Trade Mark Registration

What is a Trade Mark? In simple terms, trademark is a brand or logo which represents your business. A visual symbol like a word signature, name, device, label, numerals or combination of colors used by owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.

Who can apply for Trade Mark: Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply. The application for trademark can be filed within few days and you can start using “TM” symbol. And the time required for trademark registry to complete formalities is 18 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed time to time.

Different types of trademark

  1. A name (including personal or surname of the applicant or predecessor in business or the signature of the person)
  2. A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods / service
  3. alphanumeric or Letters or numerals or any combination thereof.Image, symbol, monograms, 3 dimensional shapes, letters etc.
  4. Image, symbol, monograms, 3 dimensional shapes, letters etc.
  5. Sound marks in audio forma

Functions of a trade mark are

  1. It identifies the service or product and its source
  2. It guarantees its quality
  3. helps in Advertisement of service or product

Steps you need to take to registration your trademark in India

  1. Select and authorize a trademark agent or attorney to represent you.
  2. The trademark attorney conducts a search.
  3. Depending upon the results of the search, the trademark attorney will draft your trademark application. In case someone already has the same or similar trademark, you may have to change yours.
  4. The trademark attorney will file your trademark application with the Trademark Office and send you the receipt.
  5. After a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office.