ONLINE TRADEMARK REGISTRATION IN INDIA

WHAT IS TRADEMARK REGISTRATION ONLINE IN INDIA ?

“Trademark” is a sign used by businessmen or traders to differentiate their services and goods from others. A sign may include anything from a label, slogan, title, color, word or a heading etc. It indicates the origin of trade and is an effective tool of marketing for highlighting the services and goods of a trader. In India, for registration of a sign, it should also be capable of being expressed through graphic representation that includes pictures, words or both. Other significant factors for registration of a trade mark in our country are as follows :

Trade mark registration in India are legally recognized and derive their legitimacy from the Trade Marks Act 1999.

The Act allows for registration of trademarks that are used or that will be used by an owner to indicate his identity and draw a connection between him and his goods through these marks and confers the right to exclusive use of such marks.

A Trade mark is registered generally for a time period of Ten years but is renewable according to the rules of Trade marks Act, 1999 after payment of a required sum of money that is prescribed.

It is necessary to renew a TM Registered in India by filing an application for the same within six months from date of expiry of the last registration of the mark.

Register your trade-mark in India with Help of Company Vakil’s Expert Trademark Attorneys

REASONS TO REGISTER TRADEMARK ONLINE IN INDIA

The Act provides an exclusive right to the owner to protect his goods and services against the fraudulent use by other persons. Trade-mark creates a monopoly over these products and is a right against the world. These laws deter and prevent others to use similar or identical marks in relation to the goods and services. It gives the owner to mark his goods or services before anyone else can.

The trade marks law aims at two main objectives:

1. The trade-mark protects the customers from any kind of confusion and deception by identifying the origin of particular products as distinguished from other similar kind of products, and
2. The goodwill of the owner of the products is retained with the trade mark thereby protecting his business.

Reasons for Online TM Registrations in India are as follows:

• Valuable Asset:

1. Trade-mark helps to distinguish a company’s goods or services from its competitors.
2. Registration of trademark online in India gives a brand value to the same, that helps a company to stand apart from its competitors and helps gain attention of its customers.

• Protects against unfair competition:

1. In today’s world, there are lot of fraudulent activities where companies tend to copy and duplicate its competitors’ goods or services to earn profits.
2. Registration helps a company to protect itself from such unfair use of goods or services by its competitors.

• Protects investment in advertisement and social media platforms:

1. Advertisement is one form which helps the public to be informed about a particular product.
2. It is important that the goods or services are registered when companies resort to advertising their goods or services. This way no competitors can claim the goods or services advertised to be their own.

• Trademark registration Online has a lifespan of 10 years and can be renewed:

1. Online Trademark registration in India is not only easy but it is cheap also.
2. The registration of such TM is valid for 10 years and it can be renewed again on its expiry of 10 years. After the mark is registered, there is no kind of fee to be paid during these 10 years.

• Trade mark is an important communication tool:

1. Trade-mark enables the customers to differentiate between goods and services on basis of the quality and their desire to select a particular product.
2. It gives a reputation to the goods or services that a company offers to the customers. Customers can relate to the goods or services with the help of trade marks.

• Un - Registered Trademark may spoil a company’s brand reputation:

1. When a mark is not registered, there might be a possibility that the competitors can use a similar mark or identity of a particular company.
2. If a company registers his TM, it will stop its competitors to use a similar mark for his goods or services. The company will create a legal protection for his goods or services through registration. This protection will hold good against all other competitors.

• Unique identity:

1. Trade-mark gives a unique identity to a company’s goods or services. It helps them distinguish its goods and services from the goods and services of its competitors. This unique identity helps the company to give a brand name to its products and stand out in the market.
2. A TM helps the customers differentiate between similar goods and services in the market due to the unique feature provided by a mark.

• Provides for legal protection:

1. The registration of trademark Online creates a legal protection for the goods and services of a company. When competitors infringe another company’s products, then such a company has the right to sue or take action against such infringement.
2. This right to sue and take action against its competitors is only possible when a trademark is registered.

