TM Registration Process
DO YOU WANT TO KNOW IF YOUR BRAND TRADEMARK CAN BE REGISTERED ?
What Is Trademark Registration ?
Trade mark is a symbol, combination of characters or numerals used by a company to uniquely identify its goods or services from others in the market. Trade mark registration can help prevent repetition or duplication of a goods or service by competitors or other persons.
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Overview
What is a Trademark?
Types Trademark
What Can You Register?
Documents Required
Trademark Symbols and uses
Trademark Classes
Trademark Objections
Trademark Opposition
Why Mahtta & Co.
FAQ's
Overview
01. INITIAL TRADEMARK SEARCH
Mahtta & Co. strives to make the the trademark registration process smooth. We offer to conduct a free trademark search for your proposed mark to give you an idea of how registrable your mark is in India.
02. PREPARING YOUR APPLICATION
If the search results are positive and the mark looks registrable, we can start preparing your trademark application.
To help us prepare your application, we’ll need to know:
– Name of the Mark/ Logo/ Device prints or Visual Representation – Name of the Applicant – Address and Nationality of the Applicant – Type of Company i.e. Proprietorship, Partnership, Body Incorporate, LLP, or other – Specification of Goods and Services (accordingly we will check the class under which your goods and services fall) – User date of the mark (whether the mark is in use or proposed to be used in India) – General/ Specific Power of Attorney is required
03. FILING YOUR APPLICATION
– Next your application will be filed with the Trademark Registry Office India and we will drop you an email confirmation of the filing.
– You will receive a trademark application number, You can check the status of your application anytime on the website with this application serial number.
Please note, we cannot change the mark that you register for, or the goods listed in your application once you file. For this reason, the goods listed in your application must be an accurate description of your actual products.
04. EXAMINATION
After an application is filed, it is examined by the examiner for any discrepancies. The examiner might accept the trademark absolutely, conditionally, or object if they find any discrepancy. The examiner may raise objections under either Section 9, Section 11 or both. On the grounds, of distinctiveness, possibility of deceptiveness and conflicting trademarks the examiner may also raise objections under formal requirements. For example, incorrect or insufficient filing of documents can also be a ground for objection, which may delay the trademark registration process. As per the trademark rules, a month would be given to fulfill the requirements or respond to the objections.
If accepted unconditionally, the trademark gets published in the Trademark Journal. If not accepted unconditionally, the conditions to be fulfilled by filing reply to provisional refusal or discrepancy issued by the examiner in examination report. As per trademark rules, a month would be given to fulfill the requirements or respond to the objections or provisional refusal.
Once such a response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, the Examiner can put the mark for show cause hearing. However, You can also apply for an adjournment in show cause hearing, by filing a TM-M form. You can file for max. 2 adjournment hearing. If the examiner feels that the trademark should be allowed registration in the hearing, it proceeds for publication in the Trademark Journal.
Section 9: Trademarks which cannot be registered:
- If the trademark includes any geographical regions, monuments, etc.
- If the trademark describes kind, quality and nature of your product;
- Which comprises or consists of any scandalous or absence matter; or
- The mark which contains any matter likely to hurt the religious susceptibilities of
any class of the citizens of India
- Which is identical with, or is an imitation of, or contains as an element, an armorial
bearing, flag or other emblem, a name or abbreviation or initials of the name of, or
official sign or hallmark adopted by, any state or international organisation created
by an international convention, charter or other instruments, unless authorised by
the competent authority of that state or organisation
Section 11: The Registrar may accept or refuse the application subject to the provisions of the ordinance. A trademark application in India can be refused/ objected by the Registrar on the following grounds:
- The mark is similar/ identical to an earlier trademark for the same or similar goods/
services.
- The use of which would be likely to deceive or cause confusion
- The application is made in bad intention and faith
05. TRADEMARK PUBLICATION
The publication step is incorporated in the trademark registration to provide an opportunity for others to oppose the registration. So, anyone who wishes to object to the trademark registration has the chance to file opposition on the same. If, after four months from publication, there is no opposition, the trademark proceeds for registration.
If, however, a person has filed an opposition, the applicant needs to reply with a counter statement within two months. Subsequently, both parties can submit their evidence by way of an Affidavit. Finally, the Registrar decides the order after hearing from both parties.
If the registrar decides in the favor of the applicant, then the mark proceeds for registration.
06. OPPOSITION PROCESS
On publication of the trademark in the Trademarks journal, Any person has the opportunity to file a notice of opposition against the registration of a trademark within a four-month period.
WRITTEN SUBMISSION
In the event that the applicant receives an opposition from a third party within the 4-month timeframe, they are obligated to file counter statement within 2 months after receiving the opposition notice. Failure to submit a counter statement within this period will lead to the trademark application’s status being changed to “Abandoned” by the trademark registry, If counter is received then the opponent will have to file there evidence within two months from counter statement notice. Failure to File to same will lead to abandonment of opposition. Once the evidence is filed, one copy of same is to be submitted to applicant and then applicant will have to file their evidence within two months of receiving of evidence. The opponent’s rebuttal time of one month begins upon receiving the evidence submitted by the applicant.
Note- For filing the evidence extension of one month is allowed by paying extra fees.
OPPOSITION HEARING
This marks one of the final stages in trademark opposition process. During this phase, both parties are granted the opportunity to present their arguments and propositions. Following a thorough examination of both sides’ arguments, a hearing officer will issue an appropriate decision. If the decision favors the applicant, the trademark will be successfully registered. Conversely, if the decision goes against the applicant, the trademark will be denied. In the event of a rejection, the applicant will be required to initiate the trademark registration process from the beginning.
09. REGISTRATION OF THE MARK
The application shall proceed to registration where there is no opposition or where the opposition was filed and was decided in favour of the applicant. The mark is then registered for a period of 10 years from the date of filing of the application and the registration certificate is issued.
Now that your trademark is registered, you can put registered mark symbol: ®
10. TERM AND RENEWAL
The trademark can be renewed from time to time for 10 years by payment of renewal fees, failing which the marks becomes liable to be removed from the Register on account of non-renewal. Each renewal term is for a period of 10 years.
01.
INITIAL TRADEMARK SEARCH
Mahtta & Co. strives to make the the trademark registration process smooth. We offer to conduct a free trademark search for your proposed mark to give you an idea of how registrable your mark is in India.
02.
PREPARING YOUR APPLICATION
If the search results are positive and the mark looks registrable, we can start preparing your trademark application.
To help us prepare your application, we’ll need to know:
– Name of the Mark/ Logo/ Device prints or Visual Representation – Name of the Applicant – Address and Nationality of the Applicant – Type of Company i.e. Proprietorship, Partnership, Body Incorporate, LLP, or other – Specification of Goods and Services (accordingly we will check the class under which your goods and services fall) – User date of the mark (whether the mark is in use or proposed to be used in India) – General/ Specific Power of Attorney is required
03.
FILING YOUR APPLICATION
– Next your application will be filed with the Trademark Registry Office India and we will drop you an email confirmation of the filing.
– You will receive a trademark application number, You can check the status of your application anytime on the website with this application serial number.
Please note, we cannot change the mark that you register for, or the goods listed in your application once you file. For this reason, the goods listed in your application must be an accurate description of your actual products.
04.
EXAMINATION
After an application is filed, it is examined by the examiner for any discrepancies. The examiner might accept the trademark absolutely, conditionally, or object if they find any discrepancy. The examiner may raise objections under either Section 9, Section 11 or both. On the grounds, of distinctiveness, possibility of deceptiveness and conflicting trademarks the examiner may also raise objections under formal requirements. For example, incorrect or insufficient filing of documents can also be a ground for objection, which may delay the trademark registration process. As per the trademark rules, a month would be given to fulfill the requirements or respond to the objections.
If accepted unconditionally, the trademark gets published in the Trademark Journal. If not accepted unconditionally, the conditions to be fulfilled by filing reply to provisional refusal or discrepancy issued by the examiner in examination report. As per trademark rules, a month would be given to fulfill the requirements or respond to the objections or provisional refusal.
Once such a response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, the Examiner can put the mark for show cause hearing. However, You can also apply for an adjournment in show cause hearing, by filing a TM-M form. You can file for max. 2 adjournment hearing. If the examiner feels that the trademark should be allowed registration in the hearing, it proceeds for publication in the Trademark Journal.
Section 9: Trademarks which cannot be registered:
- If the trademark includes any geographical regions, monuments, etc.
