Trademark Registration Online India is a registration process for trademarks of different businesses who are interested in protecting their economic interests in the market. Online trademark registration in India is very desirable if someone wants to protect his trademark. Legal protection is provided in India to every trademark whether it is registered in India or not. However, trademark registration in India provides easy resolution if any dispute arises. Before proceeding with the procedures explaining trademark registration online India, let us first discuss the basic things of trademarks such as what is trademark and all?
Trademark Meaning: Trademark (TM) is basically a sign or a symbol distinctive in nature used to distinguish goods and services of one undertaking by that of another.
Therefore “A trademark is a sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors”
A trademark may consist of words, designs, letters, numerals or packaging, slogans, devices, symbols, etc. which must be unique and distinct and is eligible for trademark registration online India.
In Mobile Sector:
- Apple.inc : An apple with a small bite
- Xiaomi : mi in small block letters
- Samsung: The word Samsung itself in blue horizontal eclipse circle.
In Cars and Auto Mobile Sector:
- Jaguar : An animal jaguar symbol
- Mercedes: A circular symbol with three lines forming a distinctive symbol.
- Audi: 4 circular rings entangled in each other.
Thus it is clear from aforesaid that trademark is a symbol that represents its company or enterprise product, creating a clear distinguishes from those similar kinds of products in the market and if the trademark registration online India has been done of the particular trademark then it also has legal protection in the India.
Notwithstanding Trademarks may include words, letters, numerals,
Abbreviations or names for instance, surnames eg: Ford – named, of course, after Henry Ford, who built the first one abbreviation such as IBM, but
Trademarks can also be made out of devices or figurative elements, like that of
the Mercedes Benz company.
It is important to know that trademarks which are registrable under trademark registration online India may also be two or three dimensional;
For example: – Hologram mark. If you look at a credit card, you will see a small image that changes according to the angle from which you look at it; sound marks: an advertising jingle; smell marks in certain countries, is a wide variety of signs that can be used as trademarks, on the same two conditions: mark must be distinctive and must not be deceptive; all of which can be protected as per the Act.
Different Components of Trademark Registration Online India
Mainly there are two components to a trademark registration online India:
- It should be distinctive in nature.
- It should not be deceptive
To be distinctive it must by its very nature be able to distinguish goods and services as earlier mentioned. Distinctiveness creates a clear difference resulting in helping the consumers to distinguish and identify the product of its required quality and goodwill earned by its trademark “Apple” is a very distinctive trademark for a computer, because it has absolutely nothing to do with computers, it would not be distinctive for actual apples. In other words, someone who grows and sells them could not register the word ‘apple’ as a trademark under trademark registration online India and protect it, because his competitors have to be able to use the word to describe their own goods. Trademark is not distinctive if it is descriptive. It is descriptive if it describes the nature or identity of the goods or services for which it is used.
Trademark can be held deceptive when one says that the goods for which it is used have certain qualities when they don’t. The word deceptive itself means giving an appearance or impression different from the true one or misleading. Deceptive trademark is not registrable under trademark registration online India.
For Example: – Wallets sold on streets quoting genuine leather when they are not at all made of leather, concluding, thereby, it is important to note that Trademarks may be distinctive or descriptive but shall not be deceptive.
The Act enlightens no Deceptive trademark can be registered under trademark registration online India.
One of the components also includes the trademark being completely distinctive and not even similar to another numerically, phonetically or in any other manner, that may create confusion in the market.
Example: – A trade mark similar to famous GUCCI brand (bags) , selling same product marketing as GUCI or any other similar way.
Trademark Registration Online India:
Trademark registration online India constitutes that the trademark will be protected and recognised in the Indian Market. Any infringement of a Trademark which is registered under Trademark Registration online India law will have to undergo offences and punishment as per mention in the TRADEMARKS ACT 1999.
For trademark registration online India the Act exceeds explaining :
- Section 2(1)(zb) of the Trademark Act, 1999, says that a trademark must be a mark which includes a device, heading, brand, label, ticket, signature, word, letter, name, numeral, packaging or combination of colours or any combination of the above attributes.
- It must be of the nature of being represented graphically.
- It must serve the purpose of distinguishing products of a manufacturer from another.
- Shape, colour combination and packaging may be protected as trademarks.
- The usage or proposed usage should be in relation to any particular goods or services.
- It should be capable of projecting connection of a person/group of persons with manufacture of the goods or provision of services.
- Protection may be granted to a trademark through continuous usage or by registration under the Trade Marks Act, 1999.
