A Trademark is a mark or sign that enables a business to differentiate its goods and services from that of others. Trademark of a business is like its identity and helps the business in creating a brand name for its goods or services offered. The Trademark registration is a legal process laid down under the Trade Mark Act, 1999. A Trademark may be obtained for the following:
- Name, including Surname
- Letters, Numbers or a mix of both
- Colours or combination of colors
- Shapes of goods
Trademark registration restricts any person from using the mark without proper licensing and registration. A person who is not authorised to use a Trademark cannot sell, manufacture or distribute the mark or goods or services related to it. Any such unauthorised act would be considered as Trademark infringement and liable for legal action.
Requirements For Trademark Registration In India
- The logo which has to be trademarked
- Form TM 48
- Date when the mark was first used
- Name and address of proprietor
- Prescribed Fee
Forms Related To Trademark In India
- Form TM-1, TM-2, TM-3, TM-8, TM-51. These forms are required to file an application for Trademark. A proprietor would choose one of the following forms depending on the nature of his application.
- Form TM-5. This is to oppose an application published in the Trademark Journal.
- Form TM-12. Renewal of Registered Trademark.
- Form TM-10. In case of Late Renewal.
- Form TM-13. Restoring a removed Trademark.
- Form TM-26. Rectification of Trademark.
Process Of Trademark Registration
- Research that the trademark does not exist already before filing for registration of Trademark.
- Make an Application for Trademark registration and pay the prescribed fee
- Once the Trademark is successfully registered, an official receipt will be issued with a TM number.
- File an examination report within 3 months from the application.
- A response will be received with regard to the registration in the form of an affidavit, hearing or interview.
- An examination report will be issued after verifying that the trademark is not conflicting with an existing or pending trademark.
- The application will be published in the Indian Trademarks Journal with its status.
- A 3-month long window will be provided to any person who wants to oppose registration of the trademark
- The trademark will be rejected or accepted accordingly after considering the opposition if any.
- The trademark will remain valid for a period of 10 years
- It can further be renewed for a period of 10 years by filing a renewal application.