- If the trademark describes kind, quality and nature of your product;
- Which comprises or consists of any scandalous or absence matter; or
- The mark which contains any matter likely to hurt the religious susceptibilities of
any class of the citizens of India
- Which is identical with, or is an imitation of, or contains as an element, an armorial
bearing, flag or other emblem, a name or abbreviation or initials of the name of, or
official sign or hallmark adopted by, any state or international organisation created
by an international convention, charter or other instruments, unless authorised by
the competent authority of that state or organisation
Section 11: The Registrar may accept or refuse the application subject to the provisions of the ordinance. A trademark application in India can be refused/ objected by the Registrar on the following grounds:
- The mark is similar/ identical to an earlier trademark for the same or similar goods/
services.
- The use of which would be likely to deceive or cause confusion
- The application is made in bad intention and faith
05.
TRADEMARK PUBLICATION
The publication step is incorporated in the trademark registration to provide an opportunity for others to oppose the registration. So, anyone who wishes to object to the trademark registration has the chance to file opposition on the same. If, after four months from publication, there is no opposition, the trademark proceeds for registration.
If, however, a person has filed an opposition, the applicant needs to reply with a counter statement within two months. Subsequently, both parties can submit their evidence by way of an Affidavit. Finally, the Registrar decides the order after hearing from both parties.
If the registrar decides in the favor of the applicant, then the mark proceeds for registration.
06.
OPPOSITION PROCESS
On publication of the trademark in the Trademarks journal, Any person has the opportunity to file a notice of opposition against the registration of a trademark within a four-month period.
WRITTEN SUBMISSION
In the event that the applicant receives an opposition from a third party within the 4-month timeframe, they are obligated to file counter statement within 2 months after receiving the opposition notice. Failure to submit a counter statement within this period will lead to the trademark application’s status being changed to “Abandoned” by the trademark registry, If counter is received then the opponent will have to file there evidence within two months from counter statement notice. Failure to File to same will lead to abandonment of opposition. Once the evidence is filed, one copy of same is to be submitted to applicant and then applicant will have to file their evidence within two months of receiving of evidence. The opponent’s rebuttal time of one month begins upon receiving the evidence submitted by the applicant.
Note- For filing the evidence extension of one month is allowed by paying extra fees.
OPPOSITION HEARING
This marks one of the final stages in trademark opposition process. During this phase, both parties are granted the opportunity to present their arguments and propositions. Following a thorough examination of both sides’ arguments, a hearing officer will issue an appropriate decision. If the decision favors the applicant, the trademark will be successfully registered. Conversely, if the decision goes against the applicant, the trademark will be denied. In the event of a rejection, the applicant will be required to initiate the trademark registration process from the beginning.
09.
REGISTRATION OF THE MARK
The application shall proceed to registration where there is no opposition or where the opposition was filed and was decided in favour of the applicant. The mark is then registered for a period of 10 years from the date of filing of the application and the registration certificate is issued.
Now that your trademark is registered, you can put registered mark symbol:  ®
10.
TERM AND RENEWAL
The trademark can be renewed from time to time for 10 years by payment of renewal fees, failing which the marks becomes liable to be removed from the Register on account of non-renewal. Each renewal term is for a period of 10 years.
What is a Trademark?
What is a Trademark?
A trademark is a unique sign, symbol, logo, word, or combination of these elements used to identify and distinguish the goods or services of one business from those of another. Essentially, it serves as a brand identifier, helping consumers recognise and trust the quality of a product or service.
01. Definition and Purpose:
- Definition: A trademark is a legally protected brand element that ensures that only the owner of the trademark has the right to use it in connection with their products or services.
- Purpose: It helps in building brand recognition and loyalty, protects the brand’s reputation, and prevents others from using similar signs that could confuse customers.
02. Types of Trademarks:
- Word Marks: These consist of words, letters, or numbers.
- Device Marks: These include logos or symbols.
- Sound Marks: These are sounds associated with a brand.
- Smell Marks: Smell marks, also known as olfactory trademarks, are a type of nontraditional trademark where a specific scent or fragrance is used to distinguish goods or services. Just like visual logos or brand names, these scents can be legally protected if they are distinctive and consistently associated with a particular brand or product.
03. Registration Process:
- Search: Before applying, conduct a trademark search to ensure that your desired trademark isn’t already registered.
- Application: Submit an application to the relevant trademark office with details of the trademark and the goods/services it will be used for.
- Examination: The trademark office examines the application to ensure it meets legal requirements and does not conflict with existing trademarks.
- Publication: The trademark is published for opposition, allowing others to challenge it if they believe it infringes on their rights
- Registration: If no oppositions are raised, the trademark is registered, and you receive a certificate of registration.
04. Benefits of Trademark Registration:
- Legal Protection: Provides legal backing to defend against infringement and unauthorised use.
- Exclusive Rights: Grants exclusive rights to use the trademark in connection with the registered goods/services.
- Brand Value:Enhances brand value and equity by securing a unique market position.
05. Duration and Renewal:
- Duration: Trademarks are usually valid for a specific period, often 10 years.
- Renewal: They can be renewed indefinitely as long as they are in use and renewal fees arepaid.
A trademark is a vital tool for businesses, protecting their brand identity and ensuring consumers can reliably identify and differentiate their products or services.
What is a Trademark?
A trademark is a unique sign, symbol, logo, word, or combination of these elements used to identify and distinguish the goods or services of one business from those of another. Essentially, it serves as a brand identifier, helping consumers recognise and trust the quality of a product or service. Here’s a more detailed look:
01.
Definition and Purpose:
- Definition: A trademark is a legally protected brand element that ensures that only the owner of the trademark has the right to use it in connection with their products or services.
- Purpose: It helps in building brand recognition and loyalty, protects the brand’s reputation, and prevents others from using similar signs that could confuse customers.
02.
Types of Trademarks:
- Word Marks: These consist of words, letters, or numbers.
- Device Marks: These include logos or symbols.
- Sound Marks: These are sounds associated with a brand.
- Smell Marks: Smell marks, also known as olfactory trademarks, are a type of nontraditional trademark where a specific scent or fragrance is used to distinguish goods or services. Just like visual logos or brand names, these scents can be legally protected if they are distinctive and consistently associated with a particular brand or product.
03.
Registration Process:
- Search: Before applying, conduct a trademark search to ensure that your desired trademark isn’t already registered.
- Application: Submit an application to the relevant trademark office with details of the trademark and the goods/services it will be used for.
- Examination: The trademark office examines the application to ensure it meets legal requirements and does not conflict with existing trademarks.
- Publication: The trademark is published for opposition, allowing others to challenge it if they believe it infringes on their rights
- Registration: If no oppositions are raised, the trademark is registered, and you receive a certificate of registration.
04.
Benefits of Trademark Registration:
- Legal Protection: Provides legal backing to defend against infringement and unauthorised use.
- Exclusive Rights: Grants exclusive rights to use the trademark in connection with the registered goods/services.
- Brand Value:Enhances brand value and equity by securing a unique market position.
05.
Duration and Renewal:
- Duration: Trademarks are usually valid for a specific period, often 10 years.
- Renewal: They can be renewed indefinitely as long as they are in use and renewal fees arepaid.
A trademark is a vital tool for businesses, protecting their brand identity and ensuring consumers can reliably identify and differentiate their products or services.
Types Trademark
Types of Trademark
01. Word Marks
- These trademarks protect words, letters, or numbers. They help distinguish products or services from others.
02. Device Marks
- Similar to word marks, but specific to services rather than products.
03. Sound Marks
- These trademarks protect sounds associated with a brand, like the NBC chimes or the MGM lion’s roar
04. Shape Marks
- Duration: Protects the 3D shape of products (e.g., Toblerone’s triangle shape).
Types of Trademark
01.
Word Marks
- These trademarks protect words, letters, or numbers. They help distinguish products or services from others.
02.
Device Marks
- Similar to word marks, but specific to services rather than products.
03.
Sound Marks
- These trademarks protect sounds associated with a brand, like the NBC chimes or the MGM lion’s roar
04.
Shape Marks
- Duration: Protects the 3D shape of products (e.g., Toblerone’s triangle shape).
What Can You Register?
What Can You Register as a Trademark?
A trademark is a vital asset for any business, distinguishing your products or services from competitors. It can be a word, symbol, design, or a combination that represents your brand. Here’s a detailed look at what qualifies for trademark protection.
01. Business Name
A unique business name is one of the most common trademarks. It prevents others from using a name that could confuse customers.Example: Apple®, Microsoft®, Nike®
02. Logos and Symbols
Logos are distinctive visual representations of your brand. A well-designed logo can become synonymous with your business identity and can be protected as a trademark.Example: The Nike swoosh, McDonald’s golden arches.
03. Slogans and Taglines
Catchy phrases or taglines that are unique to your brand and are used consistently to market your products or services can be trademarked.Example: Nike’s “Just Do It,” L’Oréal’s “Because You’re Worth It.”
