Trademark Registration

T rademark is a brand or a logo that you use to distinguish your product from those of your competitors.Trademark is a distinguishable Design, Symbol, Word, or Mark legally registered for representing an Entity or a Product. It not only provides an exclusive right to use the symbol but also enhance goodwill and face value of Owner.

The term Trademark is the legal term for  “intellectual property”.One can also say that a Trademark is typically a name, word, phrase, logo, symbol, design, image or a combination of these elements. A trademark identifies the brand owner of a particular product or service.The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.

A Trademark Registration is highly recommended as a businessman would never want someone else to get the registration of their own brand and put them out of the competition.Once a Trademark is registered with Registrar of Trademark, The Registered Owner get an exclusive right to use such Trademark. It is important to note that the conferred right is only limited to republic of India. If an entity wants to get the global protection then it need to apply for the registration in every country individually.

Trademark Registration is very important for  the Organisation and therefore various provisions applicable on it so such Trademark Registration should be as per provisions of the act otherwise such Non Compliance of these provisions lead to hefty fine, Penalty  on the Management of organisation.

We, Compliance Hands, a team of more than 50 qualified professionals like CA, CS, Advocates etc, having experience of more than 5 years of handling tasks like this and have completed more than 2000 projects. We ensure all the compliance on time and you can carry on your business without any hiccups.

Types of Trademark

1. Word Mark– Any word, name , number or combination of word & number which is not unusual for trade  can be applied as trademark for example a word to adopt as a mark like IBM, or it may contain any number like 555, or it may be combination of name & numbers like 3M.
2. Device Mark/Logo-A Device Mark/ Logo on the other hand gives the trademark owner the right to a particular combination of images, design and words taken together like Apple logo, Nike logo.
3. Colour Mark: Colour mark consist a specific colour or combination of colors to indicate the usage or origin of Goods or Services.
4. Three-Dimensional Mark: It is used the where the product has particular shape and it is well indicated in three-dimensional mark like Audi mark.
5. Sound Mark: A sound can be so distinctive to indicate something that’s why it becomes necessary to protect such sound mark like Nokia Tune, Super Mario Bros. coin sound effect.

Use of “TM” and ® symbols
The “TM” symbol stands for Trade Mark. It gives an indication to the general public that the owner of the mark has filed a Trademark application with the department for exclusive rights to a mark. The “TM” symbol can be affixed on the top right corner of the mark till the Trademark is registered with the department.
The “®” symbol gives an indication to the general public that the Trademark has been registered with the department and is not available for use by anyone except the owner of the Trademark.

Validity of Registration
A Trademark registered in India is valid for 10 years from the date of its Registration, once expired; it can be renewed for further 10 years from the date of expiration.

Certain cannot be registered as Trademark
A trademark has to have one basic feature that is it should be unique and create a brand identity for a product. So if a trademark is such that does not create any brand for a product can’t be trademarked. In general,
  • Generic words can’t be trademarked. For example you can’t trademark the words like TV, Fridge, scooter, car etc.
  • The names of the cities and countries can not be trademarked.
  • The names of Gods and Goddesses and the names of religious books can not be trademarked. For example you can’t trademark *Lord Ram* or *Ramayana*
  • Surnames can not be trademarked under normal circumstances. For Example you can’t trademark *Sharma*
  • Names of Constitutional Posts or Government posts can’t be trademarked. For examples you can’t trademark *Prime Minister of India
  • Words which denote illegal or Immoral acts can’t be trademarked. For example you can’t trademark *Let’s cheat* or *Let’s grope*
  • Words which are prohibited under names and emblems act can’t be trademarked. For example, you can’t trademark the official sign of Government of India

1. Exclusive rights –Trade mark registration gives the proprietor the right to exclusive use of the mark in respect of the goods or services covered by it. Possibly the most important reason for registration of a trade mark is the powerful remedies against unauthorized use. 
2. Hypothecation / security- A registered trade mark can be hypothecated as security, meaning that a registered trade mark can be pledged as security to secure loan facilities much the same way as immovable property can be bonded.
3. Intangible property-A very important reason for registration is to create the trade mark as an identifiable intangible property in the legal sense. Trade mark registration is a value store or receptacle of the value attaching to the reputation or goodwill that the product enjoys.
4. Licensing- A registered trade mark can be licensed. A trade mark licence can be recorded on the trade mark register, giving the licensee rights to institute legal proceedings in the event of infringement.
5. Assignment- A registered trade mark can be transferred. The same is not possible for a common law trade mark, which can only be transferred with the business.
6. Deterrent- Trademark registration deters other traders from using trademarks that are similar or identical to yours in relation to goods and services like yours. By using the ® symbol, youput others on notice of your rights. Moreover, a registered mark can be found when others search the official register before choosing to commence using a particular name.
7. Use in proceedings-A trade mark registration is prima facie evidence of validity of the registration and the rights conveyed by registration. 
8. The right to use the symbol ® or “R” or word registered-Once the trade marks is registered the symbol ® or “R” or word “Registered” may be used for the goods and services listed in the registration.
9. Foreign territories – A registered mark can be used as a basis to obtain registration in some foreign countries, facilitating protection of the brand worldwide as the business expands.
10.Prevention of Counterfeit Goods – A registered trademarks empowers customs authorities at ports of entries to prevent the importation of counterfeit foreign goods and provide rights, to take civil or criminal action against a person or company that is involved in counterfeiting.

 
1.  Copy of the Pan Card of the Company/Firm/LLP/Society/Trust.
2. Self attested copy of, Bank Statement, Landline Bill, Power Connection Bill, water Bill in the name of the establishment, Any license/certificate/number issued by any Govt. authority etc., as address proof of the establishment.
3. In case of company Memorandum/Articles of Association/bi-laws of Society or Trust/ Partnership Deed.
4. ID, Address Proof, Mobile Number & E mail ID of all Directors/Partners/Members of Society or Trust.
5. Copy of registration certificate issued under Companies Act, GST, Co-operative Society act, Shop & establishment etc.,
6. Business Activity of the Company/Firm/LLP/Society/Trust.
7. Wordmark, Logo, Design which to be registered.
8. E-Mail id and Mobile number of the firm/company.

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