• TM Registration makes hiring easier:

1. A company is recognized through the goods or services that he offers to the people. When a company has a goodwill, employees are motivated to work with such a company.
2. It creates employment opportunities and the company has an access to wide applications for employment.

• Registration brings Ownership:

1. Registering a trademark online helps a Company, LLP, Partnership or an Individual ‘own’ its mark. Owner can enjoy all the rights of ownership that comes along with registration of a trademark online.
2. A company cannot ‘own’ a trade mark if it doesn’t register it.

• Sale of registered trademark India:

1. A registered trademark online becomes an asset for the owner and an Owner can sell his/her Trademark Application Online or offline to another only when it is registered. This cannot happen when a mark is unregistered.

• Trademark can bring out high sales and profits:

1. Trademark Registration Online in India helps an owner to make his/her goods or services known to the public. This helps people to differentiate between other products. This way an Applicant’s sales increase and it gets more profit.

• Registration gives nationwide priority:

1. When you file for TM Registration in India, the owner of the mark has access to those geographical limits where he/she has not conducted any business. It gives a right to obtain registration in foreign countries as well. This would not be possible if the TM was not registered.
2. This registration of trademark Online can help a company not to allow others to use their mark in other geographical limits.

• TM Registration in India prevents cybersquatting:

1. Cybersquatting is a measure where people register well-known brand names as internet addresses or domain names with an aim to resell them at a higher profit.
2. Registration of trademark online prevents the rightful owner from such fraudulent activities and gives the ownership of the domain name to the rightful owner.

• Undisputable Trademark:

1. Once a Registered Trademark online is used for a long period of time, it cannot be cancelled and it becomes valid. The trade-mark is secure and does not attract any litigation expenses.
2. If a mark is unregistered, there are chances that his mark may be cancelled and it may have to face litigation expenses.

• Registration of Trademark in India can be hypothetical:

1. Immovable properties are used as security to obtain loan facilities. Similarly, only registered trademark online can be used as security to claim loan facilities.

PROCEDURE FOR ONLINE TRADEMARK REGISTRATION INDIA

1. It is recommended to engage in a trademark search concerning relevant classes before applying for its registration to avoid the possibility of another similar or identical trade-mark that might have been registered for which an application has been submitted.
2. The person claiming Ownership has to file an application for Online Trademark Registration or file it physically at the Trade marks Registry’s office that is closest to the place of business operation.
3. The registrar examines the application and ascertains the distinctiveness of it by ensuring it is not in conflict with the pending or already registered trademarks and issues an examination report.
4. The trademark Journal publishes the application before or after its acceptance.
5. A third party may oppose the registration within a period of three months which might be extended maximum to one month.
6. The registrar has to register trademark Online in a case where the opposition decides in applicant’s favor.
7. The registrar has to issue a Trademark Registration Certificate to the applicant on registering the Trademark.

REQUIREMENTS FOR e-FILING TRADEMARK IN INDIA

Applicant has to furnish his Full name and address in the application and mention other details such as specifying whether an Individual i.e. a Proprietorship / Small Business / Startup or a Partnership / LLP / OPC / Pvt Limited and then giving a description of goods & services, with their respective Trademark Class Nationally and Internationally is given. Other specifications to be included is what type of Trademark Application in India is being done i.e. is it for a Wordmark, Device (i.e. a Logo), 3D mark, a Figure, A character, a Sound or a Color identified by the Goods and Services.

ONLINE TRADEMARK REGISTRATION COST IN INDIA

• For filing new applications there are prescribed forms depending on the nature of application such as Form TMA, TM-P, TM-M, TM-R etc. Fees: is Rs.2,500/- onwards
• For filing form TM-0 for a notice opposing the published application in Trade Marks Journal. Fees: Rs. 2,500/- onwards
• For filing form TM-R to renew a trade mark which is recognized. Fees: Rs.9, 000/- For filing form for surcharging a belated renewal. Fees. Rs 5,000/-
• For filing form for restoration of a removed mark Trademark Government Fees: 5,000/-
• For filing form TM-M to apply for a registered trade mark’s rectification Fees: Rs. 3,000/-
• For giving details of entries in Register Fees: Rs. 900/-
• Preliminary advise of the Registrar as to Trademark registration Online for a mark .Fees: Rs.900/-.
• For filing of Form for requesting copyright search and issuance of certificate. Fees:, 5,000/--