04. Product Names
Names of individual products can also be trademarked to ensure exclusivity in the marketplace.Example: iPhone®, Coca-Cola®
05. Sounds
Distinctive sounds that are directly associated with a brand can be trademarked. Example: The MGM lion’s roar, the Intel jingle
06. Packaging / Shape/ Trade Dress
The packaging or design of a product that sets it apart can also be protected under trade dress, a form of trademark protection.
Example: The shape of the Coca-Cola bottle or packaging of chips wrapper
07. Domain Names
In some cases, unique and distinctive domain names can be trademarked if they are strongly tied to a brand identity.
What Can’t Be Registered as a Trademark?
While many aspects of branding can be trademarked, certain things do not qualify:
Why is Trademark Protection Important?
Registering your trademarks helps prevent others from infringing on your brand, ensuring that your business is recognised uniquely in the marketplace.
This content structure provides an informative yet approachable guide for visitors to your website, detailing what can and cannot be registered as a trademark.
What Can You Register as a Trademark?
A trademark is a vital asset for any business, distinguishing your products or services from competitors. It can be a word, symbol, design, or a combination that represents your brand. Here’s a detailed look at what qualifies for trademark protection.
01.
Business Name
A unique business name is one of the most common trademarks. It prevents others from using a name that could confuse customers.Example: Apple®, Microsoft®, Nike®
02.
Logos and Symbols
Logos are distinctive visual representations of your brand. A well-designed logo can become synonymous with your business identity and can be protected as a trademark.Example: The Nike swoosh, McDonald’s golden arches.
03.
Slogans and Taglines
Catchy phrases or taglines that are unique to your brand and are used consistently to market your products or services can be trademarked.Example: Nike’s “Just Do It,” L’Oréal’s “Because You’re Worth It.”
04.
Product Names
Names of individual products can also be trademarked to ensure exclusivity in the marketplace.Example: iPhone®, Coca-Cola®
05.
Sounds
Distinctive sounds that are directly associated with a brand can be trademarked. Example: The MGM lion’s roar, the Intel jingle
06.
Packaging / Shape/ Trade Dress
The packaging or design of a product that sets it apart can also be protected under trade dress, a form of trademark protection.
Example: The shape of the Coca-Cola bottle or packaging of chips wrapper
07.
Domain Names
In some cases, unique and distinctive domain names can be trademarked if they are strongly tied to a brand identity.
What Can’t Be Registered as a Trademark?
While many aspects of branding can be trademarked, certain things do not qualify:
Why is Trademark Protection Important?
01.
Word Marks
Registering your trademarks helps prevent others from infringing on your brand, ensuring that your business is recognised uniquely in the marketplace.
This content structure provides an informative yet approachable guide for visitors to your website, detailing what can and cannot be registered as a trademark.
Documents Required
Documents Required for Trademark Registration in India
Securing a trademark is a crucial step in protecting your brand’s identity and ensuring exclusive rights to your logo, name, or symbol. In India, the process of trademark registration involves submitting specific documents to the Trademark Registry. Below is a comprehensive list of the documents you need to prepare for a successful trademark registration in India.
01. Trademark Application Form (Form TM-A)
The primary document for trademark registration is the application form, known as Form TM-A. This form requires detailed information about the trademark, the applicant, and the goods or services associated with the trademark.
02. Proof of Business Registration
For companies, a copy of the Certificate of Incorporation or other business registration documents is required. Sole proprietors should provide proof of identity, such as a passport or driver’s license, and details of the business.
03. Representation of the Trademark
A clear and high-resolution representation of the trademark is necessary. This can be in the form of a logo, symbol, or wordmark. Ensure the representation adheres to the specifications set by the Trademark Registry.
04. Power of Attorney (Form TM-M)
If you are appointing a trademark attorney or agent to handle your application, a signed Power of Attorney (Form TM-M) is required. This document authorises the attorney to act on your behalf throughout the registration process.
05. Description of Goods or Services
You need to provide a detailed description of the goods or services for which the trademark will be used. This should align with the classifications set by the Indian Trademark Registry, known as the NICE Classification.
06. Proof of Use (if applicable)
Although not always required, proof of use of the trademark in commerce can strengthen your application. This might include advertising materials, product packaging, or invoices showing the trademark.
07. Priority Documents (if applicable)
If you are claiming priority from an earlier application filed in another country under the Paris Convention, you need to provide the priority documents, including the details of the previous application.
08. USER AFFIDAVIT (AT THE TIME OF REGISTRATION)
When filing the registration documents, if the trademark (TM) is already present in India prior to the filing date of the first establishment, you must provide evidence supporting your claim of use in India. This evidence can include purchase/ sales bills and advertisements.
Having all the required documents prepared in advance will facilitate a smooth trademark registration process in India. If you need help with the documentation or the registration process, our team of experts is here to assist you.
Contact us today to get started with your trademark registration and secure your brand’s identity.
Documents Required for Trademark Registration in India
Securing a trademark is a crucial step in protecting your brand’s identity and ensuring exclusive rights to your logo, name, or symbol. In India, the process of trademark registration involves submitting specific documents to the Trademark Registry. Below is a comprehensive list of the documents you need to prepare for a successful trademark registration in India.
01.
Trademark Application Form (Form TM-A)
The primary document for trademark registration is the application form, known as Form TM-A. This form requires detailed information about the trademark, the applicant, and the goods or services associated with the trademark.
02.
Proof of Business Registration
For companies, a copy of the Certificate of Incorporation or other business registration documents is required. Sole proprietors should provide proof of identity, such as a passport or driver’s license, and details of the business.
03.
Representation of the Trademark
A clear and high-resolution representation of the trademark is necessary. This can be in the form of a logo, symbol, or wordmark. Ensure the representation adheres to the specifications set by the Trademark Registry.
04.
Power of Attorney (Form TM-M)
If you are appointing a trademark attorney or agent to handle your application, a signed Power of Attorney (Form TM-M) is required. This document authorises the attorney to act on your behalf throughout the registration process.
05.
Description of Goods or Services
You need to provide a detailed description of the goods or services for which the trademark will be used. This should align with the classifications set by the Indian Trademark Registry, known as the NICE Classification.
06.
Proof of Use (if applicable)
Although not always required, proof of use of the trademark in commerce can strengthen your application. This might include advertising materials, product packaging, or invoices showing the trademark.
07.
Priority Documents (if applicable)
If you are claiming priority from an earlier application filed in another country under the Paris Convention, you need to provide the priority documents, including the details of the previous application.
08.
User Affidavit (if required)
After registration, you may need to submit a user affidavit to maintain the trademark’s validity, showing continuous use of the trademark in business.
Having all the required documents prepared in advance will facilitate a smooth trademark registration process in India. If you need help with the documentation or the registration process, our team of experts is here to assist you.
Contact us today to get started with your trademark registration and secure your brand’s identity.
Trademark Symbols and uses
Trademark Symbols and Their Uses
When it comes to protecting your brand, understanding trademark symbols and their proper usage is crucial. These symbols not only signify the protection status of your mark but also communicate your rights to others. Here’s a guide to the various trademark symbols and how to use them effectively.
01. ™ (Trademark Symbol)
- Usage: This symbol is used to indicate that a term, logo, or slogan is being claimed as a trademark, even if it has not yet been registered with the trademark office.
- Purpose: The ™ symbol serves as a notice to the public that the user considers the mark to be their trademark. It’s often used during the process of registering a trademark or when you want to protect a mark that is not yet officially registered.
02. ® (Registered Trademark Symbol)
- Usage: This symbol should be used only after a trademark has been officially registered with the trademark office.
- Purpose: The ® symbol indicates that the trademark has been granted legal protection and that its use is protected by law. This symbol should only be used after receiving a registration certificate.
03. ℠ (Service Mark Symbol)
- Usage: Similar to the ™ symbol, the ℠ symbol is used to denote that a term or slogan is being used as a service mark, which is used to identify and distinguish services rather than products
- Purpose: This symbol helps to differentiate services and indicates that the user claims exclusive rights to the mark in relation to their services.
Trademark Symbols and Their Uses
When it comes to protecting your brand, understanding trademark symbols and their proper usage is crucial. These symbols not only signify the protection status of your mark but also communicate your rights to others. Here’s a guide to the various trademark symbols and how to use them effectively.
01.
™ (Trademark Symbol)
- Usage: This symbol is used to indicate that a term, logo, or slogan is being claimed as a trademark, even if it has not yet been registered with the trademark office.
- Purpose: The ™ symbol serves as a notice to the public that the user considers the mark to be their trademark. It’s often used during the process of registering a trademark or when you want to protect a mark that is not yet officially registered.
