Trademark Registration
- Kailash Kumar Manikandan
- Nov 16, 2024
- 3 min read
Updated: Jan 3
What is a Trademark?
A trademark is a recognizable sign, design, or expression that identifies a company, product, or service. It can be a logo, image, symbol, word(s), letter(s), or colour(s). It acknowledges the ownership of the brand. Trademarked products are considered property and noted by the symbol of ™, or ® next to the logo.
Benefits of Registering Trademarks:
(How can one benefit by registering a Trademark?)
1. Trademark is an intangible asset.
2. It can ensure security for loan facilities.
3. A registered trademark can be sold, licensed, assigned, or transferred.
4. The trademark allows the proprietor to use it for goods and services.
Procedure of Trademark Registration:
(How do you apply for trademark registration?)
1. The Application for registration can be filed with the Trademark Registrar.
2. The Application must be made in the prescribed manner and filed along with the registration fee.
3. A registration application must contain the following information:
Logo or the trademark
Name and address of the owner
Classification or trademark class
Date of Trademark usage
Description of goods or services
4. Once the application is filed with the Registrar, a trademark application allotment number will be provided within one or two working days.
5. After attaining the allotment number, the owner can place the ™ symbol next to their logo.
6. The Registrar has applied Vienna classification for the trademark based on its figurative elements; the application status will indicate “Sent for Vienna Codification.”
7. After Registrar validation, a proposed trademark is published in the Trademark Journal, allowing the public 90 days to object. If no objections are filed, the trademark will be registered within a month.
8. The trademark manuscript and registration certificate will be prepared for the application. Once allocated, the mark is recognized as a registered trademark, granting exclusive use to the owner. The ® symbol can then be used alongside the logo.
List of documents required for Trademark Registration
(What documents does one need while registering a trademark?)
1. In the case of Sole Proprietorship
Copy of the logo, preferably in black & white (Optional).
Signed Form-48. (It is an authorization 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.
2. In the case of Partnership/LLP/Company
Copy of the Logo (Optional)
Signed Form-48. (It is an authorization from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf)
Udyog Aadhar Registration Certificate (if applicable)
Incorporation Certificate (For Companies)
Registered Partnership Deed for Partnership Companies
LLP deed (For LLP)
Identity Proof of Signatory
Address Proof of Signatory
KYC documents of the business (PAN, Address proof)
Information required for Trademark registration:
Name of the business.
Type of business entity (Proprietorship concern, Partnership, LLP, Company).
Type of business (Manufacturing, Service, Trading).
Contact details of both Applicant and Business (address, contact number, email address).
Name of the authorized representative of the business (The applicant on behalf of the business).
Brief description of the products/services offered by the business.
FAQs
Q1: What is the function of a trademark?
Answer - Under modern business conditions, a trademark performs the following functions,
Advertising their goods/services
Identifies their origin and its goods/ services
Creating an image for their goods/ services.
Q2: Can one make any corrections in the trademark application?
Q3: What is the trademark class or its classification?
Q4: What items can be trademarked?
Q5: Trademark once registered is valid for how many years? How long the registered trademark is valid?
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