A trademark is a visual symbol, which may be a word, name, device, label or numerals used by a business to distinguish it goods or services from other similar goods or services originating from a different business. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. A trademark is registrable if it is distinctive for the goods and services you provide. Proposed trademarks that are similar or identical to an existing registered trademark cannot be registered. Also, trademarks are not registrable if it is offensive, generic, deceptive, not distinctive, contains specially protected emblems, etc.,
Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India.
Trademark filing will help establish a unique identity and brand for your goods or services. Competitors will not be allowed to use your trademark for similar goods or services.
Registered trademarks can be used to create a sense of trust, goodwill and quality in the minds of your customer that is unique to your business. Registered trademarks show your customer that you care about your brand.
Trademark filing creates an intellectual property, which is an intangible asset for an organization. Registered trademark is a right that can be sold, franchised or commercially contracted.
A trademark filing in India can be used as the basis for trademark filing in other countries if required. Foreigners and Foreign entities can also register a trademark in India if required.
Identity proof like passport, drivers license, aadhaar card, voters id or ration card for the trademark owner or person authorised by the trademark owner for filing the trademark application.
In case the trademark application is filled on behalf of a corporate entity, then Partnership Deed or Incorporation Certificate or Registration Certificate.
Form-48 is a legal document that authorises an Attorney to file a trademark application on your behalf with the Trademark Registrar.
Logo,if required in black and white format. If previous use of trademark is claimed then user affidavit must be submitted.
After getting your name finalized, fill in the Trademark application in the office of the Trademark Registry, within the territorial limits of the place of business in India with the supporting documents.
The registrar will examine as to whether the application is distinctive and does not conflict with the existing registered or pending trademarks and examination report is issued.
After examination, the logo or brand name is published in the Indian Trade Mark Journal. If no one raises an opposition within 3 months from the date of publication, the brand name proceeds to acceptance.
On the registration of the Trademark the Registrar shall issue to the applicant a Trademark Registration Certificate.