A Trademark (“TM”) generally refers to a “brand” or “logo”. Trademark means any sign capable of being represented graphically, and of distinguishing goods and services of one undertaking from those of another.  A trademark may consist of words (including personal names), figurative elements, letters, numerals or the shape of goods or their packaging.

A Trademark not only gives the trademark owner the exclusive right to use the mark, but also allows the owner to prevent others from using a similar mark that can be confusing for the general public. A trademark cannot, however, prevent another person or company from making or selling the same goods or service under a clearly different mark. Rights to a mark can be established through the legitimate use of the mark in a commercial or business setting.

Brief Details about Trademark Registration

1) Who can apply for trademark?

Any person which can be individual, company, proprietor or legal entity claiming to be owner of the trademark can apply. The application for trademark can be filed within few days and you can start using “TM” symbol. And the time required for trademark registry to complete formalities is 6 to 8 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed time to time.

2) What Kinds of Things Can Be Registered as Trademarks?

You can trademark many of the things that you use to distinguish your business from other businesses. You might have a trademark for:

• Your business name
• A product name
• Your logo or label
• A symbol or design
• A sound
• A product package

3) Functions of a trade mark are: 

• It identifies the service or product and its source
• It guarantees its quality
• helps in Advertisement of service or product 

4) What protection does Trademark Registration provide?

A trademark registration:

• provides prima facie evidence of ownership and validity;
• provides statutory protection in India;
• helps to deter others from using the trademark unlawfully; and
• allows a suit for infringement to be brought.

In contrast, in the case of an unregistered mark, a passing-off suit can be filed. As passing off is a common law remedy, the burden of proof is more severe on the plaintiff than in an infringement action.

Registering Authority

• Office of the Controller General of Patents, Designs & Trade Marks

Government Fees Payable

Trademark Application – INR 4,500/- in case of Individual/ Startup/ Small Enterprise –

Small Enterprise refers to those enterprise who are registered under the MSME Act having MSME Registration Certificate (Click here to avail MSME Registration)

9,000/- in all other cases

Documents Required

To register a trademark the following documents should be uploaded on abiZa platform:

1. Logo, if applicable.
2. Identity proof of the trademark owner
3. Incorporation certificate, if company or LLP
4. Address proof

Note: Logo is not mandatory. Word alone can be trademarked.

1. Conducting of Trademark Search.
2. Selection of Trademark classes.
3. Filing of Trademark Application
4. Payment of fees
5. Examination of TM Application
6. Publication of Trademark in Journal
7. Filing of Reply to Objections, if any
8. Issuance of TM Registration Certificate

Advantages

 1.EXCLUSIVE RIGHTS
2.HYPOTHECATION / SECURITY
3.INTANGIBLE PROPERTY
4.LICENSING
5.ASSIGNMENT
6.THE RIGHT TO USE THE SYMBOL ® OR “R” OR WORD REGISTERED

Disadvantages

 1.NO DISADVANTAGES