Trademark Registration in India

A trademark is a form of intellectual property. By intellectual property we mean, a property or an asset that does not have a physical substance. It can not be touched, but it gives its owner the right to use that property. A trademark consists of a recognizable symbol, design, or expression that distinguishes one source's products or services from those of another.

An individual, a business organization, or any other legal entity can hold a trademark. A trademark might be found on a package, a label, a voucher, or the actual product. Service .marks are also another type trademarks that are used to identify services.

Usage of trademark:

A trademark helps in identifying the actual owner of a product or service's brand. Legally only the owners of the trademark are entitled to use the trademark on their product or service. However others can use trademarks under licence agreements or with the approval of the original owner. Trademarks help to protect a certain product, website or brand.

An example of an Indian company using the trademark of another Indian company under an agreement is the partnership between Tata Sons and Titan Company Limited. Titan, a joint venture between the Tata Group and the Tamil Nadu Industrial Development Corporation (TIDCO), uses the "Tata" trademark under a licensing agreement with Tata Sons.

The Tata Group, a well-known Indian conglomerate, holds the "Tata" trademark, and its various group companies, including Titan, are permitted to use the trademark as part of their branding and marketing strategies under specific agreements. This arrangement allows Titan to leverage the strong brand equity associated with the Tata name while operating in the watch, jewellery, and eyewear sectors.

Infringement of a Trademark

If a trademark is being infringed, the owner of the trademark might file a lawsuit against the offending party. The party involved in the infringement of trademark may face huge penalties including an order by the court to desist from use of the trademark.

Laws Governing Unregistered Trademark

In most countries, pursuing Registration of Trademark is necessary to safeguard the businesses interest. this type of activity necessitates the official registration of a trademark.

Common law for trademark rights is recognised in Canada, the United States, and other nations, which means that any unregistered trademark can be protected if it is in existence. However, common law trademarks give their owners less legal protection than registered trademarks.

Eligibility for trademark registration in India

Trademark registrations are often used to protect unique brands, slogans, or invented terms. Individuals, companies, and whether for profit or even non-profit organisations can all apply for trademark registration in India.

However, Every class of person or entity has its own set of requirements when it comes to filing a trademark application in India.

In India, the following are eligible for trademark registration: any individual, joint owners, proprietorship firms, partnership firms, limited liability partnerships, Indian companies, foreign companies, trusts or societies.

Types of trademark

A trademark is a logo, or a collection of letters or / and numbers that a company uses to claim ownership of a term or design that is used to symbolise its products and services.

A trademark helps the public in general to easily identify any particular Product or service, or company by simply visualising the trademark.

Although there are many different types of trademarks, they all serve the same purpose: to let consumers identify goods and services that come from a specific manufacturer or service provider.

Trademarks can be Marks, service marks, collective marks, certification marks, shape marks, sound marks, and pattern marks are all examples of trademarks that can be registered.All types of trademarks are discussed below:

Product Mark

A product mark is a mark that is applied to a good or a product instead of a service. This type of trademark is used to identify the source of a product and to help a company maintain its reputation.

Applications filed for obtaining product marks are filed under trademark classes 1-34.

Service Mark

It is similar to a product mark, except that it represents a service rather than a commodity. The fundamental objective of a service mark is to distinguish its owners from those who run other businesses.

Applications filed for obtaining Service marks are filed under trademark classes 35-45.

Collective mark

A collective mark is generally issued to an entity which in turn allows its members or constituents to use that mark to alert the public to certain distinguishing characteristics of a product or service that represents a group. This mark can be used by a group of people to protect a product or service collectively. A trademark holder can be an association, a public institution, or a Section 8 corporation.

Shape Mark

Shape Mark is solely used to protect the shape of a product, its container or any other physical attribute related to so that customers associate it with a specific manufacturer and prefer to purchase it.

A product's shape can be registered after it is recognized as having a distinctive shape. The Coca-Cola or Fanta bottles, for example, have a characteristic shape that is easily identified with the brand.

