Simple steps involved in registration of Trademark in India

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Simple steps involved in registration of
Trademark in India

• This blog helps you a lot to know about the
  simple steps involved in the registration of
  trademark and also the procedure for filing
  through online.

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• Chiefly, trademark is identical sign, design or
  simple expression which helps to identify
  products or services of a particular company form
  those of other competitors.  It is nothing but a
  name or symbol that a company uses on its goods
  or services and cannot be legally used by some
  other company. Trademark registration protects
  the rights of the owner over its products, sign
  and design etc. In thus blog, we will discuss
  briefly about the simple steps involved in the
  registration process.

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Simple benefits of Trademark registration

• Trademark registration is used for the purpose of
  protecting a word, symbol, brand name or logo of
  a company or any business enterprises. A
  registered trademark is an intangible asset for a
  business and it helps to gain good name among the
  customers. It also helps to protect the companys
  investment through brand or symbol.

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• THE BENEFITS OF TRADEMARK REGISTRATION ARE
• 1) Exclusive Rights  Trademark
  registration gives an exclusive right to the
  owner of the mark to use the mark in respect of
  the goods or services. A registration allows the
  owner to sue for infringement.
• 2) Security  A registered trademark can be
  guaranteed as security to obtain loan facilities.
• 3) Initiation of Legal Proceeding- Registered
  trademark gives simple legal rights to the owner
  to initiate legal proceedings against infringers
  those who infringe brand, logo, sign etc.

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• 4) Deterrent  A registered trademark restricts
  or warns other traders or enterprises from using
  similar and identical trademarks
• 5) Right to use the symbol  Once the trademark
  is registered, then the symbol or simple word
  registered can only be used for the goods and
  services mentioned in the registration.
• 6) Foreign territories  A trademark which is
  registered can be used as a basis to obtain
  registration across globally, facilitating
  protection of the brand worldwide.

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What cannot be registered as trademark?

• Trade Marks Act, 1999 of sections 9 and 11 give
  the grounds for refusing a trademark. Section 9
  mentions the absolute grounds and section 11
  mentions the relative grounds for refusal.

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• Devoid of distinctive Nature  The sign of an
  item or administration which isnt of an
  unmistakable sort would not be a trademark. The
  enrolment of unmistakable trademarks is precluded
  under Section 9(1) (b) of the Trade Marks Act,
  1999 except if they are particular.
• Names or Surnames  Names or surnames cannot be
  registered as trademark in India if they do not
  possess a distinctive character. Also, if such
  names are used falsely, then they will not get
  the status of Trademark at any cost.
• Numerical  Numbers cannot be utilized as a
  trademark. In specific cases, the courts in India
  have reasoned that numbers do not have a
  particular nature connected to them,
  consequently, not fitting the bill to be a
  trademark.

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• Geographical Location Geographical locations
  cannot be used as trademarks or in logo or as a
  brand name. In Imperial Tobacco Company of India
  Ltd has listed that the trademark Shimla where
  the name is composite in character. It is a
  notable hill station of India. Its geological
  implication is, subsequently, plain and clear.
• Colour  The Trade Marks Act does not refuse the
  usage of colour. In any case, Indian Registry and
  Courts dont incline toward utilizing hues as
  trademarks, for the reasons that the accessible
  stock will be drained and the courts will be
  heaped up with cases.
• Sound simple Melodic notes as melodic
  documentations are acknowledged as trademarks in
  India, yet clamors, for example, pooch woofing
  cannot be a trademark.
• Smell  Smell cannot be registered
  as Trademark in India. It is difficult to
  distinguish between different smells.

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Trademarks vs. Copyrights

• The most frequently confused intellectual
  property rights are copyrights and trademarks. So
  if you are in the business of creating unique
  goods in the stream of commerce, it is very
  essential to know the difference.
• Copyrights and trademarks protect distinct
  creations. Generally, Copyrights protect creative
  or intellectual works, and trademarks can be
  applied to names, phrases, and logos. Copyrights
  protect the rights of people who create literary,
  musical, artistic dramatic and certain other
  intellectual works like history tests, and other
  software code. Trademarks protect the use of a
  companys name and its product names, its brand
  identity like logos and its slogans.

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CAN I TRADEMARK A BUSINESS NAME? 

• Steps for Trade marking a business name
• Check the name in the trademark, to make sure no
  one else in the state is using it. 
• Then, if no one else use the name you want to
  use, then register your business name with your
  state. If you are forming a new business as a
  corporation, partnership or LLC, your business
  name is registered automatically as part of the
  business registration. 
• After all this, you might want to consider
  trademarking that name. Moreover, not all
  business names cannot be trademarked. There are
  some specific criteria for trademarking the
  business names.

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IS THERE ANY NEED FOR ATTORNEY TO FILE A
COPYRIGHT OR TRADEMARK APPLICATIONS?

• Both the Copyright and trademark registry have
  online services that allow you to register a
  copyright or trademark by yourself. But having
  an attorney help to you is advisable
• An attorney can do more research on the
  databases, make sure you are not using a
  trademark or copyrighting something someone else
  has first claim to.
• IP attorneys know how to go smooth through the
  process to get a trademark or copyright
  registered faster, and
• An attorney with knowledge of your business and
  IP law can help you if you need to file a lawsuit
  against someone for violation of your copyright
  or trademark.

