Trademark Registration
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity trademarks are also being displayed on company buildings.
A trademark identifies the brand owner of a particular product or service. Trademarks can be licensed to others; for example, Bullyland obtained a license to produce Smurf figurines; the Lego Group purchased a license from Lucasfilm in order to be allowed to launch Lego Star Wars; TT Toys Toys is a manufacturer of licensed ride-on replica cars for children. The unauthorized usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy.
The owner of a trademark may pursue legal action against trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. The United States, Canada and other countries also recognize common law trademark rights, which means action can be taken to protect an unregistered trademark if it is in use. Still common law trademarks offer the holder in general less legal protection than registered trademarks.
Trademark registration enables owners to easily establish their right to the trademark in court and earn royalties. It also deters piracy and prevents similar company names from being registered by other businesses. You can conduct a trademark search, to check if your brand name clashes with existing trademarks. In India, you could get a ™ within three days, but it takes up to two years for it to be registered so that you can use the ® symbol.
Documents Required For Trademark Registration
1. Identity and Business Proof
Identity proof like passport, drivers license, aadhaar card, voters id or ration card for the trademark owner or person authorised by the trademark owner for filing the trademark application.In case of legal entity or registered body, then partnership deed or incoporation certificate or registration certificate is required.
2. Logo with Tagline
If the trademark application is made for a word, logo is not required. In all other cases, logo must be submitted preferably in black and white format. The logo must contain the exact words mentioned in the trademark application.
3. Form-48 and User Affidavit
Form-48 authorises an Attorney to file a trademark application on your behalf with the Trademark Registrar. In case a claim for previous use is made on the trademark application, then trademark user affidavit must be submitted.
Following marks can be registered under the Indian trademark law:-
- Names
- Invented / Coined Words
- Numerals
- Letters
- Devices
- Combination of colors
- Shape of goods
- Slogans
- Signature
- Sound Marks
A trademark public search can be conducted in India on the Indian Trademark Registry's Website at: https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx