Guide: How to Register Trademark For Your Brand in India

A brand name doesn't progress in a day; rather, it takes years of constant efforts and sweat. Yet, once you have marked the advantages of Trademark can be realized by you. Therefore, it is of extreme concern to protect the uniqueness of your goods or service from gaining any ambitious advantage in the market through trademark registration.

What is a Trademark?

Any 'word,' 'phrase,' 'symbol,' or 'design' capable of classifying and describing the source of the goods of one from those of others are called Trademark. Trademark Act, permits the Registration of a trademark or Brand name in India. It forms a way for exclusive possession rights and prohibits others from using it and thus aiding the owner of the registered mark.

Trademarks are distinguishing, unique signs which are used to identify goods or services from a precise company. It can be either design, picture, or symbols, or can even be an expression. It is significant because it distinguishes the products from that of the competition. It can be related to the brand or product.

What are the Benefits of Trademark Registration?

What are the requirements for Trademark Registration?

• Particulars of brand name, symbol, logo or slogan for which trademark registration is needed.
• Date of first use of the Trademark.
• Details of the owner of the Trademark, such as name and address. In case the mark is sought on the company name, then the name of all the members.
• An authorization form TM-48.

Governing Body of Trademark Registration Process

Trademark Registration legislation is administered by the Office of the Controller General of Trademarks, Patents and Designs under the Department of Industrial Policy Promotions.

Filing and Trademark Registration 

For Trademark registration, the trademark owner is required to submit the power of attorney to the agent.  The owner (one who is filing the trademark registration application) is required to submit the power of attorney to the agent under the Stamp Act, 1899. The legalization of the same is not necessary. Now with the digitalization, the filing of application is also can be done through online mode. The attorney's power must be submitted before or at the time of application filing when the registration is through e-portal. The following information is required for filing a trademark application. 

• Name of the Applicant
• The country of residence of the applicant
• Description of trademark
• Specification of goods/services
• Power of attorney
• The application fees
• Priority claims and documents, where the priority of an earlier application is claimed.

In case the applicant is a Non- Resident of India (NRI), then the local service address must be provided. 

E-Filing of Application for Trademark Registration

The Registry of Trademarks permits detailed e-filing of the marks that permits the submission of the marks online, including the entry of the above information and the upload of the respective articles.

Further information on the filing of applications for trademarks can be found on the Indian Trademark Registry website.

The official e-filing fee is 10% smaller than that for the actual filing under the newly notified Trademark Rules 2017.

Examination of Application for Trademark Registration

In the examination process, the registrar has the powers that he can accept or reject the application on two grounds that are absolute and relative grounds.

Absolute grounds

Section 9 of the Trademark Act, 1999 talks about the absolute ground for the refusal of the trademark;

1. • The mark can be get rejected if it is deceiving the public or causes confusion among the public,
   • The trademark can be rejected if it is not capable to clearly differentiate the goods and services from those of other,
   • The mark consists exclusively of indications or marks which have become customary in the language or established practices of the trade,
   • The mark is contending any religious susceptibilities of Indian citizens.
   • If the mark indicates any kind of quality, quantity, value, geographical origin, or any other characteristics, such a mark can be rejected.
   • The mark which contains obscene matter
   • The use of a trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act 1950.
   • If the mark consists of any of the exclusive features:
1. The shape of the goods which indicate technical results
2. The shape gives substantial value to goods.

Simultaneously, the trademark, which was initially rejected on the absolute ground, can register again if it has a distinctive feature.

Relative ground

Section 11 of the Trademark Act, 1999 talks about the relative grounds of trademark registration. The trademark can be rejected on the relative ground provided in section 11. 

• • The mark cannot get register if it is going to cause confusion among the people.
  • A mark cannot get registered in India if its use is liable to be prevented by any law.
  • A mark will not get registered if it is identical to an earlier registered trademark and is to be registered by a different possessor for goods or services, which are different from those for which the earlier trademark is registered. The earlier mark is a renowned mark in India.

Rule 26 of the Trademark Rules of 2017 governs the representation of the mark in the application. It states that:

“Every application for Trademark registration must contain a clear and proper representation of the trademark, and it must be clear that the size of the trademark should not exceed 8 cm x 8 cm prescribed limit. In the registration application, the statement to the effect that the applicant wishes to claim a combination of colors or designs as a distinctive feature of the trademark, the application must be accompanied by a reproduction of the trademark in that combination of colors.”

Conclusion

Trademarks are distinguishing, unique signs which are used to identify goods or services from a precise company. It can be either design, picture, or symbols, or can even be an expression. It is of extreme concern to protect the uniqueness of your goods or service from gaining any ambitious advantage in the market through trademark registration.It is significant because it distinguishes the products from that of the competition. It can be related to the brand or product.