What is a Trademark ?
A trademark (Brand Name) is a visual symbol that may be a name, word, signature, label, numerals, or combination of fonts and colors used by an individual or an organization for its goods or services or other articles of commerce to differentiate it from other similar goods or services of some other undertaking.
According to the Trade Marks Act, 1999 a trademark should be in compliance with the following legal requirements :
- Mark selected should be capable of graphic representation.
- Selected Mark should be capable of distinguishing the goods or services of one undertaking from those of others.
Things that can be registered as Trademark :
- Any name which is usual for trade to adopt as a mark
- TATA as a trademark is an example.
Any word that may be invented or the arbitrary dictionary word, not being directly a statement of the quality or character of the goods/service. - Letters or numerals or any combination thereof.
- “LOREAL” having its tagline “Because you’re worth it”, is a combination of words.
Symbols or logos - The logo of Apple (half eaten apple) is a trademark.
Combination of colors or words with each other - MCDONALD’S is an example of colour combination trademark, Golden Coloured M and red colour word.
The shape of goods or their packaging - Bottle of Coca – Cola has a unique shape.
Marks constituting a 3-dimensional sign. - LinkedIn and Facebook are examples of 3-dimensional trademarks.
Marks can also be represented with sounds in conventional notation or described in words by being graphically represented.
Tips to select a good trademark :
- Pick up a word which is easy to spell, speak and remember. Trademarks which work the best are either invented words or coined words.
- Avoid selection of a common personal name, geographical name or surname. As you cannot get the exclusive rights on them.
- Avoid adopting laudatory words or words that describe the quality or character of goods (such as best, perfect, super etc.)
- Opt for a market survey before finalizing the mark, to check if similar mark is used in the market or not.
Procedure of Trademark Registration :
Step 1 : Trademark Search – Check if any other such mark is registered, if yes, check the class. (There are total 45 classes)
Step 2 : Enter the applicant type i.e. either proprietor, agent or authority who is applying for the trademark and fill their details.
Step 3 : Upload requisite documents.
Step 4 : Upon successful completion of the process you will be able to generate an ID and Password or you can login through digital signature as well.
Step 5 : Now depending upon your requirements you can choose and fill the form accordingly and make payment of government fees.
Documents required for Trademark Registration :
- PAN Card and Address Proof of Applicant
- Certificate of Registration (other than an Individual applicant)
- Brand Name & Logo designs
- User Affidavit in case demanded by the officials.
- Proof of TM Use (documentary evidence why Trademark given)
- Start-up/ MSME recognition certificate for availing 50% rebate.
- Signed Form TM – 48 (power of attorney in the favour of professionals who are filling the application.)
Validity of a Trademark :
™ is the symbol used once the application is filled However, ®️ is used once the application is approved and the trademark is registered. All registered trademarks are valid for 10 years.
At the end of the validity of the trademark, it can be renewed within 6 months simply by payment of requisite government fees.
Allurements of Trademark Registration :
- Trademark is an intellectual property of a company, It’s an intangible asset but still it can be sold, franchised or assigned.
- Owner of the trademark enjoys the exclusive rights such that he can apply the same Trademark for all other products of his company.
- The owner of the registered trademark has legal rights in case of infringement.
- Trademark is an edge over competitors, as it differentiates the products of the same category.
- The owner of the trademark has the power to build and secure the commercial goodwill of his products from misuse.
- Trademark and Companies image are often attached to each other, customers remembering the trademark follow the other products also which helps in advertising and creating loyal customers.
Need of a Professional Expert :
Trademark registration requires extensive knowledge and experience, without which the procedure can be tiring and time-consuming.
Hiring a professional will not only save your time and efforts but will fetch you quick results.
Experts at Olambit are here to help out with:
- Guidance and counseling for choosing the right Trademark class
- Complete report of Trademark search.
- Drafting of Documents
- Preparation & Filing of Application
- Timely checking of Application status.
- Hearing before the Registrar.
Documents required
Identity Proof Of Applicant
Address Of Applicant
Nature of Business
Brand Name & Brand Logo (if any)
MSME / Start-up Recognition
Certificate of registration (other than an Individual applicant)
Signed Form TM – 48
What’s included in package
100% Online Process
Consultation from experts
Acknowledge and future renewal assistance for you
Name search & approval
Trademark Consultation
TM Application Drafting & Filing