License / Registration
A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company’s investment in the brand or symbol.
A trademark can be registered if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Purpose of trademark law is to prevent unfair competition by protecting the use of a symbol, word, logo, slogan, design, domain name, etc. that uniquely distinguishes the goods or services of a firm. It acts as a protective cover of the company’s investment made in the logo or brand.
Benefits of Registering Trademark :
- It identifies the goods and services and their origin or owner.
- Its registration is the basis for legal compensation.
- It establishes the legal right of the trademark owner to use the trademark throughout the country.
- It is the most cost-effective way to ensure legal exclusivity for the use of your trade name or logo etc.
- It can be sold, licensed or assigned.
- Registration usually covers the whole of India.
- Application: The application for registration of a trademark shall be filed in Form TM-A.
- Scrutiny of mark (Objection): The scrutiny of the mark is done by the Registrar and if found satisfactory, he shall publish the same in the Trademark Journal or else issue examination report i.e. objection.
- Issue of Examination Report: An examination report stating the grounds due to which the trademark shall not be considered for registration is issued by the Registrar generally within 15-20 days of filing the application.
- Advertisement in Indian Trademark Journal: An application is advertised in the trademark journal so as to invite the public for filing an opposition for the mark.
- Opposition:The time period to file a notice of opposition is four months from the date of advertisement of the mark in the trademark journal.
- Registration:Where no opposition is filed within the specified time, the application shall proceed to registration.
- ID Proof
- Address Proof
- Photos
FAQ
After completes your Trademark Declaration of Continued Use, you’ll receive an email requesting your electronic signature. This email will contain a link connecting you to your document online. We strongly recommend thoroughly reviewing your application to ensure the information is correct before electronically signing the application. You can complete your e-signature by typing your name between two forward slashes (ex: /john doe/) and clicking on the “submit” button.
No, registration of a Trademark is not mandatory in India but it is always advisable to do so for the protection of your mark and business as well.
The same can be known through a public search on the trademark official portal i.e. http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx. Alternatively, the Registrar can be requested for preliminary advice in Form TM-M along with the requisite fees as well.
Yes, foreign proprietors can also make an application for registration of their mark in India provided it is well-known and it has reached to Indians.