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In India, online trademark registration allows an applicant to use symbols or words to symbolise a business or its products in order to identify their goods or services from those supplied by competitors. Once a trademark is registered in India, it cannot be used by anybody else for as long as it is in use.
Once a trademark is registered online, the "TM" symbol can be used with the applicant and the brand. Trademark registration is an asset for the firm, and it is required to register for trademark registration in India to protect the brand name.
The online registration gives you the legal right to sue anyone who tries to imitate your trademark and stops others from using a trademark that is similar to yours.
A trademark can be used to protect several parts of your business image. Which component of your brand sticks out to your customers is an important consideration. Choose what part you want to register: -
1. Name
2. Tagline
If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business.
3. Logo/Symbol
The trademarking of a logo is highly recommended because it visibly symbolises your brand. A logo is easier to remember than a name for your customers.
4. Other Options
1. Guards the Commercial Goodwill
The registered owner of a trademark has the right to generate, establish, and preserve the goodwill associated with his or her products or services.
The owner has the power to prevent other businesses from using his trademark without permission. Suing the infringer for dilution of the brand name and claiming damages for any infringement is also an option.
2. Advertises Goods and Services
By registering a trademark, a company's or a product's or service's face is created. This makes it easier to differentiate and create a brand. Because most businesses derive their identity from their trademark, it plays an important role in advertising and raises brand value.
3. Legal Protection
In the event of infringement, the owner of a registered trademark has legal recourse. If a trademark is not registered, the owner of the original brand name may be without recourse.
4. Creation of an Asset
In India, online trademark registration produces an intangible asset. To benefit the firm or the individual proprietor, Registered TM can be sold, delegated, franchised, or commercially contracted.
There are 45 trademark classes, and each class categorises all of the goods and services. You must choose the classes with care, since they will affect the validity of your trademark for your company's products and services. If your company sells a variety of items and services that fit into multiple classifications, you must file for a trademark in each of the eligible classes.
Step-1 Collection
Discussion and collection of basic Information
Provide Required Documents
Select appropriate Class
Trademark Search & Availability Check
Step-2 - Execution
Drafting of Documents by Professionals
Franking on Power of Attorney
Step-3 - Submission
Filing of online TM application
Sharing the filed application & receipt
Step-4 - Start using TM
You can now legally start using TM beside your logo or brand
In some situations, the trademark examiner may notice flaws or challenges with your trademark registration. Wrong trademark forms, incorrect names/details, the use of deceptive or offensive terminology, insufficient information on goods or services, or the existence of an identical or deceptively similar mark are all examples of these difficulties.
When an objection is raised, the status on the register is changed to 'Objected,' and a professionally written answer must be provided after a study of the objection and any supporting papers and proofs.
The application will be processed further for registration and publication in the Trademark Journal if the response is accepted. If it is not approved, or if the examiner requests additional clarifications, a trademark hearing may be arranged, which you will be notified of via a notice.
From the time the objection is first raised, the process usually takes 2-4 months. While approval is not guaranteed after completion, the prospects are significantly better.
A trademark opposition, on the other hand, is a legal action in which one party attempts to prevent a trademark application from being approved. Third parties who believe your trademark may adversely affect them or their own trademark submit a trademark opposition with the trademark examiner in writing, in the form of a notice. If the examiner believes the opposition has merit, the notification will be sent to the applicant, who will have two months to submit a rebuttal statement to the Registrar.
If the Registrar believes the rebuttal statement adequately addresses the opposition, the opposition may be dismissed. Alternatively, if the registrar believes there is more to be considered, they may convene a hearing in which both parties submit their cases. The Registrar will rule on the legitimacy of either the application or the opposition after the hearing. Within three months following its publication, this judgement can be challenged to the Intellectual Property Appellate Board.
Yes, so long it is being used as a trademark or service mark. If it is merely used to indicate the URL or address at which a web site may be found, such use is not sufficient. It must be used a source identifier for the goods or services.
Yes, under the Indian trademark law, multi-class trademark applications can be filed in India.
Yes, you may use a trademark without registration. That would be called an unregistered trademark. Ensure it is not identical to other brands or logo or name. As it is essential that a trademark needs to be distinctive from that of others.
Yes, you may trademark a number, the only condition to trademark a number is that you shall use the number as a brand for your products or services. It must be unique and capable of identifying the product or service from one person to another.
No, it is not possible to register such a trademark.
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