02.
® (Registered Trademark Symbol)
- Usage: This symbol should be used only after a trademark has been officially registered with the trademark office.
- Purpose: The ® symbol indicates that the trademark has been granted legal protection and that its use is protected by law. This symbol should only be used after receiving a registration certificate.
03.
℠ (Service Mark Symbol)
- Usage: Similar to the ™ symbol, the ℠ symbol is used to denote that a term or slogan is being used as a service mark, which is used to identify and distinguish services rather than products
- Purpose: This symbol helps to differentiate services and indicates that the user claims exclusive rights to the mark in relation to their services.
Best Practices for Using Trademark Symbols
- Correct Symbol Usage: Ensure that you use the correct symbol corresponding to the registration status of your trademark. Misusing the ® symbol can result in legal consequences.
- Placement:Place the trademark symbol near the mark it represents. For instance, it can be positioned in the upper right corner of the trademarked term or logo.
- Consistency: Use the trademark symbol consistently in all instances where your mark appears, including marketing materials, product packaging, and digital content.
- Legal Advice: Consider consulting with a trademark attorney to ensure that you’re using the symbols correctly and to understand your rights and obligations.
Understanding and correctly using trademark symbols is essential for protecting your brand identity and ensuring that your intellectual property rights are enforced. By following these guidelines, you can safeguard your trademarks and maintain your brand’s integrity.
Trademark Classes
Trademark Objections
Understanding Trademark Objections in India
When applying for a trademark in India, businesses must navigate various stages of the registration process. One crucial stage is dealing with objections that may arise. Here’s a comprehensive guide to understanding and addressing trademark objections.
What is a Trademark Objection?
A trademark objection occurs when the Trademarks Registry raises concerns about the proposed mark. This objection is typically based on the grounds that the trademark application does not meet the legal requirements or might conflict with existing trademarks. The objection is usually issued in the form of a written examination report.
Common Grounds for Trademark Objection
- Similarity to Existing Trademarks: If the proposed mark is too similar to an already registered trademark, it may be rejected to avoid confusion among consumers.
- Descriptive Marks: Marks that merely describe the goods or services they are associated with may be objected to. For example, Geographical and Religious names.
- Lack of Distinctiveness: A trademark must be distinctive and not generic or common in the trade. A mark that is not capable of distinguishing the goods or services of one business from those of another may face objections.
- Deceptive or Misleading Marks: Marks that can deceive or mislead the public about the nature or quality of the goods or services may be objected to
- Offensive Marks: Trademarks that are offensive or scandalous in nature are also grounds for objections.
How to Respond to a Trademark Objection
- Review the Objection Notice: Carefully read the examination report to understand the specific grounds of objection.
- Prepare a Response: Draft a response addressing each point raised in the objection. This may involve providing evidence of distinctiveness, clarifying the nature of the goods or services, or demonstrating that the mark does not conflict with existing trademarks.
- Submit Evidence: Attach any necessary evidence, such as advertisements, sales data, or expert opinions, to support your case.
- Consult a Trademark Attorney: It is often beneficial to consult with a trademark attorney who can provide expert advice and assist in preparing a robust response.
- Attend a Hearing: If required, attend a hearing before the Registrar of Trademarks to present your case.
Tips for Avoiding Trademark Objections
- Conduct a Comprehensive Trademark Search: Before applying, perform a thorough search to ensure your mark does not conflict with existing trademarks.
- Choose a Distinctive Mark:: Opt for a unique and distinctive mark that stands out and clearly identifies your brand.
- Stay Informed:Keep up-to-date with trademark laws and regulations to avoid common pitfalls.
Tips for Avoiding Trademark Objections
Trademark objections can be a hurdle in the registration process, but with careful preparation and a clear response, you can navigate this challenge effectively. By understanding the grounds for objections and how to address them, you can increase your chances of successful trademark registration.
For personalised advice and assistance, consider consulting a trademark expert to guide you through the process.
Understanding Trademark Objections in India
When applying for a trademark in India, businesses must navigate various stages of the registration process. One crucial stage is dealing with objections that may arise. Here’s a comprehensive guide to understanding and addressing trademark objections.
What is a Trademark Objection?
A trademark objection occurs when the Trademarks Registry raises concerns about the proposed mark. This objection is typically based on the grounds that the trademark application does not meet the legal requirements or might conflict with existing trademarks. The objection is usually issued in the form of a written examination report.
Common Grounds for Trademark Objection
- Similarity to Existing Trademarks: If the proposed mark is too similar to an already registered trademark, it may be rejected to avoid confusion among consumers.
- Descriptive Marks: Marks that merely describe the goods or services they are associated with may be objected to. For example, Geographical and Religious names.
- Lack of Distinctiveness: A trademark must be distinctive and not generic or common in the trade. A mark that is not capable of distinguishing the goods or services of one business from those of another may face objections.
- Deceptive or Misleading Marks: Marks that can deceive or mislead the public about the nature or quality of the goods or services may be objected to
- Offensive Marks: Trademarks that are offensive or scandalous in nature are also grounds for objections.
How to Respond to a Trademark Objection
- Review the Objection Notice: Carefully read the examination report to understand the specific grounds of objection.
- Prepare a Response: Draft a response addressing each point raised in the objection. This may involve providing evidence of distinctiveness, clarifying the nature of the goods or services, or demonstrating that the mark does not conflict with existing trademarks.
- Submit Evidence: Attach any necessary evidence, such as advertisements, sales data, or expert opinions, to support your case.
- Consult a Trademark Attorney: It is often beneficial to consult with a trademark attorney who can provide expert advice and assist in preparing a robust response.
- Attend a Hearing: If required, attend a hearing before the Registrar of Trademarks to present your case.
Tips for Avoiding Trademark Objections
- Conduct a Comprehensive Trademark Search: Before applying, perform a thorough search to ensure your mark does not conflict with existing trademarks.
- Choose a Distinctive Mark:: Opt for a unique and distinctive mark that stands out and clearly identifies your brand.
- Stay Informed:Keep up-to-date with trademark laws and regulations to avoid common pitfalls.
Tips for Avoiding Trademark Objections
Trademark objections can be a hurdle in the registration process, but with careful preparation and a clear response, you can navigate this challenge effectively. By understanding the grounds for objections and how to address them, you can increase your chances of successful trademark registration.
For personalised advice and assistance, consider consulting a trademark expert to guide you through the process.
Trademark Opposition
Why Mahtta & Co.
Why Mahtta & Co.
We are one of the largest intellectual property specialist firms in India – bringing together the right combination of experts to protect, grow and defend your intellectual property assets locally and globally.
And with more than 45 years in the business as a patent and trademark attorney firm it’s what you’d expect!
Ever since our inception in 1981, we have continued to adapt and grow our expertise and approach to deliver solutions that meet the ever-growing needs of our clients. Over the years we have ensured that our clients’ needs remain at the core of what we do and how we deliver our services to them.
We operate under a traditional board and management structure. Our people and our clients benefit from our ability to remain ahead of the curve, reshaping and adapting our business in response to market and industry demands.
Doing business with us is easy. We know that how we work with you is just as important as the advice we provide. In order to achieve the best possible result we match our expertise to your needs.
Why Mahtta & Co.
We are one of the largest intellectual property specialist firms in India – bringing together the right combination of experts to protect, grow and defend your intellectual property assets locally and globally.
And with more than 45 years in the business as a patent and trademark attorney firm it’s what you’d expect!
Ever since our inception in 1981, we have continued to adapt and grow our expertise and approach to deliver solutions that meet the ever-growing needs of our clients. Over the years we have ensured that our clients’ needs remain at the core of what we do and how we deliver our services to them.
We operate under a traditional board and management structure. Our people and our clients benefit from our ability to remain ahead of the curve, reshaping and adapting our business in response to market and industry demands.
Doing business with us is easy. We know that how we work with you is just as important as the advice we provide. In order to achieve the best possible result we match our expertise to your needs.
FAQ's
Trademark is a logo, brand name, product name, website name, word or punch line by which customers recognize or differentiate the products or services of one company from another.
Any Individual Person, Company, Trust, NGO, even Govt. agency can apply for Trademark.
Business name, product name, website domain name, brand name, logo or slogan can be trademarked.
Trademark search is done to check if the name to be registered is already taken by others or is closely similar to existing trademarks in trademark database. Proper trademark search is important in trademark registration process.
Trademark consultant is a lawyer or attorney specialised in Trademark laws. They are also known as Trademark Agents.
Trademark Lawyer is an expert in trademark laws and trademark name registration process. Trademark attorney and lawyer is one and the same.
