A trademark is a unique mark to authorize a sign that represents a business, and it is a way to create a distinctive identity of a company from another and build its credibility among customers. A company is always advised to recognize all the IP Rights in the form of trademark and to register every mark, brand name, logo, product name, domain names, slogan as the trademark in India to prevent the misuse by any other person or fraudulent.
Distinct means a trademark should be of its very own nature, distinguishable from other goods and services. For example, when you hear Microsoft what comes to, every mind is a software. It is unique in itself, no software existed with this name before it. Hence, it will be regarded as a trademark.
The other basic requirement is that the Trademark shouldn’t be deceptive. As goods or service is considered deceptive when it claims the quality of the product that they do not have. Like naming a packed juice cover as a Natural Juice while it doesn’t have any natural ingredients. It is deceptive for the customers.
TYPES OF TRADEMARK REGISTRATION:
The categorization of TM registration online are broadly classified as: –
Conventional trademark and Unconventional trademarks.
As per the definition of the conventional trademark in The Trade Marks Act, 1999
1. It should be intrinsically distinctive.
2. It should be able to distinguish a particular product from other products.
3. It should be capable of graphical representation.
Conventional trademarks can be defined as any trademark which is unique, distinctive to the product and is linked to the product originated. These trademarks would usually be words, devices, numeral, symbol, etc.
An unconventional trademark is a type of trademark registration that does not fall under the category of conventional trademarks. An unconventional trademark is in the form of sound marks, smell marks, shape marks, or color marks.
An unconventional mark should have the communicative ability to be able to differentiate the goods and services of one brand from that of another. The mark should be potentially distinctive.
STEPS FOR TRADEMARK FILING –
1. To get a trademark registered, the first one needs to e-register a trademark application at trademark registration in India online portal.
2. The Indian trademark registry than examine The trademark application India so as to find its inherent registrability and/or any similarity with existing trademarks.
3. An official examination report will be issued if any objection is raised on the trademark registration.
4. To overcome the objection, a hearing with the examiner is posted and it is necessary to file a written response and to present evidence of acquired distinctiveness of the trademark. the applicant is required to file an affidavit to testify such a user with exhibits showing the mark as used.
5. If in the following examination, the trademark application India is considered to be allowable, a Letter of Acceptance (TLA order) will be issued, after which the applied trademark will be published in the Trade Marks Journal.
6. If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then a trademark registration certificate is issued.
Trademark Registration in India is a very long and hectic process and it takes around 18-24 months to obtain a registered trademark in a case, without any objections or oppositions. However, once the trademark application India is filed, an application number is allotted immediately to the applicant and the priority starts from the date of application. The applicant can start using the Trademark logo after the online filing of TM.
Once the trademark registration in India is done, its validity is for a period of 10 years from the date of the TM application. The Trademark registration in India is renewable indefinitely as long as the renewal fees are paid every 10 years.