Structured Biiz

Trademark

Trademark is used for brand name or product name.

“Trademark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from the other person and may include shape of goods, their packaging and combination of colours. Trademarks are protected by intellectual property rights.

In simple words, Trademarks are unique brand names and distinctive from others to identify goods or services of a particular person or company. It can be in the form of any word, phrase, symbol, logo and design capable of distinguishing and identifying goods or services from others.

How can we protect Trademarks?

Trademark protection can be obtained through registration, by filing an application for registration with the national/regional trademark office in the prescribed form and paying the required fees at the national/regional level under Trademark Act 1999. At the international level, you have two options: either you can file a trademark application with the trademark office of each country in which you are seeking protection, or you can use WIPO’s Madrid System.

What are the benefits of a registered Trademark?

What is the time limit for Trademark protection?

The term of trademark registration for protection is usually for 10 years. It can be renewed on the payment of additional fees after expiry of term. It is the private right and protection is enforced through court orders.

What kind of marks can be registered as a Trademark?

A trademark can be constituted of a word or combinations of word, letters and numerals. But trademarks may also consist of drawings, symbols, three-dimensional features such as the shape and packaging of goods, non-visible signs such as sounds or fragrances, or colour shades used for distinguishing features and its identity.

What are the classes of Trademarks to be registered?

There are 45 types of classes under which trademarks can be registered. They are as follows:

Procedure for registration of Trademark

Registration of Trademark can be done online as well as offline by making an application under the prescribed form after paying the requisite fees.



Decide whether to register trademark as a Wordmark or as a Logo:



Please note that word marks and logo are different. Registration of Wordmarks means a unique word, combination of words or alphanumerical word.

Whereas registration of Logo includes words, images and colour combination.



Check under which class the Trademark can be registered:



Classes are divided into 1-45 categories i.e. for manufacturing goods and providing services.

A trademark can fall under two classes. For example, if you are in the business of furniture and furnishings and also providing medical furniture and bedding, equipment for moving patients, then it follows under two classes 10 and 20.

Please note once a trademark is registered under one class, then no one else can register the same trademark under the same class. It is possible to register the same trademark under different classes.



Carry out Public Search for registered Trademark:



If it is finalised that trademark is to be registered in which class, then carry out a public search in that class to find out whether someone has already registered the trademark under the same class or not.

Click here for Public Search

Public search will help you to find out whether a similar trademark is registered or not within the same class.



Registration is done with the Trademark Registry website:



To make registration on the website you have to generate Proprietor Code.  The Proprietor Code is the same like the registration number of any individual, Company or Partnership Firm or entity for making registration.



Filling of the Application Form:



Fill the application form as prescribed under the Trademark Act, 1999 (as per the new Trade Mark Rules, 2017) for making an application for the registration of Trademark.

Please note that one form is for one trademark registration under one class only.  Have to fill different forms for different registration under different classes.



File the application form:



You have to submit the application form, duly signed, at the office of the Trademark Registry according to the address mentioned in the details filled at the time of generation of proprietor code.

You can also file the application form online.



Application Fees to be paid:



The application fees for Trademark Registration under one class is required to be paid as prescribed. The fees are payable in Cash or via Cheque/DD in favour of “Registrar of Trademarks”.

Once the application is filed online or offline, the Officer sends an e-mail of registration.

And you can track application status of the trademark by applying application number on the website. Check out the link for application status – Application Status.

It may take a couple of months to change the Application status.



Trademark is Published in Public Journal:



After the application is accepted, the Trademark Application is published in the Public Journal. The Trademark Application is kept open for objection of the public, if anyone has issues with the Trademark Application. The Trade Mark Application is kept open for objection on relative grounds of refusal under Section 11 of the Act because the same/similar trade mark(s) is/are already on record of the register for the same or similar goods/services.



 In case of Objections raised:



Objections are raised by the public if anyone has registered a similar trademark or logo under the same class under the same business activity. The examiner may also raise objection under Section 11 (1) of the Trade Marks Act, 1999, as the mark is identical with or similar to earlier marks in respect of identical or similar description of services and because of such identity or similarity there exists a likelihood of confusion on the part of the public.



Reply to Objections/ Examiner Officer:



Drafting the reply for the objection raised by the examiner officer and public for the trademark application while kept open for objections. Also providing clarification for objection rose along with the supportive documentary proofs.



 Trademark is approved:



After the period of objection is finished and no objection is received or objection is cleared by replying back to the objectors then the trademark gets approved. The trademark along with approved status and is visible at the website of the Registry of Trademark.

Services Offered

Trademark Registration under One Class - Rs. 5,999/-

Filing of reply to objection raised - Rs. 6,999/-

Trademark Renewal under One Class - Rs. 6,999/-

Inclusive of GST. Excluding Govt Fee and Class III Organisation DSC.