By filing a trademark application with Indian Trademark Registry, you can protect your trademark.
Government Fees for each trademark application is Rs. 4,500.
Firstly detailed trademark check is conducted, after that one page authority letter is signed by the owner, then the Consultant files the application with the trademark registry.
You can use (TM) mark as soon as the Trademark application is filed and you receive acknowledgement receipt. (R) mark can be used once trademark is registered.
01. INITIAL TRADEMARK SEARCH
Mahtta & Co. strives to make the the trademark registration process smooth. We offer to conduct a free trademark search for your proposed mark to give you an idea of how registrable your mark is in India.
02. PREPARING YOUR APPLICATION
If the search results are positive and the mark looks registrable, we can start preparing your trademark application.
To help us prepare your application, we’ll need to know:
– Name of the Mark/ Logo/ Device prints or Visual Representation – Name of the Applicant – Address and Nationality of the Applicant – Type of Company i.e. Proprietorship, Partnership, Body Incorporate, LLP, or other – Specification of Goods and Services (accordingly we will check the class under which your goods and services fall) – User date of the mark (whether the mark is in use or proposed to be used in India) – General/ Specific Power of Attorney is required
03. FILING YOUR APPLICATION
– Next your application will be filed with the Trademark Registry Office India and we will drop you an email confirmation of the filing.
– You will receive a trademark application number, You can check the status of your application anytime on the website with this application serial number.
Please note, we cannot change the mark that you register for, or the goods listed in your application once you file. For this reason, the goods listed in your application must be an accurate description of your actual products.
04. EXAMINATION
After an application is filed, it is examined by the examiner for any discrepancies. The examiner might accept the trademark absolutely, conditionally, or object if they find any discrepancy. The examiner may raise objections under either Section 9, Section 11 or both. On the grounds, of distinctiveness, possibility of deceptiveness and conflicting trademarks the examiner may also raise objections under formal requirements. For example, incorrect or insufficient filing of documents can also be a ground for objection, which may delay the trademark registration process. As per the trademark rules, a month would be given to fulfill the requirements or respond to the objections.
If accepted unconditionally, the trademark gets published in the Trademark Journal. If not accepted unconditionally, the conditions to be fulfilled by filing reply to provisional refusal or discrepancy issued by the examiner in examination report. As per trademark rules, a month would be given to fulfill the requirements or respond to the objections or provisional refusal.
Once such a response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, the Examiner can put the mark for show cause hearing. However, You can also apply for an adjournment in show cause hearing, by filing a TM-M form. You can file for max. 2 adjournment hearing. If the examiner feels that the trademark should be allowed registration in the hearing, it proceeds for publication in the Trademark Journal.
Section 9: Trademarks which cannot be registered:
- If the trademark includes any geographical regions, monuments, etc.
- If the trademark describes kind, quality and nature of your product;
- Which comprises or consists of any scandalous or absence matter; or
- The mark which contains any matter likely to hurt the religious susceptibilities of
any class of the citizens of India
- Which is identical with, or is an imitation of, or contains as an element, an armorial
bearing, flag or other emblem, a name or abbreviation or initials of the name of, or
official sign or hallmark adopted by, any state or international organisation created
by an international convention, charter or other instruments, unless authorised by
the competent authority of that state or organisation
Section 11: The Registrar may accept or refuse the application subject to the provisions of the ordinance. A trademark application in India can be refused/ objected by the Registrar on the following grounds:
- The mark is similar/ identical to an earlier trademark for the same or similar goods/
services.
- The use of which would be likely to deceive or cause confusion
- The application is made in bad intention and faith
05. TRADEMARK PUBLICATION
The publication step is incorporated in the trademark registration to provide an opportunity for others to oppose the registration. So, anyone who wishes to object to the trademark registration has the chance to file opposition on the same. If, after four months from publication, there is no opposition, the trademark proceeds for registration.
If, however, a person has filed an opposition, the applicant needs to reply with a counter statement within two months. Subsequently, both parties can submit their evidence by way of an Affidavit. Finally, the Registrar decides the order after hearing from both parties.
If the registrar decides in the favor of the applicant, then the mark proceeds for registration.
06. OPPOSITION PROCESS
On publication of the trademark in the Trademarks journal, Any person has the opportunity to file a notice of opposition against the registration of a trademark within a four-month period.
WRITTEN SUBMISSION
In the event that the applicant receives an opposition from a third party within the 4-month timeframe, they are obligated to file counter statement within 2 months after receiving the opposition notice. Failure to submit a counter statement within this period will lead to the trademark application’s status being changed to “Abandoned” by the trademark registry, If counter is received then the opponent will have to file there evidence within two months from counter statement notice. Failure to File to same will lead to abandonment of opposition. Once the evidence is filed, one copy of same is to be submitted to applicant and then applicant will have to file their evidence within two months of receiving of evidence. The opponent’s rebuttal time of one month begins upon receiving the evidence submitted by the applicant.
Note- For filing the evidence extension of one month is allowed by paying extra fees.
OPPOSITION HEARING
This marks one of the final stages in trademark opposition process. During this phase, both parties are granted the opportunity to present their arguments and propositions. Following a thorough examination of both sides’ arguments, a hearing officer will issue an appropriate decision. If the decision favors the applicant, the trademark will be successfully registered. Conversely, if the decision goes against the applicant, the trademark will be denied. In the event of a rejection, the applicant will be required to initiate the trademark registration process from the beginning.
09. REGISTRATION OF THE MARK
The application shall proceed to registration where there is no opposition or where the opposition was filed and was decided in favour of the applicant. The mark is then registered for a period of 10 years from the date of filing of the application and the registration certificate is issued.
Now that your trademark is registered, you can put registered mark symbol: ®
10. TERM AND RENEWAL
The trademark can be renewed from time to time for 10 years by payment of renewal fees, failing which the marks becomes liable to be removed from the Register on account of non-renewal. Each renewal term is for a period of 10 years.
01.
INITIAL TRADEMARK SEARCH
Mahtta & Co. strives to make the the trademark registration process smooth. We offer to conduct a free trademark search for your proposed mark to give you an idea of how registrable your mark is in India.
02.
PREPARING YOUR APPLICATION
If the search results are positive and the mark looks registrable, we can start preparing your trademark application.
To help us prepare your application, we’ll need to know:
– Name of the Mark/ Logo/ Device prints or Visual Representation – Name of the Applicant – Address and Nationality of the Applicant – Type of Company i.e. Proprietorship, Partnership, Body Incorporate, LLP, or other – Specification of Goods and Services (accordingly we will check the class under which your goods and services fall) – User date of the mark (whether the mark is in use or proposed to be used in India) – General/ Specific Power of Attorney is required
03.
FILING YOUR APPLICATION
– Next your application will be filed with the Trademark Registry Office India and we will drop you an email confirmation of the filing.
– You will receive a trademark application number, You can check the status of your application anytime on the website with this application serial number.
Please note, we cannot change the mark that you register for, or the goods listed in your application once you file. For this reason, the goods listed in your application must be an accurate description of your actual products.
04.
EXAMINATION
After an application is filed, it is examined by the examiner for any discrepancies. The examiner might accept the trademark absolutely, conditionally, or object if they find any discrepancy. The examiner may raise objections under either Section 9, Section 11 or both. On the grounds, of distinctiveness, possibility of deceptiveness and conflicting trademarks the examiner may also raise objections under formal requirements. For example, incorrect or insufficient filing of documents can also be a ground for objection, which may delay the trademark registration process. As per the trademark rules, a month would be given to fulfill the requirements or respond to the objections.
If accepted unconditionally, the trademark gets published in the Trademark Journal. If not accepted unconditionally, the conditions to be fulfilled by filing reply to provisional refusal or discrepancy issued by the examiner in examination report. As per trademark rules, a month would be given to fulfill the requirements or respond to the objections or provisional refusal.
Once such a response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, the Examiner can put the mark for show cause hearing. However, You can also apply for an adjournment in show cause hearing, by filing a TM-M form. You can file for max. 2 adjournment hearing. If the examiner feels that the trademark should be allowed registration in the hearing, it proceeds for publication in the Trademark Journal.
Section 9: Trademarks which cannot be registered:
- If the trademark includes any geographical regions, monuments, etc.
- If the trademark describes kind, quality and nature of your product;
- Which comprises or consists of any scandalous or absence matter; or
- The mark which contains any matter likely to hurt the religious susceptibilities of
any class of the citizens of India
- Which is identical with, or is an imitation of, or contains as an element, an armorial
bearing, flag or other emblem, a name or abbreviation or initials of the name of, or
official sign or hallmark adopted by, any state or international organisation created
by an international convention, charter or other instruments, unless authorised by
the competent authority of that state or organisation
Section 11: The Registrar may accept or refuse the application subject to the provisions of the ordinance. A trademark application in India can be refused/ objected by the Registrar on the following grounds:
- The mark is similar/ identical to an earlier trademark for the same or similar goods/
services.