BENEFITS AND ADVANTAGES OF ONLINE TRADEMARK REGISTRATION IN INDIA

A registered trademark is useful for businesses and also benefits the consumers in a number of ways such as:

• Right to Exclusive use
  It enables the proprietor to exclusively use the mark for his goods and services. In case his trademark is used in an unauthorized manner, he retains the right to sue in case of infringement of his right and powerful remedies are granted to him by law.
• Right to Hypothecation of a Registered TM
  One can pledge a registered trademark as security to avail loan facilities.
• Right to enjoyment of Intangible Property
  it symbolizes and creates an intangible property that is identifiable in the eyes of law. It indicates the goodwill or reputation of a product.
• Right to License a Registered Trademark
  A license of trade-mark is capable of being recorded on TM register. This enables the licensee to imitate legal proceedings in case his rights are infringed upon.
• Right to Assign a Registered Mark
  One can transfer it, unlike a common law, trade-mark, which is transferable only with the business because it derives its goodwill from the business and the two are not severable.
• Right to deter the Mark
  It acts as a deterrent to other businessman to not use similar trademarks in connection to services and goods offer by its original owner.
• Useful in proceedings
  Registered trade mark may be used an evidence for validation of proprietorship rights attained by registration.
• Right to use the word Registered or “R”
  It also helps the consumers to make a rational decision while buying goods by searching for good brand names of their choice and avoiding the ones that gave them a bad experience.

Importance of a Good Trademark Attorney in India

As told above Trademark is basically considered as an Identity of any Brand Registered in India or even Internationally for that matter and the same holds a great amount of Goodwill for your business. In the whole process of Trademark Registration in India, a Trademark Attorney plays a major key role, right from Conducting a Trademark Search Online to filling a Trademark Application in India and then helping it get through various stages of TM Registration and finally get a Registered Trademark “®” for the Owner of the Brand.

Some of the important Traits while selecting a good Trademark Attorney are mentioned as follows :-

• Selecting of the right Trademark Attorney is of prime importance because he/she is the concerned person to whom an Applicant would Authorise for filing a Trademark application in India on their behalf. Basically it means that an attorney should be knowledgeable and well versed with IP laws, only then a Trade-mark Expert should be chosen for the job as he would be the one to whom the future Government Notifications and Letters would be sent via the concerned Trademark Registry. We here at Company Vakil have highly skilled Trademark Attorneys having Specialization into IP Laws with a combined experience of over 10 Years into the field.
• Trademark Attorney should be competent enough to advise you in the right direction before applying your brand for Trademark Registration in India. Prior doing an online TM Registration in India a TM Attorney should be able to do a proper dude diligence of your proposed Brand for Registration, because almost 3-4 lakh Brands are applied every year and only few of them pass all the stages without facing any pitfalls, so that means hiring an experienced Trademark Expert can minimize the hurdles in the process of Trademark Registration just by doing a full fledged Due Diligence in advance and providing the proper solutions on how to handle the same. At Company Vakil our Trademark Attorney’s provide free due Diligence on initial stage and give every possible solution to avoid any further Government Interjections.
• An Offline or Online Trademark Application in India goes through many stages during the process of Trademark Registration in India, that is why a Trademark Attorney should be well versed with every possible Trademark Application stage. Basically TM Registration in India starts from the stage of due diligence and gradually passes various stages of examinations and Claims from various parties, this is one of the major reason that an attorney who is well versed with Trademark Stages because he/she is the one handling Trademark Registration Process Online or Offline. We here at Company Vakil provide timely information to our Clients about the exact stage of their Online Trademark Application in India and also of timely changes in the same.
• A Trademark Attorney should be an experienced professional because he is the person who has to answer any sort of government Objections raised. Trademark Objections are a very common phase during the process of trademark Application in India, because generally a Trade mark gets the same due to its phonetic similarity or by usage of a superlative in their name, i.e. a Trademark Attorney has to be really good at drafting and answering a TM Objection Reply , so that the Brand gets though the stage of Trademark Objection without any further hurdles like Hearing or Refusal or abandonment of the mark. At Company Vakil our Trademark Attorney’s tend to avoid Objections from the very inception but even if it arise in certain cases in those case the replies which have to be filed are well researched and customized as per the Government Objections raised on the Brand and it contains every sort of evidence and precedents to support the Online Trademark Application by the Applicant.

