Trade mark Registration

Trademark Registration In India - Overview

A trademark is an intellectual property consisting of any recognizable sign, design, name, insignia, or expression that identifies a product or service originating from a particular source and differing from others. Trademarks can be owned by individuals, business organizations, or legal entities. Traditionally, trademarks have been used as legal tools to differentiate products or services offered by other companies to allow consumers to know the source of what they are buying.

What Can You Register As a Trademark?

In India, diversified items may be registered under trademarks. It can be brand names, logos, words, slogans, smells, colors, or any special sign. These marks must identify your goods or services with distinctiveness from others. They ensure that your business identity does not become a device for confusing trade.

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Why Is Trademark Registration Important?

Trademark registration in India is quite important because it protects your brand from those who might misuse your marks, does not allow others to use similar signs, grants you lawful rights to the brand, increases your brand value, and assures customers of the quality of the products or services they are buying.

It also helps in building up recognition and trust among customers.

Trademark Validity

Trademark is for 10 years from the date of its filing an application after obtaining a registration certificate. However, has to be renewed every 10 years subsequently to maintain the trademark registration.

 Trademark Classes

The NICE Classification also called the International Classification of Products and Services, defines the trademark classes. This classification further divides trademarks into 45 distinct classes representing a particular group of products or services.

Some of the common trademark classes in India are:

Class 9: which includes computer software and electronics,

Class 25: which includes clothing,

Class 35: which includes business management advertising, and

Class 41: which includes education and entertainment.

If you are doing business under these trademark classes, a trademark battle might be tougher. However, that should not concern you as long as your mark is distinctive.

 Types of Trademark Registrations in India

Under the Trademark Act of 1999, some distinct kinds of trademark registrations are available in India and some of them include:

Pattern Mark

A pattern mark is defined as a trademark that holds a unique pattern that can be identified to point out products or services originating from a specific source, thereby enabling them to be differentiable from other sources.

Examples of pattern Mark include an iconic Louis Vuitton checkerboard pattern.

Label Trademark

A label trademark protects the label/packaging of a product and the trade dress of the same to ensure the protection of the entire packaging/label of a product which is unique and distinctive to any business and acts as a recognizer/identifier of a brand.

One of the famous brands that has trademarked their label is Coca-Cola'

3D Trademark

Non-conventional trademark refers to any trademark that does not fall into the three traditional categories of trademarks. But in a Three-dimensional trademark, a trademark uses the three-dimensional shape of a product or its container to achieve distinction in the marketplace.

It has to be in tandem with the provision set out in u/s 2 (1) (zb), which throws an indication that as per Section 9 of the Trademarks Act, the mark has to be visibly representing and distinguishable from other goods and services.

Examples of 3D trademarks include the shape of the Zippo lighter, the curve of a Coca-Cola bottle, etc.

Slogan/Tagline

Trademarked Slogans are creative and distinctive phrases that immediately remind the consumer of the product.

Trademarked Slogans offer exclusive rights for the brands to use them in their advertising campaigns.

Nike's 'Just Do It' is a perfect example of a slogan trademarked.

Device Trademark

Device trademarks are the visual elements that create the unique and recognizable representation.

These trademarks have artistic elements such as symbols and a word mark and can be a combination of both.

The iconic PUMA's symbol is a classic example of a Device trademark

UpGroz - How to Register Trademark in India

Registering a trademark in India is very complicated. We have made it easy for you by breaking it down into three easy steps and giving you complete expert support.

Step 1: In-depth trademark search by our Trademark Lawyers

Contact our trademark attorneys today and get all your questions clarified. Once all the documents are received, our experts will conduct an intensive search of all trademarks on government portals. It's to confirm if the mark which you want to register is available or not. For more detailed search reports, our Senior trademark attorneys will carry out an elaborate search along with a comprehensive opinion that can be accessed here.

Step 2: Class Selection and Trademark Filling Application

We'll help you choose the right classes in which your business should be classified. Trademark laws categorize every business into 45 classes. We'll guide you through the proper classes to address all aspects of your company. We will fill out your trademark application form for you. We'll submit all the documents along with the application. Our team will ensure that the application is error-free and correctly drafted. In case of objections raised by the Trademark Registry, We shall support in replying to the same through the filing of a response to the examination report and/or hearings.

Step 3: Trademark Publication in Journal and Registration

After the application is approved by the examiner, then it will be published in the trademark journal for a period of 4 months. Without third-party opposition, you shall receive the certificate for Trademark registration.

In case of trademark objection, cause hearing, or opposition while processing the registration, our team shall provide critical support. In case of objections raised by the opponent within 30 days or any other stage within the agreed timelines; our experts will correspond with it. In case of opposition, our team assists you in filing a counter-statement to the Registrar within two months with a lucid explanation of why the opposition holds no weightage.

Documents Required for Trademark:

• Brand / Slogan Name -

• Applicant's name (Individual/ Pvt/ LLP/ Partnership) - 

• From how long you are using the brand name - 

• If it is a logo, please attach the logo as well. -

• Registration Address -

• Communication Address -

• Applicant Email ID & Mobile No - 

• Applicant's Aadhar Card - 

• MSME(Only For Company)-