- The use of which would be likely to deceive or cause confusion
- The application is made in bad intention and faith
05.
TRADEMARK PUBLICATION
The publication step is incorporated in the trademark registration to provide an opportunity for others to oppose the registration. So, anyone who wishes to object to the trademark registration has the chance to file opposition on the same. If, after four months from publication, there is no opposition, the trademark proceeds for registration.
If, however, a person has filed an opposition, the applicant needs to reply with a counter statement within two months. Subsequently, both parties can submit their evidence by way of an Affidavit. Finally, the Registrar decides the order after hearing from both parties.
If the registrar decides in the favor of the applicant, then the mark proceeds for registration.
06.
OPPOSITION PROCESS
On publication of the trademark in the Trademarks journal, Any person has the opportunity to file a notice of opposition against the registration of a trademark within a four-month period.
WRITTEN SUBMISSION
In the event that the applicant receives an opposition from a third party within the 4-month timeframe, they are obligated to file counter statement within 2 months after receiving the opposition notice. Failure to submit a counter statement within this period will lead to the trademark application’s status being changed to “Abandoned” by the trademark registry, If counter is received then the opponent will have to file there evidence within two months from counter statement notice. Failure to File to same will lead to abandonment of opposition. Once the evidence is filed, one copy of same is to be submitted to applicant and then applicant will have to file their evidence within two months of receiving of evidence. The opponent’s rebuttal time of one month begins upon receiving the evidence submitted by the applicant.
Note- For filing the evidence extension of one month is allowed by paying extra fees.
OPPOSITION HEARING
This marks one of the final stages in trademark opposition process. During this phase, both parties are granted the opportunity to present their arguments and propositions. Following a thorough examination of both sides’ arguments, a hearing officer will issue an appropriate decision. If the decision favors the applicant, the trademark will be successfully registered. Conversely, if the decision goes against the applicant, the trademark will be denied. In the event of a rejection, the applicant will be required to initiate the trademark registration process from the beginning.
09.
REGISTRATION OF THE MARK
The application shall proceed to registration where there is no opposition or where the opposition was filed and was decided in favour of the applicant. The mark is then registered for a period of 10 years from the date of filing of the application and the registration certificate is issued.
Now that your trademark is registered, you can put registered mark symbol:  ®
10.
TERM AND RENEWAL
The trademark can be renewed from time to time for 10 years by payment of renewal fees, failing which the marks becomes liable to be removed from the Register on account of non-renewal. Each renewal term is for a period of 10 years.
What is a Trademark?
A trademark is a unique sign, symbol, logo, word, or combination of these elements used to identify and distinguish the goods or services of one business from those of another. Essentially, it serves as a brand identifier, helping consumers recognise and trust the quality of a product or service.
01. Definition and Purpose:
- Definition: A trademark is a legally protected brand element that ensures that only the owner of the trademark has the right to use it in connection with their products or services.
- Purpose: It helps in building brand recognition and loyalty, protects the brand’s reputation, and prevents others from using similar signs that could confuse customers.
02. Types of Trademarks:
- Word Marks: These consist of words, letters, or numbers.
- Device Marks: These include logos or symbols.
- Sound Marks: These are sounds associated with a brand.
- Smell Marks: Smell marks, also known as olfactory trademarks, are a type of nontraditional trademark where a specific scent or fragrance is used to distinguish goods or services. Just like visual logos or brand names, these scents can be legally protected if they are distinctive and consistently associated with a particular brand or product.
03. Registration Process:
- Search: Before applying, conduct a trademark search to ensure that your desired trademark isn’t already registered.
- Application: Submit an application to the relevant trademark office with details of the trademark and the goods/services it will be used for.
- Examination: The trademark office examines the application to ensure it meets legal requirements and does not conflict with existing trademarks.
- Publication: The trademark is published for opposition, allowing others to challenge it if they believe it infringes on their rights
- Registration: If no oppositions are raised, the trademark is registered, and you receive a certificate of registration.
04. Benefits of Trademark Registration:
- Legal Protection: Provides legal backing to defend against infringement and unauthorised use.
- Exclusive Rights: Grants exclusive rights to use the trademark in connection with the registered goods/services.
- Brand Value:Enhances brand value and equity by securing a unique market position.
05. Duration and Renewal:
- Duration: Trademarks are usually valid for a specific period, often 10 years.
- Renewal: They can be renewed indefinitely as long as they are in use and renewal fees arepaid.
A trademark is a vital tool for businesses, protecting their brand identity and ensuring consumers can reliably identify and differentiate their products or services.
What is a Trademark?
A trademark is a unique sign, symbol, logo, word, or combination of these elements used to identify and distinguish the goods or services of one business from those of another. Essentially, it serves as a brand identifier, helping consumers recognise and trust the quality of a product or service. Here’s a more detailed look:
01.
Definition and Purpose:
- Definition: A trademark is a legally protected brand element that ensures that only the owner of the trademark has the right to use it in connection with their products or services.
- Purpose: It helps in building brand recognition and loyalty, protects the brand’s reputation, and prevents others from using similar signs that could confuse customers.
02.
Types of Trademarks:
- Word Marks: These consist of words, letters, or numbers.
- Device Marks: These include logos or symbols.
- Sound Marks: These are sounds associated with a brand.
- Smell Marks: Smell marks, also known as olfactory trademarks, are a type of nontraditional trademark where a specific scent or fragrance is used to distinguish goods or services. Just like visual logos or brand names, these scents can be legally protected if they are distinctive and consistently associated with a particular brand or product.
03.
Registration Process:
- Search: Before applying, conduct a trademark search to ensure that your desired trademark isn’t already registered.
- Application: Submit an application to the relevant trademark office with details of the trademark and the goods/services it will be used for.
- Examination: The trademark office examines the application to ensure it meets legal requirements and does not conflict with existing trademarks.
- Publication: The trademark is published for opposition, allowing others to challenge it if they believe it infringes on their rights
- Registration: If no oppositions are raised, the trademark is registered, and you receive a certificate of registration.
04.
Benefits of Trademark Registration:
- Legal Protection: Provides legal backing to defend against infringement and unauthorised use.
- Exclusive Rights: Grants exclusive rights to use the trademark in connection with the registered goods/services.
- Brand Value:Enhances brand value and equity by securing a unique market position.
05.
Duration and Renewal:
- Duration: Trademarks are usually valid for a specific period, often 10 years.
- Renewal: They can be renewed indefinitely as long as they are in use and renewal fees arepaid.
A trademark is a vital tool for businesses, protecting their brand identity and ensuring consumers can reliably identify and differentiate their products or services.
Types of Trademark
01. Word Marks
- These trademarks protect words, letters, or numbers. They help distinguish products or services from others.
02. Device Marks
- Similar to word marks, but specific to services rather than products.
03. Sound Marks
- These trademarks protect sounds associated with a brand, like the NBC chimes or the MGM lion’s roar
04. Shape Marks
- Duration: Protects the 3D shape of products (e.g., Toblerone’s triangle shape).
Types of Trademark
01.
Word Marks
- These trademarks protect words, letters, or numbers. They help distinguish products or services from others.
02.
Device Marks
- Similar to word marks, but specific to services rather than products.
03.
Sound Marks
- These trademarks protect sounds associated with a brand, like the NBC chimes or the MGM lion’s roar
04.
Shape Marks
- Duration: Protects the 3D shape of products (e.g., Toblerone’s triangle shape).
What Can You Register as a Trademark?
A trademark is a vital asset for any business, distinguishing your products or services from competitors. It can be a word, symbol, design, or a combination that represents your brand. Here’s a detailed look at what qualifies for trademark protection.
01. Business Name
A unique business name is one of the most common trademarks. It prevents others from using a name that could confuse customers.Example: Apple®, Microsoft®, Nike®
02. Logos and Symbols
Logos are distinctive visual representations of your brand. A well-designed logo can become synonymous with your business identity and can be protected as a trademark.Example: The Nike swoosh, McDonald’s golden arches.
03. Slogans and Taglines
Catchy phrases or taglines that are unique to your brand and are used consistently to market your products or services can be trademarked.Example: Nike’s “Just Do It,” L’Oréal’s “Because You’re Worth It.”