Various Techniques of Trademark Registration in India

There are various techniques for Trademark Registration in India and an Attorney should know what TM Registration Technique should be used in what scenario. The basic aim for any applicant is get a Trademark Registration Certificate at the earliest possible time without any Government interjections and queries.

1. Applying for Wordmark – Yes this is the most common and easiest way of Trademark Application in India, i.e. to file a TM Registration in India for the wordmark i.e. just the Brand Name of the Trade-mark. This is advisable only in the case where the mark is totally a unique Brand Name and there is no name similar to the same, i.e. Trademark is applied on a Coined Term and the same has no matches during the due diligence being done on the Trademark Registry’s Portal. At Company Vakil we tend to follow the same practice if the Trade mark is completely a uniquely derived coined term, then we suggest our clients to go directly for trademark Registration on the Brand Name. One of the major reasons as to why it’s always favorable to file a Wordmark for Trademark Application in India, is that it gives the Applicant i.e. the Owner of the Registered Trademark full right to stylize the applied Trademark in any form they wish too, they basically have applied for Online Trademark Registration on their Brand Name and they have full right to use “TM” next to their applied Brand name and in the mean while the process for Trademark Registration Online is still in Progress and they can use “R” Symbol next to their Brand Name once it gets Registered.
2. Applying for Logo as a Trade mark – This is the second way that we tend to follow while filing for Trademark Registration in India. Under this scheme, if a Brand Name is difficult to Register or the strength of the mark is quite low then we file the Device Logo and the Brand Name together in the same application, because this is the only way for the Trade-mark to get through the Trademark Registry. This is also a scheme that most of the Startup entrepreneurs follow to secure their name and logo in a single Trade-mark Application. At Company Vakil our TM Attorneys follow composite Schemes in case a Wordmark is difficult to get through the TM Registration process or in case a startup wishes to protect their Design of the logo along with their Proposed Brand Name.
3. Composite Scheme for Applying a Trademark – Composite Scheme of Applying a Trademark basically means that a Wordmark and Logo with a Tagline are applied together in a Single Application itself, there is not much difference between the second technique and the one being explained but in this we even add a Tagline to the Logo of the Brand, so that more strength adds onto the whole TM Application. Here at Company Vakil we advise this to the people having a Brand which is quite difficult to get through the TM registry’s parameters, Company Vakil Trade-mark Attorneys are highly skilled and qualified to explain you how to go about with your TM Application.

• Note – In case a Wordmark and a Device Logo are applied together in a TM application, then the Applied Trademark has full protection over the wordmark and design. This protection stays only till the point the Logo and the word remains same as the one applied for, if by any chance the re some change in the design of the logo or the spellings or font style of the wordmark, then the Protection of the mark goes OFF.

Different Types of Trademark Registration in India

As per the rules laid down by Trademark Registry on the basis of Trademark Registration Guideline followed worldwide that are defined by WIPO, there are following different types of Trademarks that can be applied for TM Registration in India :-

