Trademark Registration




What is a Trademark?

Trademark is a visual symbol that may be word signature, label, numerals, a name that is capable of being represented graphically and also capable of distinguishing the goods and services of one person from the other. It is anything that makes a brand unique in the eye of the common consumer. Once registered, the same symbol or series of words cannot be used by any other organization as long as it remains in use.






Trademark protection is available for certain names, devices, symbols or words that will be used in connection with a good or service. Usually is a certain mark is associated with a service that is known as service mark but Trademark is commonly used to refer both marks associated with goods and services. The main purpose behind the trademark is to allow an individual or company to distinguish them from others and to indicate the source of their goods and services.

A trademark not only gives the owner the right to use the mark but allow allows him to prevent others from using the same mark which is sometimes confusing for the general public. But on the other hand, the trademark cannot prevent another company or individual from selling the same goods and services under a different mark.

There are some legal requirements to register a trademark under the Act are:

  • Selected mark should have a capability to be represented in a graphical manner i.e. in the paper form

  • Selected mark should be capable of distinguishing the goods & services of one from the other

  • The mark should be used in relation to goods & services for indicating or to indicate a connection in the course of trade between goods and services.

Benefits of Trademark registration

1. Mark of Identification

Trademark serves as a mark of identification for a specific brand or company with the help of which it can be easily identified from the rest of the brands in the market. This kind of attachment with the brand is built to satisfy the consumers with good quality products, services, and commodities and also to fulfill the promises made by brand owners.

2. Provides an edge to the Market

Trademark serves as a symbol of status and customers can easily identify their favorite brand by identifying the trademark or associated registered symbol instead of looking for the brand's name. It removes confusion from the market and makes the brand stand out through its popularity among its customers. People are also able to file their complaints, tweet about their products on social media simply by using a trademark or the symbol within their comments.

3. A better approach to reach a targeted audience

A brand can easily advertise or can do the marketing of their products with much cheap advertising costs. Once a brand gets popular there is no need to put the brand name to advertise. It can be done by simply writing the product's detail with the trademark symbol and flash it on social media and other social sites to make it more popular.

Documents required for Trademark registration

Individuals & Sole proprietor

  • Identity proof of individual or proprietor

  • Address proof of Individual or proprietor

  • Signed Form-48

  • Copy of logo

Partnership/LLP/Small enterprise or startups

  • Identity proof

  • Address proof

  • Signed form-48

  • Copy of logo

  • Incorporation certificate or partnership deed

  • Udyog Aadhar registration certificate

Other applicants

  • Copy of logo

  • Incorporation certificate/ partnership deed

  • Identity proof

  • Address proof

  • Singed form-48

Resolve your queries

1. What is a trademark?

Trademark is a visual symbol that may be word signature, label, numerals, a name that is capable of being represented graphically and also capable of distinguishing the goods and services of one person from the other. It is anything that makes a brand unique in the eye of the common consumer.

2. What is the function of a trademark?

Trademark performs various functions:

  • Identifies goods or services and their origin

  • Guarantees for the unchanged quality

  • Creates a good image for the goods/services

  • Advertises the goods & services

3. Who can apply for a trademark?

Any person claiming to be a proprietor of a trademark may apply in writing for registration in a prescribed manner. The application should contain the trademark, name, address of the applicant, Goods/services, a period of use of the mark. The application should be written in English or Hindi and should be filled at the appropriate office.

4. Who can get benefits from the trademark?

The registered proprietor of a trademark can create a good image of his products and services and can also stop other traders from using his trademark unlawfully. The government earns revenue as a fee for registration and protection of registration of a trademark The purchaser, as well as the consumers of goods and services, gets various options to choose the best.

5. What are the different types of trademarks that may be registered in India?

  • Monograms

  • Combination of colors

  • Devices including fancy devices and symbols

  • 3-dimensional sign

  • Any name including surname of the applicant or the signature of a person which is not unusual to adopt as a mark

  • Letters or numerals or the combination

  • The shape of goods or their packaging

6. Is the registration of trademark mandatory?

No, Registration of a trademark is not mandatory. However, the registration is the key factor for the evidence of the proprietorship of the trademark under registration. For the marks that are unregistered. Action can be brought against a person who is passing the goods as the goods of another person or services provided by another person.

7. What is the validity of the trademark once registered?

Trademark Registration is valid for 10years. It can be renewed every 10 years. In India, the renewal request is to be filled in FORM TM-R within the year before the expiry of the last registration of a trademark.

8. What is the renewable fee for trademark registration?

The renewable fee for physical filling is 10,000 while for e-filling is 9,000. If the renewal fee is not paid till the last date of expiration of the registration, the surcharge has to be paid along with the prescribed fee and if the renewable fee along with the surcharge is not paid till the next six months after the expiration of the last registration then the trademark is liable to be removed.

9. Can a three-dimensional mark be registered?

Yes, three-dimensional mark can be registered

10. What are the documents required for trademark registration for partnership firm/ LLP?

  • Identity proof

  • Address proof

  • Signed form-48

  • Copy of logo

  • Incorporation certificate or partnership deed

  • Udyog Aadhar registration certificate





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