Pattern Mark

Pattern markings are products with exclusively designed patterns that serve as the product's distinguishing feature. Patterns that do not stand out as a distinctive mark are often disregarded since they provide no purpose. A design must demonstrate its uniqueness to be registered.

Example of Pattern Mark:

• Louis Vuitton's Damier Pattern:Louis Vuitton, the luxury fashion brand, has registered its famous "Damier" pattern as a trademark. The pattern consists of a checkerboard design of alternating dark and light squares, which is used on various products like handbags, luggage, and accessories. This pattern is instantly recognizable and serves as a distinctive identifier for Louis Vuitton products.
• Fabindia's Paisley Pattern:Fabindia, known for its traditional and contemporary Indian clothing and home products, has registered the paisley pattern as part of its trademark. The paisley design, characterized by its teardrop-shaped motif with a curved upper end, is a recognizable element in many of Fabindia's textiles and products. This pattern mark helps Fabindia:
  • Establish Brand Identity:The paisley pattern is closely associated with Fabindia's products, helping to create a unique brand identity.
  • Prevent Imitation:The registered pattern mark prevents other companies from using a similar design, protecting Fabindia's brand from imitation and dilution.
  • Enhance Consumer RecognitionCustomers can easily identify Fabindia products through the unique pattern, enhancing brand loyalty and recognition.

By using such distinctive patterns, Indian brands like Fabindia can protect their unique designs and maintain a competitive edge in the market.

Sound Mark

A sound mark is a sound that can be linked to a specific supplier's product or service. People who can register a sound mark can quickly recognize the service, or product, or show that the sound symbolizes when they hear it. Audio mnemonics, also known as sound logos, are most often heard at the start or finish of commercials. In India, the IPL anthem is the most popular sound mark.

Certification Mark

A certification mark is a symbol used by the business entity to indicate a product's origin, material, quality, or other specific features. The main goal of a certification mark is to highlight a product's standard and provide buyers with assurance. A certification mark can also be used to raise the product's standard among customers by demonstrating that it has undergone quality assurance tests. Typically, certification marks can be seen on packaged goods, toys, and electronics.

The registration process for trademark

Giving your valuable time and money to establish a brand only to have the same brand name utilized by someone else, robbing you of your hard-earned brand reputation, is not a pleasant situation. Because they did not register their brand name as a trademark in India when the time came, many trademark (TM) owners found themselves in protracted litigation. The process of trademark registration for a brand name is simple. You'll obtain the much-needed legal protection of your brand name registration in India in a few simple steps, as outlined below.

Step 1: Search Trademark

The importance of a trademark search is often overlooked by business owners. It's not enough to have a unique brand name in mind to avoid a TM search. A trademark search can tell you if there are any similar trademarks out there and can give you a good idea of where your trademark stands. It can also give you a heads-up on the possibility of trademark litigation.

Step 2: fill out the Trademark Application

After checking that your chosen brand name or logo is not already registered with the Trademark Registry of India, you can register it. The first step is to apply for a trademark with the official web portal by clicking here Apply for Trademark registration. Here you provide the details of the applicant's name, number mobile, email ID, state name, and address. Nowadays, most filing is done online. An official receipt is provided for future reference after the application is submitted.

OurTeam Assistance

All the registration processes for Trademark will be handled by our legal team experts after applying through our official web portal Trademark registration.

Once the trademark registration proceeds for the further process then after the completion of the whole process, your trademark will be issued to you.

Renewal of Trademark

You can renew the Trademark every 10 years of period indefinitely, as a result, your trademark logo, and trademark brand name registration will be protected permanently.

As can be seen from the above, trademark registration in India is a very simple process and It's a basic procedure, but it's crucial for brand name registration. We or our team experts, on the Internet, can assist you with the full registration process, so you don't have to worry about deadlines or responses. As a result, recognize the value of your brand name registration, take action to preserve it as soon as possible, and always be touched up with our web portal Trademark Registration.