• Wordmarks :- Most common types of Trademark Registration in India or even worldwide for that matter is Wordmark Registration. Basically a Wordmark Registration means Brand Name Registration under the Trademark Act, in case of Online Trademark Application for a Wordmark just the name of the Brand is applied with no device logo along with the same. Basically if a company’s products i.e. Goods or services are identified with a Word or some Text, in that case a Wordmark Application is done. In this scenario the proprietor of the wordmark has full right to stylize the applied Trademark Application into any possible format, Font, size and Design because the whole word is owned by the Proprietor. An Example of a Wordmark Application would be CADBURY ®, its totally a Text Based Trademark that is Registered under the Indian Trademark Registry.
• Trademark on Shape of Goods :- It is a sort of Unconventional Trade-mark, which is basically on the Trademark Shape of the Product being sold or maybe some unique aspect associated with the Brand being Trademarked like packaging of a product or a Tangible Design of the product which is synonymous to the product being Trademarked. Basically the Shape should add some sustainable value to the Goods being sold from its very origin and the aesthetic of the product should automatically make you believe that this product is of a Particular Brand because of the widespread use of the Product in that particular shape. Also to be kept in mind while applying for a TM on Shape of Goods, is that the applied mark for shape should not be a technical attribute to the Product.

1. One of the major Examples of Shape of Goods TM which didn’t got through and was refused by the registry was the Lego Bricks, because the technical attribute to the same was being Trademarked and that is not allowed as a TM Registration in India or abroad.
2. Other Major Example that has a Shape of Good Trademark is the world Famous Coca-Cola Bottle, the shape of the bottle is unique and synonymous to Coca-Cola and anyone who sees the design can make out what brand is it, just by mere looking or touching the same.

• Three Dimensional Marks (3-D Marks) :- One more type of Non-Conventional Mark is a 3D Mark i.e. a 3 Dimensional Trademark. Basically a 3D Mark are those sorts of Trade mark Registration in India which strictly have a distinctive Physical Appearance of the product or a 3 Dimensional image of the Distinctive Packaging exclusive to the Product’s physical Appearance, then you can apply for a 3D Trademark Registration in India. This 3D mark can only be Registered in India if it Strictly distinguishes the inherent 3D Design of the product for its relevant Trademark Class (to be selected as per the business domain, work sector, product, goods and services), hence making it a unique Trademark Application for Registration.

1. Some of the example of the products are – Exclusive Bottle designs in case of iconic liquor Brands, which are synonymous to the brand and can be depicted into a 3D Figure.

• Service Based Trademarks :- As its know there are 45 Trademark Classes in total and out of those 45 Trademark Classes there are 10 TM Classes that are from Classes 35 – 45 , which totally deals with Trademark Registration of Service based Marks, basically these are the Trademark Applications which are filed by everyone and anyone in Service Sector of business. Every Class is broadly defining some inter-related Business Activity, which is further broken into subparts through interpretations made by the concerned Trademark Attorney as per the guidelines of Indian Trademark Registry and World Intellectual Property Organization i.e. WIPO.
• Colour Trademarks :- it’s another Non-Conventional type of Trademark Registration in India, an Applicant protects their Brand for a particular Colour or combinations of colours via their Color based Trademark Application made to the TM Registry. It is technically the most difficult Trademark Application to get through the registry because your Brand should be capable to encompass the use of Colour as the most integral and inherent part of the whole Trade-mark in a marketplace and along with that it should convey the uniqueness of the brand by identifying the identity of the goods and service traded under the brand.
• Soundmark :- One of the most Non-Conventional and unique form of Trademark registration in India, its is basically a TM Registration on the Trademark Tunes, sound Recordings, Composed Music which acts as an identifier for the origin of Goods and Services. The most important factor to note while applying for Trademark Registration of a Soundmark is that it should be a unique sound and should create a quick recall value and is an integral inherent part of the goods or service being offered by the Applicant.
• Some of the Famous SoundMarks Registered till date are as follows:-

1. Nokia’s Tune with Guitar Notes while switching on the Mobile Phone Device
2. ICICI Bank’s Jingle Dhin Chik Dhin Chik.
3. Yahoo.com – Yodelling Yahoo in Human Voice
4. NSE – the Theme Song of National Stock Exchange

