Trademark registration distinguishes your brand identity from others with a particular sign, symbol, word or image. Know its types and significance in the following sections with other related information.
Your business idea is your brainchild, and you would never want anyone else to steal and use it for their own benefit. You would do everything possible to protect it from theft and become the legal rightful owner of that idea or product. That is why it is important to get a trademark, preventing anyone from trespassing on your intellectual asset. In the following sections, you will learn more about the trademark registration process, its meaning, types, and importance.
What is a Trademark?
A symbol, phrase, word, or design that identifies and distinguishes your goods from others is known as a trademark. With trademark registration, you receive exclusive usage rights over the mark, preventing others from misusing or exploiting it. The Trademarks Registry was established in 1940 that governs the Trademarks Act 1999. Apart from declaring the rules, it also serves as a database for brand topics in the nation. You can get your trademark registered under the Trademark Act and obtain exclusive rights over your intellectual property.
What Can You Register As a Trademark?
Trademark registration is applicable for different things, including the following:
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Brand Names: This includes names or words used to represent your company.
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Logos and Symbols: Graphic designs, symbols, or stylized versions of brand names.
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Slogans and Taglines: Memorable phrases or slogans associated with a brand can be registered as trademarks.
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Product Packaging: Unique packaging or trade dress can be registered as a trademark.
What you cannot use for trademark filing include any mark that is already trademarked, generic phrases, messages, descriptive words, religious passages and quotes, etc.
Why Is Trademark Registration Important?
If you want to differentiate your brand, company, product, or service from others, you must register your trademark to ensure no one can impersonate your brand identity in the market. Additionally, it secures your rights and protects your intellectual assets. Reasons, why trademark registration is important include the following:
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Builds trust and protects brand value
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Gives you an independent right of ownership
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Differentiates your business product or service from others
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Right to use an ® symbol over your trademark
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Provides protection against infringement and gives you the legal right to sue the violator
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Make your brand easily recognisable among the customers
Documents Required for Trademark Registration Online India
Now that you have made up your mind for trademark filing, prepare your application with the essential documents. Although the documentation requirements vary between individuals, sole proprietorships, business entities, LLPs, associations, trusts, etc., some basic documents include the following:
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Details about the business and owner’s name, business type, brand logo or slogan, business objectives, registration address
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Signatory’s identification proof
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Signatory’s address proof
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Signatory’s business proof according to the business type
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Signed Form-48, an authorisation for trademark filing on the applicant’s behalf
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Aadhaar for MSME registration certificate
What is the Filing Procedure for Trademarks in India?
Trademark filing is not complicated if you know the registration procedure. It requires a little bit of time and effort to follow this step-by-step procedure:
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Search for the Trademark: The main objective behind trademark registration is to promote and protect a unique and creative idea. Thus, you can get a trademark only if the trademark department finds it unique and unused. To search for an adequate trademark, you can go through the database at IP India’s official website, get complete details about an applied trademark’s status, and know if it is already registered, opposed, abandoned, or objected to.
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Filing the Application: After finding an available trademark, apply for registration online or offline. The trademark cost of online registration is cheaper than physical application. Once you submit the application, you will receive an official receipt with a TM number.
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Examination: After trademark filing, the registrar will scrutinize its accuracy and check if it complies with the specified rules and regulations.
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Publication in the Trademark Journal: If everything in the application seems fine, the registrar will approve and process the trademark's publication in the journal.
Different Types of Trademarks
You may file for a trademark under any of the following categories:
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Word marks, like letters, numerals, or words distinguishing the brand
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Device marks, including a word, letter, or number’s exclusive representation unique to a brand
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Logos or figurative marks, like the tick sign of Nike
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Service marks that differentiate the service of an entity from others
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Collective marks that a group of companies use, such as CA that the Institute of Chartered Accountants use for members of their society
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Certification marks to define standards, such as FSSAI and ISI
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Well-known patterns that are easily recognisable among people, such as Rolex and Ferrari
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Unconventional trademarks are the ones that gain recognition for their distinct features. These include sound marks, shape marks, and smell marks
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Unregistered trademark is a trademark that is not registered under the act. You might use it to distinguish your brand, but you do not possess any legal benefits for it.
Owning a Trademark vs Having a Registered Trademark
While deciding between a registered and an unregistered trademark, you must know the differences between the two. Most importantly, a registered trademark is legally protected under the Trademarks Act 1999, while an unregistered trademark has the protection of common law. Trademark registration is valid for ten years, and you can renew it upon expiry. For an unregistered mark, it is your liability to prove the duration for which your brand has been working in the market. While registered trademarks have recognition and protection across India, unregistered marks have protection in specific or limited areas only where they have gained recognition. If you own a registered trademark, you can use an ® symbol on your TM symbol, while you can not use the ® mark if your brand is unregistered.
Trademark vs. Patent vs. Copyright
Trademarks, patents, and copyrights all protect the right to your intellectual property. However, they cover different types of assets. Let’s have a look:
Trademark: A trademark is usually meant for business owners who want to gain usage rights over their brand name, logo, slogan, color scheme, etc. It aims to give the brand a unique identity, preventing others from copying the idea.
Copyright: A copyright protects an authorship’s original work, such as a photograph, written matter, drawing, song, etc. Once you gain copyright, no one else can reproduce, display, distribute, or perform your work or create other pieces of work based on it. You automatically get your copyright as soon as you create it, but you may also register it at the Copyright Office.
Patent: The primary intention of a patent is to protect an invention. If you have invented something, you can get its patent rights to produce and sell your creation for a particular period. You must reveal your design to the public while filing for the patent.
Conclusion
While building a brand and applying for a trademark needs financial support, business financing from a reputable NBFC like Hero FinCorp can help you achieve your goals without hassle. Unsecured Business Loans offer collateral-free funding without end-use restrictions at competitive interest rates. Know your eligibility and apply for a commercial loan now to get the required funding and achieve your business goals.
FAQs
What is a trademark, and examples? A trademark is a recognisable symbol, sign, or phrase that distinguishes a brand, product or service from others of its kind. For instance, the four rings logo of Audi, the green and white queen sign of StarBucks, the ISI certification mark, etc.
What is the TM trademark symbol? The TM symbol is a sign you can use when you file for trademark registration with the Trademarks Registry. The symbol indicates that the sign has an application for trademark registration and copycats should avoid using it for their business.
What are the qualifications for a trademark? To apply for a trademark, you must be an individual or organization filing the application with yours, the agent's or the power of attorney's name and address. Joint owners, proprietorship firms, partnership firms, LLPs, societies, or trusts can apply for trademark registration.
