In our daily lives as consumers in a day and age being surrounded by products and services, we have come to stumble across the symbols of TM, SM, and ®. These are the symbols that indicate for a trademark, service mark or for registered all being in relation to trademark law. A trademark is regarded the protection provided to a business on certain names, symbols, devices, or even words with the purpose of creating a recognized distinction for the product seeking to be trademarked. Trademark registration is the process completed by an applicant through the Office of the Controller General of Patents Designs and Trademarks. Trademark registration can usually be seen on a logo, symbol or brand of a company for consumers to easily recognize their products or services so that they can’t be misappropriated by other entities.
Trademark Registration : India
Trademark registration law in India is backed by the legislation of the Trademark Act, 1999 under which the norms and rules are provided in order to obtain a trademark successfully. Gaining a trademark in India gives the owner exclusive rights upon the use of the mark to provide for the original indication for the quality of the product or service provided. In India, specific entities are able to gain a trademark including all individual, joint owners, proprietor of a firm, partners of a firm, limited liability partnerships, and companies.
Trademark Registration: Procedure
The procedure of trademark registration in India begins with the filing of the application through the online or offline method. Since the New Trademark Amendment Rules, 2017, it has been provided that a ten percent waiver on the fees involved in filing a trademark is given in comparison to doing the physical filing of the paper work.
An applicant is required to fill out the TMA form under which specific information is to be provided by the applicant. Under the form, an entity must first specify the nature of the trademark they are trying to achieve being of four types, (i) Standard Trademark, (ii) Collective Mark,(ii) Certification Mark, or (iv) Series Mark. The next step would be to select the entity which is seeking to gain the trademark whether it is an individual, startup, small enterprise or other. A startup/small enterprise has to provide the requisite certificates along with the application to prove their existence as the specified entity.
The next step consists of filling in the necessary credentials of the applicant such as name, mailer address, business address, contact number, etc. Further, if an agent is intimated for the process it is necessary to specify the type of legal agent whether being a Registered Trade Marks Agent, Advocate or Constituted Attorney.
The next category to fill out is the category under which the mark falls under. There are four types of marks which can be granted, them being, Word Mark, Device Mark, Color Mark, Three Dimension Trademark, and Sound. The form also specifies to fill out whether the mark seeking to achieve trademark is in a language other than Hindi or English. If the language is not one of the aforementioned, then the translation of the mark in Roman script is required to be provided.
The TMA form further also requires the applicant to provide the conditions and limitations, if any exist upon the mark along with the description of goods and services. The final stems of filling out the TMA form involve providing priority claims existing (if any) with any other important information or statement needed to be mentioned along with the verification to prove that all is stated in the form is truthful and factual.
After filing the TMA form along with the necessary fees involved, the applicant will receive a receipt granting them permission to use the ™ symbol.
The Trademark registration process can be a hectic and confusing procedure in India due to the strenuous and technical amount of legal work to be filed in the proper manner with all the necessary and required documents such as the TMA form. Here at Company Vakil, we provide the service of trademark registration at an affordable and easily accessible price range. With our team of legal personnel all well-versed and experts in the field of Intellectual Property Rights, we provide for an easy and hassle-free manner of obtaining trademark registration while keeping an aspiring and prospective trademark applicant informed throughout the process and dully providing satisfaction.