• At Company Vakil we are one of the few Trademark Attorneys in the country which tend to apply Soundmarks for our clients, we have a lot of major clients from Entertainment and Music Industry, so we apply for Soundmark Trademark Registration Online for their hook lines or some Trade mark Dialogues and then the same is licensed to other people trying to use the same for any material benefits of any sorts.
• Symbol or Device Logo Registration in India :– This is one of the most Common and Simple yet quite effective type of Trademark Registration in India and it is opted by maximum number of people through out the country or even abroad for that matter. Logo or a symbol representing a business is generally considered as a Brand for that business and that business has full power to trade its services or goods as per the applied Trademark in the concerned Category. Logos and Symbol are called as a Device to the Applied Brand Name or wordmark and the protection of the same even extends to the text mentioned inside the Logo i.e. the reason why it’s the most effective form of Online Trademark Registration in India. But the Applicant has to be careful about the fact that once a Device Logo or Symbol has been applied or registered, the applicant is eligible to use TM or ® respectively next to the Logo or Symbol only and even if there is any miniscule change in the design of the applied Logo, the Trademark protection for the same would go off, so it is advisable that if you finalise to go for any sort of Symbol or Device Logo Registration in India, then please choose a final distinctive design or symbol of your Brand to represent your business. At Company Vakil we give utmost importance on how to apply a Brand’s Device Logo for Registration of Trademark online in India.
• Collective Trademarks :– Collective Trademark Registration Online is done in case a mark has to be used collectively by a group of people of some sort of association or an organization. Generally, Collective Trademarks are Registered in case of a Government Organization or some Institute where the members or people associated to do that institute can use the particular mark and the same should right away signify the people in using of the mark are part of that particular collective group. This Registered Trademark doesn’t belong to any particular Product, Goods or service, it is strictly related to collective members of an organization to show them in unity as one Cohesive unit. They can also be denoted as BADGES OF ORIGIN for certain specific set of individuals in an association.
• Some of the major examples of Collective Trademarks in India are as follows :-

1. CS Symbol used by members of ICSI Board
2. CA Symbol used by members of ICAI Board
3. Caduceus Symbol signifies to Doctors

• Series Marks :- Series Marks are Non-Conventional Trade-Marks, there are certain brands which have multiple products that are some or the other way associated and connected to one another and this connection is usually through a Common Suffix or Prefix to the whole Brand Name. This connection of various Trademarks in a series is something that makes various products of the same Applicant differ in their Size, Cost, quality, prize, goods or services offered. The series of Products Trademarked should make you believe that the origin of the product is from a particular Brand or Owner of a Brand. These Series Marks are taken by businesses which have multiple products being sold under one umbrella and they want to continue a standardized chain of their products that a customer should understand the same in an instant without even thinking twice about the brand, the connection of the products Trademarked in a series should feel like they belong to the same family or owner for that matter. One of the most common example of series marks are products sold by Mc Donalds which has a series of products listed that start from the wordmark “Mc”, like Mc Chicken, Mc Aloo Tikki, Mc Veggie etc, so in this scenario there is a series of Mc words used as a Trade-mark under various associated products, which differ in size, prize etc.
• Certification Marks :- Certification marks are another kind of Non-Conventional Trade-marks Registered in India, as the name suggests that these marks are certain brands which are owned by certain bodies that certify a particular type of commodity or product or even a certain group of products. Certification marks are the ones which are not our common type of Trade marks because these are the marks which signify certain Quality standards of a product being sold under the category covered under that Certification Trademark. These Marks are generally owned by certain statutory bodies which are made to keep a quality check on certain products and they maintain a quality standard in the society. These Certification marks are created for the general public to understand that the products holding a specific Certification mark is maintaining the level of Quality needed to qualify the same and that the product sold under the same meets a certain quality standard defined by the certifying body. Some examples of the Certification marks are as follows :-
• ISI Marks – it is a mark developed by Bureau of Indian Standards (BIS) which signifies a particular standard of Industrial Products in India.
• FSSAI (Food Safety and Standards Authority of India) – It’s a mark that signifies the quality of Food at a Hotel, Restaurants, Café etc,, also Packaged Food Products and even marketing of Food related goods in India and is a compulsory certification in such scenarios.