What is Trademark Registration?

Building a brand takes a lot of time, effort and capital. As a result, it's necessary to make sure that you possess the rights to use your brand's logo, tagline, product shape and packaging, sound, fragrance, colour combinations, and anything else that gives it a distinct identity. Trademark is a type of intellectual property which differentiates your product or services from other competitors in the market.

In India, the Trademark Act,1999 permits you to register a trademark. It allows for exclusive ownership rights and prohibits others from using the mark, favoring the registered mark's owner.

Once a trademark is registered, the "TM" symbol can be used with the applicant and the brand. To protect the brand name, trademark registration in India is essential. It is typically best to seek trademark registration under the supervision of a professional, as the process entails several steps and needs constant government follow-up.

Eligibility for Trademark Registration

Trademark registrations are prevalently used to protect unique brands, slogans, or invented terms. Individuals, corporations, and non-profit organization can all file for trademark registration in India. However, each class of person or entity has its own set of requirements when it comes to filing a trademark application. In India, the following are eligible for trademark registration.

An individual (Person)
An individual who is not doing any business can also obtain a trademark application and obtain trademark registration for a symbol or word that is proposed to be used by the applicant in the future.
Joint Owners
The Joint owners of a company together can file for a trademark and both their names must be mentioned in the application.
Proprietorship Firm
A proprietorship firm may file a trademark application under its proprietor's name but not under the business and proprietorship names. If you include a proprietorship name and a business name in your application, those details will be considered separately.
Partnership Firm
A partnership company must include all the names of the partners in the application while registering for a trademark, with a maximum of ten members. If a minor partner is present, the name of the minor's guardian representing him must be mentioned.
Limited Liability Partnership/LLP
In the case of the Limited Liability Partnership, the application should be in the name of the LLP. It is an incorporated body where the partners have their own identity. The partners cannot be the applicant as the trademark belongs to the LLP.
Indian Company
Any Indian company, regardless of weather a private limited, limited, or any other form, must file a trademark application in the company's name. It should be noted that any incorporated entity has its own identity, so a company's director cannot be a trademark applicant.
Foreign Company
If a foreign incorporated entity applies for a trademark in India, the application must be made in the corporate name as it is registered in the foreign country. The nature of the registration, the country, and the law should all be mentioned here.
Trust or Society
If a trademark application is filed on behalf of a trust or society, the managing trustee, chairman, or secretary who is representing the trust or society must be named.

Benefits of Trademark Registration

There are numerous reasons to register a trademark, but the majority of them are required for all businesses and ambitious entrepreneurs because it serves as a valuable asset. Obtaining a trademark registration and utilizing the services has numerous advantages. Here are a few benefits.

Intellectual Property Protection

The legal protection provided by trademark registration is against the misuse or copying of the company's name or registered logo. The trademark owner acquires legal ownership of the trademark, which can be enforced in any court. When a trademark is registered, the owner gains nationwide possession of the mark.
A trademark registration serves as a formal notice that the trademark has already been registered.
Powerful Deterrent

A trademark owner obtains the ability to publicly display his or her brand as a registered trademark, alerting others and eliminating the defence of innocent infringement. Once a trademark is registered, it will appear in search reports, preventing other applicants from pursuing the registration of the same or similar mark.
If you are the first to file a trademark, the National Trademark Office in New Delhi will reject to register any trademark that appears to be confusingly similar to another trademark.
Legal Remedies
The owner of a trademark can recover up to triple damages from the offender if the trademark is registered in India. The owner is presumed to be the rightful owner of the trademark. When a trademark is registered, the owner gains the ability to sue anyone who is misusing the mark in any court. Unregistered trademarks, on the other hand, are subject to legal action.

Document Required for Trademark Registration

Incorporation Certificate

Partnership Deed

PAN Card

Aadhar Card

Form-48 Signed

Logo

MSME Certificate