04. Product Names
Names of individual products can also be trademarked to ensure exclusivity in the marketplace.Example: iPhone®, Coca-Cola®
05. Sounds
Distinctive sounds that are directly associated with a brand can be trademarked. Example: The MGM lion’s roar, the Intel jingle
06. Packaging / Shape/ Trade Dress
The packaging or design of a product that sets it apart can also be protected under trade dress, a form of trademark protection.
Example: The shape of the Coca-Cola bottle or packaging of chips wrapper
07. Domain Names
In some cases, unique and distinctive domain names can be trademarked if they are strongly tied to a brand identity.
What Can’t Be Registered as a Trademark?
While many aspects of branding can be trademarked, certain things do not qualify:
Why is Trademark Protection Important?
Registering your trademarks helps prevent others from infringing on your brand, ensuring that your business is recognised uniquely in the marketplace.
This content structure provides an informative yet approachable guide for visitors to your website, detailing what can and cannot be registered as a trademark.
What Can You Register as a Trademark?
A trademark is a vital asset for any business, distinguishing your products or services from competitors. It can be a word, symbol, design, or a combination that represents your brand. Here’s a detailed look at what qualifies for trademark protection.
01.
Business Name
A unique business name is one of the most common trademarks. It prevents others from using a name that could confuse customers.Example: Apple®, Microsoft®, Nike®
02.
Logos and Symbols
Logos are distinctive visual representations of your brand. A well-designed logo can become synonymous with your business identity and can be protected as a trademark.Example: The Nike swoosh, McDonald’s golden arches.
03.
Slogans and Taglines
Catchy phrases or taglines that are unique to your brand and are used consistently to market your products or services can be trademarked.Example: Nike’s “Just Do It,” L’Oréal’s “Because You’re Worth It.”
04.
Product Names
Names of individual products can also be trademarked to ensure exclusivity in the marketplace.Example: iPhone®, Coca-Cola®
05.
Sounds
Distinctive sounds that are directly associated with a brand can be trademarked. Example: The MGM lion’s roar, the Intel jingle
06.
Packaging / Shape/ Trade Dress
The packaging or design of a product that sets it apart can also be protected under trade dress, a form of trademark protection.
Example: The shape of the Coca-Cola bottle or packaging of chips wrapper
07.
Domain Names
In some cases, unique and distinctive domain names can be trademarked if they are strongly tied to a brand identity.
What Can’t Be Registered as a Trademark?
While many aspects of branding can be trademarked, certain things do not qualify:
Why is Trademark Protection Important?
01.
Word Marks
Registering your trademarks helps prevent others from infringing on your brand, ensuring that your business is recognised uniquely in the marketplace.
This content structure provides an informative yet approachable guide for visitors to your website, detailing what can and cannot be registered as a trademark.
Documents Required for Trademark Registration in India
Securing a trademark is a crucial step in protecting your brand’s identity and ensuring exclusive rights to your logo, name, or symbol. In India, the process of trademark registration involves submitting specific documents to the Trademark Registry. Below is a comprehensive list of the documents you need to prepare for a successful trademark registration in India.
01. Trademark Application Form (Form TM-A)
The primary document for trademark registration is the application form, known as Form TM-A. This form requires detailed information about the trademark, the applicant, and the goods or services associated with the trademark.
02. Proof of Business Registration
For companies, a copy of the Certificate of Incorporation or other business registration documents is required. Sole proprietors should provide proof of identity, such as a passport or driver’s license, and details of the business.
03. Representation of the Trademark
A clear and high-resolution representation of the trademark is necessary. This can be in the form of a logo, symbol, or wordmark. Ensure the representation adheres to the specifications set by the Trademark Registry.
04. Power of Attorney (Form TM-M)
If you are appointing a trademark attorney or agent to handle your application, a signed Power of Attorney (Form TM-M) is required. This document authorises the attorney to act on your behalf throughout the registration process.
05. Description of Goods or Services
You need to provide a detailed description of the goods or services for which the trademark will be used. This should align with the classifications set by the Indian Trademark Registry, known as the NICE Classification.
06. Proof of Use (if applicable)
Although not always required, proof of use of the trademark in commerce can strengthen your application. This might include advertising materials, product packaging, or invoices showing the trademark.
07. Priority Documents (if applicable)
If you are claiming priority from an earlier application filed in another country under the Paris Convention, you need to provide the priority documents, including the details of the previous application.
08. USER AFFIDAVIT (AT THE TIME OF REGISTRATION)
When filing the registration documents, if the trademark (TM) is already present in India prior to the filing date of the first establishment, you must provide evidence supporting your claim of use in India. This evidence can include purchase/ sales bills and advertisements.
Having all the required documents prepared in advance will facilitate a smooth trademark registration process in India. If you need help with the documentation or the registration process, our team of experts is here to assist you.
Contact us today to get started with your trademark registration and secure your brand’s identity.
Documents Required for Trademark Registration in India
Securing a trademark is a crucial step in protecting your brand’s identity and ensuring exclusive rights to your logo, name, or symbol. In India, the process of trademark registration involves submitting specific documents to the Trademark Registry. Below is a comprehensive list of the documents you need to prepare for a successful trademark registration in India.
01.
Trademark Application Form (Form TM-A)
The primary document for trademark registration is the application form, known as Form TM-A. This form requires detailed information about the trademark, the applicant, and the goods or services associated with the trademark.
02.
Proof of Business Registration
For companies, a copy of the Certificate of Incorporation or other business registration documents is required. Sole proprietors should provide proof of identity, such as a passport or driver’s license, and details of the business.
03.
Representation of the Trademark
A clear and high-resolution representation of the trademark is necessary. This can be in the form of a logo, symbol, or wordmark. Ensure the representation adheres to the specifications set by the Trademark Registry.
04.
Power of Attorney (Form TM-M)
If you are appointing a trademark attorney or agent to handle your application, a signed Power of Attorney (Form TM-M) is required. This document authorises the attorney to act on your behalf throughout the registration process.
05.
Description of Goods or Services
You need to provide a detailed description of the goods or services for which the trademark will be used. This should align with the classifications set by the Indian Trademark Registry, known as the NICE Classification.
06.
Proof of Use (if applicable)
Although not always required, proof of use of the trademark in commerce can strengthen your application. This might include advertising materials, product packaging, or invoices showing the trademark.
07.
Priority Documents (if applicable)
If you are claiming priority from an earlier application filed in another country under the Paris Convention, you need to provide the priority documents, including the details of the previous application.
08.
User Affidavit (if required)
After registration, you may need to submit a user affidavit to maintain the trademark’s validity, showing continuous use of the trademark in business.
Having all the required documents prepared in advance will facilitate a smooth trademark registration process in India. If you need help with the documentation or the registration process, our team of experts is here to assist you.
Contact us today to get started with your trademark registration and secure your brand’s identity.
Trademark Symbols and Their Uses
When it comes to protecting your brand, understanding trademark symbols and their proper usage is crucial. These symbols not only signify the protection status of your mark but also communicate your rights to others. Here’s a guide to the various trademark symbols and how to use them effectively.
01. ™ (Trademark Symbol)
- Usage: This symbol is used to indicate that a term, logo, or slogan is being claimed as a trademark, even if it has not yet been registered with the trademark office.
- Purpose: The ™ symbol serves as a notice to the public that the user considers the mark to be their trademark. It’s often used during the process of registering a trademark or when you want to protect a mark that is not yet officially registered.
02. ® (Registered Trademark Symbol)
- Usage: This symbol should be used only after a trademark has been officially registered with the trademark office.
- Purpose: The ® symbol indicates that the trademark has been granted legal protection and that its use is protected by law. This symbol should only be used after receiving a registration certificate.
03. ℠ (Service Mark Symbol)
- Usage: Similar to the ™ symbol, the ℠ symbol is used to denote that a term or slogan is being used as a service mark, which is used to identify and distinguish services rather than products
- Purpose: This symbol helps to differentiate services and indicates that the user claims exclusive rights to the mark in relation to their services.
Trademark Symbols and Their Uses
When it comes to protecting your brand, understanding trademark symbols and their proper usage is crucial. These symbols not only signify the protection status of your mark but also communicate your rights to others. Here’s a guide to the various trademark symbols and how to use them effectively.
01.
™ (Trademark Symbol)
- Usage: This symbol is used to indicate that a term, logo, or slogan is being claimed as a trademark, even if it has not yet been registered with the trademark office.
- Purpose: The ™ symbol serves as a notice to the public that the user considers the mark to be their trademark. It’s often used during the process of registering a trademark or when you want to protect a mark that is not yet officially registered.
02.
® (Registered Trademark Symbol)
- Usage: This symbol should be used only after a trademark has been officially registered with the trademark office.
- Purpose: The ® symbol indicates that the trademark has been granted legal protection and that its use is protected by law. This symbol should only be used after receiving a registration certificate.