- Trademarks protected through usage is connected to the goodwill of the enterprise which is acquired through continuous usage. On the other hand, protection can be granted under the Act of 1999 for intended usage as well.
Most intellectual properties like copyrights and patents enjoy a limited duration of protection, while trademarks can have virtually an infinite period of protection provided certain conditions are met. For instance, it is important that the trademark should be in use and renewed from time to time. It is also vital to take action against infringers whenever spotted.
They are protected in India for ten years and may be extended for more 10 years.
Process of Trademark Registration Online India:
Section 18 deals with the procedure for making an application for registration. Any person claiming to be the Proprietor of a trademark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trademark. Sub-section (2) of Section 18 allows registration in several classes of goods or services by means of a single application. However, the fee payable is to be calculated on the basis of the number of classes in which registration is sought. Section 23 places obligation on the Registrar to register the trade mark where the procedure for registration of a trade mark has been completed viz., the application has been accepted and either the application has not been opposed or the opposition has been dismissed.
Section 9(1) of the Act containing provisions relating to absolute grounds for refusal for registration prohibit the registration of those trademarks which are devoid of any distinctive character or which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, etc., or which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade. In short, a trade mark which has been demonstrated to be distinctive in the market place shall be regarded as distinctive in law as well be register able. Sub-section (3) prohibits registration of a mark, if it consists exclusively of shape of goods which result from the nature of the goods themselves or which is necessary to obtain a technical result or which gives substantial value to the goods.
The registration can be renewed as per Section 25(4) for another 10 years.
Documents Required for Trademark Registration Online India:
Registration ensures protection and thus is a important procedure. It can be obtained by help of a Legal Advisor , Lawyer/Advocate, Company Secretary or any person/entity qualified and authorised to do so.
Trademark Registration Online India process in India has been simplified by the Government and Entrepreneurs can now easily obtain Trademark Registration Online India for their brands within a few months.
Documents may differ as per the type of enterprise or company .
- Individuals / Sole Proprietor:
- Copy of the logo, preferably in black & white (Optional). In case logo is not provided, the trademark application can be filed for the word.
- Signed Form-48. Form-48 is a authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
- Identity Proof of the individual or Proprietor.
- Address Proof of the individual or Proprietor.
The Trademark Registration Online India fee varies between Rs.4500 to Rs.9500. For small enterprises, start-ups, proprietorships and individuals, the lower trademark fee of Rs.4500 is applicable. For all other entities, the trademark government fee applicable is Rs.9500. To be classified as a small enterprise, the applicant would have to provide Udyog Aadhar registration certificate. Further, in addition to the Udyog Aadhar registration, the following details would be required.
- Copy of Logo (Optional)
- Signed Form-48.
- Udyog Aadhar Registration Certificate.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
All other applicants, including companies that do not have Udyog Aadhar registration will have to submit the following documents to obtain Trademark Registration Online India in India.
- Copy of Logo (Optional)
- Signed Form-48.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
Hence with help of the aforesaid documents it is registered under Trademark Registration Online India.
Benefits of Trademark Registration Online India in India:
- Maintaining and creating Goodwill in Indian market: Once a good will is earned amongst the people, you become the king of business. People ultimately want a good standard product for the money they offer. When a registered trademark is done under online trademark registration in India for those products, it gets easy for the people to identify the best among the market.
- Protection from Suspicious of Adulteration: The creation of Goodwill and known mark in the market assures the Quality and advantages of the product at their affordable prices. Sooner or later it is known to be a well known Brand which assures a good quality and is cancelled from suspicious goods.
- Protection from Infringement for 10 years: No competitor or other person can use the word mark or logo registered by you under trademark. However, if in any case one uses it without the approval of the owner of trademark or make any deceptive use of same, the owner can get the legal protection under the Act and stop the person doing so. Online Trademark Registration Online India is done on a very low maintainability cost. Once you register the trademark you have to just pay the maintenance cost and renewal cost which is after 10 years of registering the trademark. It is cost efficient and helps your company create an unique image.
- Assignment/Transmission: Section 37 entitles the registered proprietor of a trademark to assign the trade mark and to give effectual receipts for any consideration for such assignment. Section 38 deals with the assignability and transmissibility of a registered trade mark with or without goodwill of the business either in respect of all goods or services or part thereof. Section 39 provides that unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned. Section 44 states that associated trademarks shall be assignable and transmissible only as a whole but they will be treated as separate trade marks for all other purposes. Section 45 deals with the procedure for registration of assignment and transmission and provides that where the validity of an assignment is in dispute between the parties, the Registrar may refuse to register the assignment or transmission unless the rights of parties are determined by the competent court.
