Why Is Trademark Registration Important?

Trademark registration in India is crucial as it protects your brand and prevents others from using similar signs. It gives you legal rights to your brand, boosts your brand’s value, and assures customers about the quality of your products or services. It also helps in brand recognition and trust-building among customers.

Trademark Classes

There are 45 trademark classes and all the goods and services are categorised across these classes. You need to be very careful while picking the classes as it will determine the validity of your trademark registration for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you can apply for a trademark online under all the applicable classes.

Some of the popular trademark classes in India are:

• Class 9: which includes computer software and electronics,
• Class 25: which includes clothing,
• Class 35: which includes business management and advertising, and
• Class 41: which includes education and entertainment.

If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.

Types of Trademark Registrations in India

Under the Trademark Act of 1999 there are different types of trademark registrations available in India and some of them include:

Pattern Mark

• A Pattern Mark is characterised by a distinctive pattern capable of identifying products or services originating from a specific source, making them discernible from others
• Examples of pattern Mark Include iconic Louis Vuitton checkerboard pattern

Label Trademark

• A label trademark is one which protects the label/packaging of a product and the trade dress of the same to ensure the protection of the entire packaging/label of a product which is unique and distinctive to any business and acts as a recogniser/identifier of a brand
• One of the famous brand who has trademarked their label is Coca Cola ’

3D Trademark

• Three-dimensional trademark is a non-conventional trademark which makes use of the three-dimensional shape of a product or its container to achieve distinction in the marketplace
• It must meet the requirements outlined in u/s 2 (1) (zb), which indicate that in accordance with Section 9 of the Trademarks Act – which outlines that the mark must be visually representable and distinguishable from other goods and services.
• The form of the Zippo lighter, the curve of a Coca-Cola bottle, are some examples of 3D trademarks

Slogan/Tagline

• Trademarked Slogans are creative and distinctive phrases that immediately reminds the consumer of the product
• Trademarked Slogans offers exclusive rights for the brands to use them in their advertising campaigns
• Nike’s ‘Just Do It’ is a perfect example of a slogan trademarked

Device Trademark

• Device trademarks are visual elements that are used to create unique and recognisable representation
• These trademarks have artistic elements such as symbols and a word mark and can be a combination of both.
• The iconic PUMA’s symbol is a classic example of a Device trademark

How to Register Trademark in India With AccountsWaale

Registering a trademark in India is complicated. AccountsWaale has made it easier for you by breaking it down into three easy steps and providing complete expert support.

Step 1 : Our Trademark Lawyers will conduct an extensive trademark search

Reach out to our trademark experts and resolve all your queries. After providing all the documents, our experts will conduct a thorough trademark search on all the government portals and our free trademark tool. This is to verify if the mark you wish to register is available. If you want a detailed search report, our Senior trademark lawyers will conduct an extensive search with detailed opinion which can be accessed from here.

Step 2: Class Selection and Trademark Application Filling

Our team of experts will help you choose the right class or classes for your business. All businesses are categorised in 45 classes as per Trademark laws. We will assist you in choosing the appropriate classes to address every aspect of your company. The trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error-free. Incase of any objections being raised by Trademark Registry, We shall assist in responding to the same by way of filing response to examination report and/or hearings.

Step 3: Trademark Publication in Journal and Registration

After the application is accepted by the examiner it will be published in the trademark journal for a period of 4 months. If there is no third party opposition, you will receive the certificate for Trademark registration.

In the event of a trademark objection, show cause hearing or opposition during the registration process, our team will provide crucial support. Our experts will reply to the objection raised within the 30-day timeframe or other stages within the stipulated timelines. In case of opposition, our team helps you file a counter-statement to the Registrar within 2 months, providing a clear explanation of why the opposition lacks validity.

Trademark Objections

In some cases, the trademark examiner might see certain problems or issues with the registration of a trademark. These issues can be either the filing of an incorrect trademark application form online, incorrect name/details, the usage of deceptive or offensive terms, insufficient information on goods or services, or the existence of an identical or deceptively similar mark.

When an objection is raised, the status on the register will show as ‘Objected’, following which an expertly drafted response will need to be filed after an analysis of the objection itself and with any supporting documents and proofs. Objection response is your opportunity to strengthen the claim over your mark and create urgency.

If the response is accepted, the application will be processed further for brand registration and advertisement in the Trademark Journal. If it is not accepted, or if there are additional clarifications sought by the examiner, there could be a trademark hearing scheduled and this will be communicated to you by a notice.

The process typically takes 2-4 months from when the objection is first raised. Once completed, the chances for approval, while not guaranteed, are much higher.

Trademark Opposition

On the other hand, A trademark opposition is a legal proceeding in which one party attempts to put a stop to a trademark application from being granted. A trademark opposition is filed by third parties who feel your trademark could in some way impact them or their own trademark, in writing, in the form of a notice, with the trademark examiner. If the examiner sees any merit to the opposition, they are to forward the notice to the applicant, who is required to send in a counter statement to the Registrar within 2 months.

If the Registrar feels the counter statement addresses the opposition substantially, they may dismiss the opposition. Alternatively, if the registrar feels there is more to be weighed, they may call for a hearing with both parties appearing before them and presenting their cases. After the hearing, the Registrar will rule on the validity of either the application or the opposition. This ruling can be appealed before the Intellectual Property Appellate Board within 3 months of it being made public.

Documents Required for Trademark Registration Online India

The following documents should be submitted for trademark registration in India

• Image of the trademark
• Power of Attorney(drafted by us)
• User affidavit ( only if prior user of trademark)
• TM-A form (drafted by us)
• Id Proof of the applicant along with Address.

Apart from the documents, to start online trademark registration in India, the following preliminary details must be provided:

• Applicant name: The name of the person, business, or organisation submitting an application to register a trademark
• Business Type: Indicate the kind of business organisation, such as a private limited company, partnership, MSME, startup or sole proprietorship
• Objectives of the Business: Give an overview of your company’s nature of business and operations under the trademark
• Name of Brand/Logo/Slogan: Make sure to specify the name, logo, or slogan you plan to trademark
• Registration Address: Provide the official address of the organisation submitting the trademark application
• Prior User Date: if the Applicant is using the brand name before the date of application of the trademark, provide that along with documents as that makes your case stronger.

Trademark Symbols and Their Uses

In general there are three types of symbols and are used in different cases as explained below:

R SYMBOL

The R symbol denotes that the trademark is registered and no one can copy it. This provides the maximum degree of protection available for a trademark that has been registered. To put it simply, if the R symbol is granted to a trademark one cannot reuse it anywhere.

™ SYMBOL

This symbol is used while you are waiting for your application to be reviewed by the Registrar. This symbol can prevent others from using the mark by indicating that you are claiming rights inside it. The user may also be granted common law trademark rights by using the TM symbol.

SM SYMBOL

The SM symbol represents a service mark. Its purpose is to signal the assertion of rights in the mark, specifically in connection with services like banking or legal services, as opposed to physical goods. Similar to the TM symbol, having a SM symbol does not automatically ensure legal protection for the owner’s mark under trademark laws. Additionally, the registration status of a service mark does not affect the authorisation to use the SM symbol.

Why AccountsWaale

Here is why you should choose AccountsWaale for trademark registration online

• We conduct a thorough search of the TM directory
• We prepare the authorization letter, so we can file for tm registration on your behalf
• Our experts guide you with the classes you need to apply under
• We fill and apply with the Registrar
• We constantly provide you with updates until the trademark registration process is complete
• You get the best support throughout the online trademark registration process and all your queries will be answered.