Before understanding the registration procedure for trademarks, firstly understand what Trademark is. Trademark can be anything like a word, symbol, name, number, and color, label it is like a visual symbol for the identification of a particular product or company. These trademarks are used by companies to give identity to their products, so it can be distinguished from other products. Controller General of Patents Designs and Trademarks listed Trademarks in India.
A product can get the trademark only if their product is unique and after getting the trademark if their product being infringed by another company, then the owner of that product can sue for the infringement, but only registered trademarks get this right. Under Trademark Act 1999, trademarks can be registered. If the trademark is registered, the owner gets the R symbol after applying it and registration will become valid for 10 years. After the expiry of 10 years, it can be renewed again after filling the application for another 10 years.
What can be registered as a trademark?
1. Name: A name of the person can be registered as a trademark; the surname of the person can also be registered. The name of the company and also the signature of the person can also be registered. Example Dhirubai Ambani is a name which can be registered as a trademark.
2. Word: A word which shows something, has a unique characteristic and defines something that can be registered as a trademark. Like Google, Yahoo, Amazon has been registered as a trademark as a word.
3. Number: A particular number can also be registered as a trademark; the combination of the numbers can also be registered as a trademark. Like 666 can be registered as a trademark.
4. Images: Any image of whether 3D shape or symbol image can be registered as a trademark. They represented their product by the logo. For example, Audi Car has been registered by four zeroes, Nike product logo is tick etc.
5. Sound: The sound can also be registered as a trademark. For example music of a song, sound of jingle in TV adds.
Who can all apply for trademarks?
Individual person, a company (public company, a private company, Limited Liability Partnership, OPC), private firms, NGOs, Firms in partnership any person can apply for registration of a trademark. In the case of NGOs registration should be in the name of the concerned person. The registration applications must be in English or Hindi and should submit in the appropriate office.
Procedure for Trademark Registration in India
1. Trademark Search: The first task in trademark registration is a trademark search, one day is given for completed this work. In this step person has to find that his trademark image, symbol, the sound is not already registered. This process can be done online or through the trademark office also. If the symbol or anything you want to get it registered is already registered but you think you have more right on that then you can hire a lawyer as they are experienced in their field and well aware of all the things.
2. Filling of Form TM-1: After the completion of the first step, the second step is filling of form TM-1. For completion of this work 2 days is given and Rs 4000 is the cost for a single application and lawyer’s fees are also there.
Step 1: Firstly the application form should be filled which contains the following things, the information of the owner, the mark which is chosen for being registered, and the goods and services list which is used under this trademark.
Step 2: The person can make both online and offline applications. For online application digital signature is required and for offline registration application should be given in trademark registry.
Step 3: After submitting of the application of form, the registrar will find the uniqueness of the product and also check that this mark which a person has chosen for trademark whether already registered or not. Registrar also checks his application as per law also.
Step 4: If the registrar found something wrong in the applicant application, then the same will communicate him in writing and given a time of three months for the ratification of his application.
1. Cost: For every application according to the government fees is Rs 4000 and if you are making four applications then fees will be Rs 16000. For these lawyers is also required and his fees start from Rs 200 and for four applications it will be Rs 8000 approximately. And if you want to register an image then a jpeg is required. After this the application number should be received immediately but the original representation sheet can take two more days.
2. Use your Trademark: After filling of the form and paying of the fees, you can use your trademark but it can take 2 years for using if everything went smoothly.
3. Issue of Examination Report: The government will check the application, if there is no objection in the application then the government will issue a letter of acceptance known as TLA. But if there is any objection then the lawyer can present the case and if everything is going alright then the government will give permission for the advertisement. This process takes 3 to 6 months and the cost will Rs 4000 to 6000 and if there is any objection then extra charges of Rs 3000 is also charged and lawyers fees will be Rs4000 to 5000.
4. Advertisements in Trademarks Journal: For this process 3 to 6 months is provided and it is free of cost but if there is any objection then legal fees are required. After getting acceptance from the government the advertisement is made, this advertisement is made for the third party that third party has any objection or not. If there is any objection by the third party then given a chance for legal hearing and if there is no objection then certification will be provided within four months.
5. Trademark Registration: After all the things are done, approximately nine months will be required for a trademark certificate for publication. The registration procedure for trademark is valid for 10 years and no cost is required for this.
As we all know what trademark is. Trademark is a thing which gives the owner full right on his product. No one can use the name of that product in the market and if a company is registered as a trademark then there is no other company that can choose the same name. There are various advantages of getting the trademark like excellent business opportunities, legal protection, get a unique identity, global filling of trademark, creation of intangible assent, infringement protection, exclusive rights, differentiating products, promote goods and services, advertising sales, protect the commercial goodwill. Above this, the whole process of getting a trademark registered is being explained. There are also some similar questions which are asked in the registration procedure for trademark. Thus, getting a trademark registered is good for companies who have unique products.