03.
℠ (Service Mark Symbol)
- Usage: Similar to the ™ symbol, the ℠ symbol is used to denote that a term or slogan is being used as a service mark, which is used to identify and distinguish services rather than products
- Purpose: This symbol helps to differentiate services and indicates that the user claims exclusive rights to the mark in relation to their services.
Best Practices for Using Trademark Symbols
- Correct Symbol Usage: Ensure that you use the correct symbol corresponding to the registration status of your trademark. Misusing the ® symbol can result in legal consequences.
- Placement:Place the trademark symbol near the mark it represents. For instance, it can be positioned in the upper right corner of the trademarked term or logo.
- Consistency: Use the trademark symbol consistently in all instances where your mark appears, including marketing materials, product packaging, and digital content.
- Legal Advice: Consider consulting with a trademark attorney to ensure that you’re using the symbols correctly and to understand your rights and obligations.
Understanding and correctly using trademark symbols is essential for protecting your brand identity and ensuring that your intellectual property rights are enforced. By following these guidelines, you can safeguard your trademarks and maintain your brand’s integrity.
Understanding Trademark Objections in India
When applying for a trademark in India, businesses must navigate various stages of the registration process. One crucial stage is dealing with objections that may arise. Here’s a comprehensive guide to understanding and addressing trademark objections.
What is a Trademark Objection?
A trademark objection occurs when the Trademarks Registry raises concerns about the proposed mark. This objection is typically based on the grounds that the trademark application does not meet the legal requirements or might conflict with existing trademarks. The objection is usually issued in the form of a written examination report.
Common Grounds for Trademark Objection
- Similarity to Existing Trademarks: If the proposed mark is too similar to an already registered trademark, it may be rejected to avoid confusion among consumers.
- Descriptive Marks: Marks that merely describe the goods or services they are associated with may be objected to. For example, Geographical and Religious names.
- Lack of Distinctiveness: A trademark must be distinctive and not generic or common in the trade. A mark that is not capable of distinguishing the goods or services of one business from those of another may face objections.
- Deceptive or Misleading Marks: Marks that can deceive or mislead the public about the nature or quality of the goods or services may be objected to
- Offensive Marks: Trademarks that are offensive or scandalous in nature are also grounds for objections.
How to Respond to a Trademark Objection
- Review the Objection Notice: Carefully read the examination report to understand the specific grounds of objection.
- Prepare a Response: Draft a response addressing each point raised in the objection. This may involve providing evidence of distinctiveness, clarifying the nature of the goods or services, or demonstrating that the mark does not conflict with existing trademarks.
- Submit Evidence: Attach any necessary evidence, such as advertisements, sales data, or expert opinions, to support your case.
- Consult a Trademark Attorney: It is often beneficial to consult with a trademark attorney who can provide expert advice and assist in preparing a robust response.
- Attend a Hearing: If required, attend a hearing before the Registrar of Trademarks to present your case.
Tips for Avoiding Trademark Objections
- Conduct a Comprehensive Trademark Search: Before applying, perform a thorough search to ensure your mark does not conflict with existing trademarks.
- Choose a Distinctive Mark:: Opt for a unique and distinctive mark that stands out and clearly identifies your brand.
- Stay Informed:Keep up-to-date with trademark laws and regulations to avoid common pitfalls.
Tips for Avoiding Trademark Objections
Trademark objections can be a hurdle in the registration process, but with careful preparation and a clear response, you can navigate this challenge effectively. By understanding the grounds for objections and how to address them, you can increase your chances of successful trademark registration.
For personalised advice and assistance, consider consulting a trademark expert to guide you through the process.
Understanding Trademark Objections in India
When applying for a trademark in India, businesses must navigate various stages of the registration process. One crucial stage is dealing with objections that may arise. Here’s a comprehensive guide to understanding and addressing trademark objections.
What is a Trademark Objection?
A trademark objection occurs when the Trademarks Registry raises concerns about the proposed mark. This objection is typically based on the grounds that the trademark application does not meet the legal requirements or might conflict with existing trademarks. The objection is usually issued in the form of a written examination report.
Common Grounds for Trademark Objection
- Similarity to Existing Trademarks: If the proposed mark is too similar to an already registered trademark, it may be rejected to avoid confusion among consumers.
- Descriptive Marks: Marks that merely describe the goods or services they are associated with may be objected to. For example, Geographical and Religious names.
- Lack of Distinctiveness: A trademark must be distinctive and not generic or common in the trade. A mark that is not capable of distinguishing the goods or services of one business from those of another may face objections.
- Deceptive or Misleading Marks: Marks that can deceive or mislead the public about the nature or quality of the goods or services may be objected to
- Offensive Marks: Trademarks that are offensive or scandalous in nature are also grounds for objections.
How to Respond to a Trademark Objection
- Review the Objection Notice: Carefully read the examination report to understand the specific grounds of objection.
- Prepare a Response: Draft a response addressing each point raised in the objection. This may involve providing evidence of distinctiveness, clarifying the nature of the goods or services, or demonstrating that the mark does not conflict with existing trademarks.
- Submit Evidence: Attach any necessary evidence, such as advertisements, sales data, or expert opinions, to support your case.
- Consult a Trademark Attorney: It is often beneficial to consult with a trademark attorney who can provide expert advice and assist in preparing a robust response.
- Attend a Hearing: If required, attend a hearing before the Registrar of Trademarks to present your case.
Tips for Avoiding Trademark Objections
- Conduct a Comprehensive Trademark Search: Before applying, perform a thorough search to ensure your mark does not conflict with existing trademarks.
- Choose a Distinctive Mark:: Opt for a unique and distinctive mark that stands out and clearly identifies your brand.
- Stay Informed:Keep up-to-date with trademark laws and regulations to avoid common pitfalls.
Tips for Avoiding Trademark Objections
Trademark objections can be a hurdle in the registration process, but with careful preparation and a clear response, you can navigate this challenge effectively. By understanding the grounds for objections and how to address them, you can increase your chances of successful trademark registration.
For personalised advice and assistance, consider consulting a trademark expert to guide you through the process.
Why Mahtta & Co.
We are one of the largest intellectual property specialist firms in India – bringing together the right combination of experts to protect, grow and defend your intellectual property assets locally and globally.
And with more than 45 years in the business as a patent and trademark attorney firm it’s what you’d expect!
Ever since our inception in 1981, we have continued to adapt and grow our expertise and approach to deliver solutions that meet the ever-growing needs of our clients. Over the years we have ensured that our clients’ needs remain at the core of what we do and how we deliver our services to them.
We operate under a traditional board and management structure. Our people and our clients benefit from our ability to remain ahead of the curve, reshaping and adapting our business in response to market and industry demands.
Doing business with us is easy. We know that how we work with you is just as important as the advice we provide. In order to achieve the best possible result we match our expertise to your needs.
Why Mahtta & Co.
We are one of the largest intellectual property specialist firms in India – bringing together the right combination of experts to protect, grow and defend your intellectual property assets locally and globally.
And with more than 45 years in the business as a patent and trademark attorney firm it’s what you’d expect!
Ever since our inception in 1981, we have continued to adapt and grow our expertise and approach to deliver solutions that meet the ever-growing needs of our clients. Over the years we have ensured that our clients’ needs remain at the core of what we do and how we deliver our services to them.
We operate under a traditional board and management structure. Our people and our clients benefit from our ability to remain ahead of the curve, reshaping and adapting our business in response to market and industry demands.
Doing business with us is easy. We know that how we work with you is just as important as the advice we provide. In order to achieve the best possible result we match our expertise to your needs.
Trademark is a logo, brand name, product name, website name, word or punch line by which customers recognize or differentiate the products or services of one company from another.
Any Individual Person, Company, Trust, NGO, even Govt. agency can apply for Trademark.
Business name, product name, website domain name, brand name, logo or slogan can be trademarked.
Trademark search is done to check if the name to be registered is already taken by others or is closely similar to existing trademarks in trademark database. Proper trademark search is important in trademark registration process.
Trademark consultant is a lawyer or attorney specialised in Trademark laws. They are also known as Trademark Agents.
Trademark Lawyer is an expert in trademark laws and trademark name registration process. Trademark attorney and lawyer is one and the same.
By filing a trademark application with Indian Trademark Registry, you can protect your trademark.
Government Fees for each trademark application is Rs. 4,500.
Firstly detailed trademark check is conducted, after that one page authority letter is signed by the owner, then the Consultant files the application with the trademark registry.
You can use (TM) mark as soon as the Trademark application is filed and you receive acknowledgement receipt. (R) mark can be used once trademark is registered.