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Trademark Vs. patent

• A patent is an intellectual property right
  relating to an invention, granted by the Patent
  and Trademark Office in exchange for public
  disclosure of the invention. Some of Patent able
  materials include machines, industrial processes,
  manufactured articles and chemical
  compositions.  The duration of patent protection
  depends upon the type of patent approved 
• Design Patents 15 years from issuance
  for applications filed on or after May 13, 2015.
• Utility patents and plant patents  It is for 20
  years from the date on the application for the
  patent was filed
• The requirements for trademark are not as strict
  as those required to qualify for a patent.
  Trademarks offers the owner simple exclusive
  right to use certain images and phrases, and the
  right to prevent others from using a similar mark
  that would create confusion among consumers.

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WHY IS TRADEMARK VS. PATENT IMPORTANT?

• Its important to know about the trademark or a
  patent or both. Its also important that a
  business owner understands the differences and
  applies for the correct one. Applying for a
  trademark when you are in the need of patent or
  vice versa, wastes time and money. Going through
  the process of filing an application for either
  takes a while, although a patent application
  takes longer.
• FILING FOR A PATENT
• Search for existing patents to make sure that
  your idea not exists already
• Fill out the correct patent application like
  utility, design, or plant and file it with the
  USPTO.
• If you are submitting a design patent, you should
  choose to hire an experienced design patent
  drafter. The application requires a specific
  format and all views of the item from every
  angle.
• Track the status of your application through the
  USPTO website.
• Once you received the approval, you can add the
  patent number to your product, marketing
  materials, website, and any other medium.

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Simple Requirements of Trademark registration

• The following details are required for filing the
  Trademark Application form for trademark
  registration.
• 1. Name of the Applicant whether
  individual/company/proprietorship
  firm/trust/partnership filing the application. In
  case of, joint applicants or partnership details
  of all the applicants
• 2. Address of Applicant filing the application.
• 3. Nature of the entity filing the application
• 4. Nature of products or services for which
  the trademark is used.
• 5. Nature of your business whether he is a
  Manufacturer/ Trader/ Service provider.
• 6. If the mark is already used, then the date
  since when the mark has been in used in India.
• 7. Date of the first commercial use of the mark
  across the world.
• 8. A copy of the mark/logo for which trademark is
  sought.
• 9. Form TM-48 duly signed by the Trademark
  Attorney.

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Steps involved Trademark registration process

• Below are the simple steps for E-filing of
  Trademark Registration Process in India
• Register on trademark office portal
• The first and the foremost step to register on
  the trademark office portal. In post registration
  the user can login either using user ID or
  through digital signature.
• Trademark search           
• The initial process before registering for the
  trademark is to search whether the business name,
  brand name or logo is similar to already
  registered trademarks. The search can be
  performed at trademark search portals available
  in the website.

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• FILING OF TRADEMARK APPLICATION
• Once a trademark search is done, then the
  application for trademark registration should be
  filed with the Trademark Registrar. The
  application for registration of the trademark
  should done in the prescribed manner along with
  all the necessary documents and filed with the
  prescribed government fee for TM registration.
  Once if the application is filed, the applicant
  can start using TM mark over the trademark.
• Once the TM application is filed and a receipt is
  generated the application is categorized as a new
  application, the trademark department reviews
  those application and otherwise, issues a
  clarification.
• EXAMINATION OF TRADEMARK APPLICATION
• Examination of application is done by the
  examiners of TM and if the application is
  advertised in trademark journal. However the
  application may be processed as objected either
  under absolute grounds for refusal or through
  relative grounds for refusal as prescribed in The
  Trademarks Act, 1999 and an examination report is
  issued accordingly. The objection must be
  resolved within prescribed time period of its
  communication to the applicant.

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• SHOW CASE HEARING
• A hearing is scheduled by the examiner if he is
  not satisfied with the trademark objection reply
  that are filed. The notice will be issued to the
  address of the application in addition to
  uploading same to the portal. The applicant needs
  to appear in person or with the trademark
  attorney to put before the grounds of application
  and request to pass the application to next
  stage.
• Publication of Mark in Trademark Journal
• The trademark is published in the Trade Marks
  Journal, after examination. Within four months of
  the publication of the trademark, the application
  will be processed by the Registry if there is no
  opposition raised by Third party. In case there
  is an opposition filed by the opponent, hearing
  process will be conducted by Registrar to make
  notice of sufficient grounds from both the
  parties to establish their claims. Considering
  the facts of the case and all the supporting
  documents, the Registrar makes decision in favour
  of either party to the case.

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• TRADEMARK REGISTRATION CERTIFICATION
• Once the application proceeds for trademark
  registration, following publication in Trademark
  Journal, a registration certificate under the
  seal of the Trademark Office is issued. The
  details of the Registered Trademark can be
  entered into the Central Register of Trade Marks
  maintained by the Trade Marks Registry.
  Registered trademark symbol R can be used once
  the certificate is received by the applicant.
• The whole process of online trademark
  registration usually takes nearly 12-18 months.
  The trademark once accepted and registered, it is
  valid for a period of 10 years from the date of
  Application filed with Trademark Registry. After
  the end of 10 years, the trademark needs to be
  renewed by filing a Renewal Application under
  TM-R along with the prescribed fees. However, if
  the Trademark registered is not renewed before
  six months of its expiry then it will be removed
  from the register of Registrar.

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CONCLUSION

• Although the online trademark registration
  process in India is complex and time taking
  procedure, the Government has taken few steps to
  fast track the process. In addition to same,
  Government has also introduced provisions for
  granting rebate to the applicants falling under
  category of Micro, Small and Medium Enterprises
  along with Start-ups registered with Government
  of India.