Trademark Registration for Brands in India

Trademark registration in India is crucial for brand protection as It takes a lot of time, money, and effort to develop a brand. As a result, you must ensure that you have the authorization to use your brand’s name, tagline, logo, packaging, sound, smell, colour scheme, and anything else that gives it a unique identity.

What is a Trademark?

You can register a trademark in India under the Trademark Act of 1999. An intellectual property tool known as a trademark distinguishes your products or services from those of your competitors on the market. It grants the registered mark’s owner sole ownership rights and prohibits third parties from using the mark. Once a trademark has been registered, the applicant and the brand may use the “TM” symbol.

Why is a trademark used?

Trademark registrations are frequently used to protect distinctive brands, catchphrases, or invented concepts.

What is the Eligibility to Register a Trademark?

In India, trademark registration applications can be filed by individuals, businesses, and nonprofit organisations. Yet, there are specific standards for each category of person or company when it comes to submitting a trademark application.

The following types are eligible for trademark registration in India.

An Individual

An individual may submit a trademark application and gain trademark registration for a symbol or word that they intend to use in the future without engaging in any commercial activity.

Partners

Partners of a business may jointly apply for a trademark, and the application must include both owners’ names.

A Proprietor Firm

A proprietorship firm may submit a trademark application in the name of its owner but not in the name of the business or proprietorship. Both the proprietorship name and the business name that you give in your application will be taken into consideration independently.

Partnership Business

A partnership business with a maximum of 10 members must list all of the names of the partners in the application when filing for a trademark. If the business has a minor as a partner, the guardian on his behalf must be identified.

Partnership with limited liability or LLP

The partners in this corporation each have their own unique identity. As the trademark belongs to the LLP, the partners cannot be the applicant. The application should be made in the name of the LLP in this situation.

Indian Company

Any Indian company, regardless of its legal structure (private limited, limited, or another), must submit a trademark application in its name. It should be emphasized that a company’s director cannot simultaneously be a trademark applicant because every incorporated corporation has its own identity.

Foreign Business

A foreign-incorporated corporation must apply for a trademark in India using the name that is on its overseas registration, it should also indicate the registration type and the nation of origin.

Assurance or Society

When a trademark application is filed on behalf of a trust or society, the governing members must be mentioned.

What are the Documents needed for trademark registration in India?

• Deed of Partnership if a partnership entity is listed as the trademark’s registered owner.
• An incorporation certificate is required in case the trademark is registered under a business or an LLP,
• The authorized signatory’s PAN card.
• Aadhaar card of the signatory with permission.
• TM-48 Form Signed – with the use of the TM-48, your lawyer is authorized to register your trademark with the trademark registration on your behalf.
• Logo – to make sure that the trademark registration covers all hues of the logo, kindly do not upload the logo in black and white.

What is the Process for Registering a Trademark in India?

Trademark registration requires a number of stages and ongoing government oversight, it is usually advisable to do so under the guidance of a professional. We at Tatva Consultancy have a streamlined procedure for registering a trademark in India.

1. Carrying out a thorough trademark search;
2. Submitting an application and the required documentation;
3. The Trademark Registry’s review of the application;
4. Processes following an examination;
5. The application’s announcement in the Trademark Journal;
6. Opposition from any outside source;
7. Every ten years, the trademark must be registered and renewed.

Conclusion

We understand how crucial it is for businesses to protect their unique trademarks, and that’s why we take this responsibility seriously, we’ll make sure to make your trademark registration process in India effortless. Tatva Consultancy trademark registration service will make your life a whole lot easier when it comes to securing your brand identity. Our team of experienced professionals will guide you through the entire process effortlessly. From conducting a comprehensive search to ensure your trademark isn’t already taken, to assisting you with filling out the necessary paperwork and handling all communication with the trademark registry, we take care of everything. Contact us to know more.