- Use of ® symbol: Once a symbol registered it is authorised to use the ® symbol after its name or mark , reflecting that the mark or phrase has been registered duly under the Trademarks Act,1999.
Different Types of Trademark Registration Online India:
Pre-existing, conventional category of trade mark, are often difficult to register, but which may nevertheless fulfil the essential trademark function of uniquely identifying the commercial origin of products or services. Conventional Trademarks are registrable under Trademark Registration Online India.
An unconventional trademark is a type of trademark which does not fall into the category of conventional or traditional trademarks. An unconventional trademark is mainly in the form of sound marks, smell marks, shape marks or colour marks. An unconventional mark must possess the communicative ability of being able to differentiate the goods and services of one person from that of another. Unconventional Trademarks are registrable under Trademark Registration Online India.
The new trademark rules that came into existence on 6th March 2017 ushered in a new era for trademark registration online India of unconventional marks. The new trademark rules provide for the registration under TM registration online India of sound marks under Rule 26(5). Sound marks can be registered by submitting a sound clip along with the musical notations. Colour marks can be applied for by submitting a reproduction of that combination of colours. The onus will be on the Applicant to show that the colour or sound has acquired distinctiveness or secondary meaning due to continuous bonafide usage. As for smell mark registration under online trademark registration in India, there is no provision till date.
ICICI bank was the first Indian entity to get a sound mark registration under Trademark registration Online India for its jingle.
Even if a mark is not inherently distinctive, brand owners can still apply for online brand name registration India trademark if the mark has acquired distinctiveness due to its use over a long period of time. This mostly applies to colour marks. Combination of colours or single colours is not easy to be established as inherently distinctive. During online trademark application India, the applicant must provide evidence to show that the colour or combination of colours is solely associated with them and exclusively designates their goods and the public associates the colour with the goods of the online trademark application India. The burden of proof is on the applicant to show that the colour has acquired distinctiveness or secondary meaning and eligible for Trademark registration Online India.
Various Advantages of Trademark Registration Online India:
- Protection from infringement: Section 29 dealing with infringement of trademarks, explicitly enumerates the grounds which constitute infringement of a trademark. This section clearly states that a registered trade mark is infringed, if –
(a) The mark is identical and is used in respect of similar goods or services; or
(b) The mark is similar to the registered trade mark and there is an identity or similarity of the goods or services covered by the trade mark; or
(c) The trade mark is identical and is used in relation to identical goods or services; and that such use is likely to cause confusion on the part of the public or is likely to be taken to have an association with the registered trade mark. Additionally in respect of cases falling in category (c) above, there will be a legal presumption of likelihood of confusion on the part of the public.
Such Infringement is protected strictly after Trademark registration Online India is done for the concerned trademarks.
- Exclusive rights: The owner of Trademark registered under Trademark registration Online India enjoys exclusive right over the trademark. The owner can use the same for all the products falling under the class(es) applied. Further, the owner can enjoy the sole ownership of the Trademark registered under online trade mark registration in India and can stop other from the unauthorised use of the Trademark.
- Assignment/ transmission: Registered user is authorised to assign or even transmit their trade mark registered under TM registration online India to whomsoever they deem fit
- Use of ® symbol: Once a symbol registered under Trademark registration Online India, it is authorised to use the ® symbol after its name or mark , reflecting that the mark or phrase has been registered duly under the Trademarks Act,1999.
- Recognisation of the Product and its Quality: Once a mark is registered under online brand name registration India or Trademark registration Online India it is recognised and represents its Quality Quantity and other perks just by its symbol. The mark assures the Quality and guarantee of the product marketed by the company. Trademark Lawyer in India can help you in this regard.
- Ease in differentiation: The distinctiveness of the trademark helps in differentiating the original product versus counterfeited products and those with similar product type.
- Brand Name : Online Brand Registration India requires brand name to be registered in order to avail legal protection from infringement. Sooner or later the mark is well known in the market creating a brand that reflects the good quality and style of the product.
- Creation of Goodwill/Trust: The established quality of your product and services are known by everyone through the trademark and which establishes trust and goodwill among the customers in market. It helps in creating permanent customers who are loyal and always opt for the same brand.
- Creation of asset: Trademark registration Online India creates an intangible asset i.e. Intellectual Property for an organisation. Registered trademark is a right created which can be sold, assigned, franchised or commercially contracted. Also, the Trademark is an intangible asset which gives the advantage to the organisation.
