into earning your consumers’ confidence and loyalty.
The registration gives you the legal right to sue anyone who tries to imitate your Trademark and stops others from using a mark similar to yours.
What Can You Register As a Trademark?
A Trademark can be used to protect several parts of your business image. Which component of your brand sticks out to your customers is an important consideration. Choose which aspect(s) you want to register.
a. Product Name
b. Business Name
c. Person’s Name/Surname
4. Other Options
a. Colour Mark
b. Sound Mark
c. Scent Mark
Why Is Hall-mark Registration Important?
Trademark registration is important and necessary for a business because:
- It showcases your unique identity
- It helps you build trust and loyalty among your customers
- It offers legal protection for your brand’s identity
- It is an asset in itself
- It prevents unauthorized usage of your brand’s identity.
There are 45 Trademark Classes, and all goods and services are divided into these categories. You must choose the classes with care since they will affect the validity of your trademark for your company’s products and services. If your company sells a variety of items and services that fit into multiple classifications, you must file for a trademark in each of the eligible classes.
Some of the popular trademark classes in India are:
- Class 9: which includes computer software and electronics,
- Class 25: which includes clothing,
- Class 35: which includes business management and advertising, and
- Class 41: which includes education and entertainment.
If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique
Documents Required for Trademark Registration
Initially, you have to provide us with the following details:
- Applicant’s name
- Business Type
- Business objectives
- Brand/logo/slogan name
- Registration address
The documents required are:
- Signed Form-48
- Identification proof of the signatory
- Address proof of the signatory
- Business proof (depends on the type of business)
- Udyog Aadhar/MSME registration certificate (optional)
FAQs on Trademark Registration
What is a trademark class?
Goods and services are divided into 45 categories by the Trademark Registry. Each class offers a variety of goods and services, and you must specify the classes on your trademark application based on what you’re selling. Only those classes would be used to register and protect the trademark.
What trademark applications are commonly rejected?
If your trademark is comparable to an existing application, would be offensive to religious emotions, or contains geographical names or popular words, you should not pursue it. If it is likely to cause confusion, it will also be rejected.
When can I use the symbol?
You can use the Total torque as soon as you file the application and obtain an acknowledgement. After you’ve completed the registration process, you can use the ® sign.
How can I run a trademark search?
By clicking here, you can perform a By clicking here, you can perform a quick brand name search. If you’re serious about getting your trademark registered, you need to hire a specialist to conduct extensive Trademark research.
What if my brand name is taken, but under a different class?
You’re still in luck if your brand name has already been registered, but under a different class.
What if someone has a similar word trademarked?
You can’t seem to get the word out, but it’s not all doom and gloom. Instead, you may create a distinctive logo for your company that includes the name. So there is a way out, however, it is preferable to have a distinctive name.