- Collateral Security: Trademark Registration Online India is in the nature of a collateral security furnishing the trader with a cheaper and more direct remedy against infringers. Cancel the registration, and he has still the right enforceable at common law, to restrain the piracy of his trademark, provided of course he can prove that such piracy amounts to an imposition upon the public.
- Generating Profit: Trademark Registration Online India gradually creates a increase in sales resulting in generating profits
- Global Registration: If one wants Trademark registration Online out of India, the Trademark registration Online India can be used as basis of international registration. For any person willing to expand outside India, online trademark registration in India can provide a good base along with the established Goodwill in other Country. The trademark application India for registration in other company is required to be made within prescribed time of application in India. Several trademark attorney in India provide these services.
- Attract Human resource: Young minds aspire to join big Brands as it acts as a magnet. It inspires the positive image of the organisation and thus candidates are attracted towards them easily. This reduces the cost towards hiring and related activities. The benefits of the Trademark Registration Online India are more than what it costs to be registered. Its value may not be calculated in monetary terms in short term but the market presence offered by registered trademark plays a huge role for the business growth.
- Expansion of Business: Naturally with increasing sales and assignments there is an indirect growth in the business
- Out of Purview of Adulteration: The creation of Goodwill and known mark in the market assures the Quality and advantages of the product at their affordable prices. Sooner or later it is known to be a well known Brand which assures a good quality and is cancelled from suspicious goods.
FAQs of Trademark Registration Online India
How to select a good trademark that is easy for Trademark registration Online India ?
Select a mark, symbol, phrase or combination of words or even numerals that is distinctive and reflects your product . Make it an attempt to avoid the marks that are already registered. Avoid names of geographical indications and well known trademarks similarity.
What is the function of a trademark under Trademark registration Online India ?
- identifies the goods/services and its origin
- guarantees unchanged quality of product
- advertises goods and services
- creates a differentiating image of the product
Who can apply for Trademark registration Online India and How ?
Any entity claiming to be the proprietor of trademark used or proposed can apply for registration
The process to do so includes certain documentation at government offices , which can easily be done with the help of a legal advisor. To do the same please visit http://alphabetlegal.com/
What does TM and (R) signify, when can we use them ?
TM is used to indicate that the trademark is unregistered but this mark is used for promote goods. (R) can be used even for trademarks for which registration is not applied to claim use over it.
(R) is used to represent a registered trademark/ service mark that provides the applicant complete ownership and legal rights over the trademark/ service mark.
What are the general stages of Trademark Registration Online India ?
Is the Trademark registration Online India compulsory?
No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for infringement of unregistered trademarks.
what are collective marks under Trademark registration Online India ?
Collective marks usually belong to a group or association of enterprises. Their use is reserved to the members of the group or association. A collective mark therefore distinguishes the goods or services of members of the association from those of other undertakings. The function of the collective mark is to inform the public about certain particular features of the product for which the collective mark is used. An enterprise which uses the collective mark may, in addition, use its own trademark. Example: in an association of architects or engineers, a member may use the logo of the association as well as the logo of the enterprise.
Can you secure worldwide protection for a trademark with a single online trademark registration, or do you have to go to each country separately ?
Well, you do have to go to each country separately as, like all intellectual property rights, trademarks are territorial rights, which basically means that their protection is obtained by national registration. There are certain regional registration systems which make for easier online trademark registration, say, in India of the trademarks and of course, there are also the international treaties, but all these systems ultimately involve registration in every single country and indeed every single territory: we should not forget that, while trademarks can be registered in countries, they can also be registered in customs territories, and there are some other territories that are not recognized as countries.
Is the trade mark liable for removal on the ground of non-use ?
Yes, a registered trademark can be removed on the basis of non use. Except as excused in clause 3 of section 47 of trademarks act, 1999, a trade mark may be removed on the ground of non-use under few circumstance. To know more contact http://alphabetlegal.com/
So if you have an unregistered trademark that has been around a long time and everyone knows it, it would in some countries qualify for a measure of protection ?
That’s right. However, if you start marketing your products under a new trademark that nobody knows, that trademark will be very vulnerable. It is possible to call on the protection conferred by the laws on unfair competition, but there too the most important thing is that the mark must have acquired reputation.
Can a registered trademark under Trademark registration Online India be amended at later date ?
Yes, the filed mark is allowed to be amended as per the provision of Section 22 of the Trademarks Act, which allows the amendment of the mark which has already been done Trademark registration Online India, provided it does not amount to a substantial change in the character of the mark as such. Any superficial or insignificant character or feature of the said mark, is allowed to be amended, if a request filed in the prescribed format along with 16 copies of the amended label mark.