FAQs on Trademark Registration in India

When a company decides to protect its brand, it begins by registering a trademark and obtaining a trademark certificate of registration before opening for business. There are many questions that may arise as you prepare to register your trademark. Don’t worry, this blog has a comprehensive collection of FAQs on trademark registration in India, that will help you to know everything about Trademark Registration in India.

 

Q1) What is trademark?

Ans: Basically a trademark is a brand or a logo that you use to distinguish your product from those of your competitors. The term Trademark is the legal term for  “intellectual property”.

 

One can also say that a Trademark is typically a name, word, phrase, logo, symbol, design, image or a combination of these elements. A trademark identifies the brand owner of a particular product or service.

 

Q2) What is trademark Registration?

Ans: Trademark Registration is a legal procedure provided under the Trade Marks Act, 1999. Through trademark registration or you can say logo registration/brand registration, you can protect your brand or logo by restricting other people from using the same.

 

Q3) How do I get my trademark registered in India? What is the process for trademark registration?

Ans: Here’s an easy guide through which a person/entity could register a Trademark:

 

• Decide or Come up with a Mark/Name/Logo for the specified product/Company’s name:

Decide on which Mark/Name/Logo/Device you want to register as a trademark.

 

• Trademark Search:

The first and foremost step is to search and ensure whether there are any similar trademarks already registered or not. This would help you to overcome any grounds of refusal for rejection of a Trademark application. This search could be done at https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

 

• Filing a Trademark Registration Application:

After ensuring with the Trademark Search, A trademark application could be made with the Trademark Registry. This application could be done either offline (at the Trademark Offices) or through Online Mode.

 

• Examination:

After an application is filed, the same is Examined by the Examiner of Trademarks. Normally the Examination process takes 12 to 18 months to be completed. The examiner could also for any clarifications from the applicant if any discrepancies are found, and the same shall be justified from the end of the applicant.

 

• Publication:

Once the application is examined thoroughly, the same shall be published in the Trademark Journal. The purpose of the publication is with respect to any Objections raised, if any, by any other entity or person.

 

• Registration:

Usually after 3-4 months of the Trademark Publication, a Registration certificate is granted by the Trademark Office. The same could be renewed every 10 years for its due protection.

Q4) How much fees will i have to pay for trademark registration?

Ans: The government fees for Trademark registrations are as under:

• Where applicant is Individual/Startup/Small Enterprise the fees for E-Filing would be 4500 whereas for the physical filing fees would be 5000.
• In all other cases fees for E-Filing would be 9000 and for physical filing fees would be 10000

To know the professional fees for Trademark registration get in touch with us at info@ebizfiling.com or call 9643203209.

Q5) Where should I apply for my trademark registration?

Ans: The applications for the trademark registration can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed online through the e-filing gateway available at the official website.

 

Q6) Is trademark registration an online process?

Ans: Yes the Trademark can be registered online through the e-filing gateway available at the official website. However it can also be filed physically at the front office counter of the respective office or can be sent by post.

Q7) How can I check my trademark registration status?

Ans: By following the below given steps you can Check Trademark Status

Step 1: Access IPINDIA Website.

Step 2: Select National/IRDI Number.

Step 3: Provide Trademark Application Number.

Step 4: View Trademark Application Information.

 

Q8) What are the documents required for trademark registration?

Ans: The most important documents for trademark registration as follows:

• Soft copy of the trademark.

In the case of an individual or a HUF

• Identity proof
• Address proof,
• Citizenship and;
• Business registration document (if available).

In the case of Company/LLP

• Shops Establishment License;
• Certificate of Incorporation and;
• Address proof of the company.

In case of Partnership firm

• The Partnership Deed.

Apart from these, there are no particular documents to be filed. Different forms for different types of applications have to be filed for registration of trademarks.

Q9) What are the benefits of having your trademark registered?

Ans: The registration of a trademark confers upon the owner the exclusive right to use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.

 

Q10) How much time will it take to get my trademark registered?

Ans: Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

 

Q11) Can i use the TM symbol in my LOGO after i applied for the registration of the trademark?

Ans: Yes, The TM symbol is used when an application for trademark is made with the trademark registry. The TM symbol is thus used to indicate the fact that a trademark application exists with respect to the trademark and serves as a warning for infringers and counter-fitters.

 

Q12) What can be registered as a Trademark?

Ans: A phrase, word, symbol, device, or even a color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law. Trademarks have a 10-year protection span.

 

Q13) What is the difference between R and TM?

Ans: The TM  Symbol can generally be used by any person or business to indicate that a particular word, phrase or logo is intended to serve as an identifier for the source of that product or service. You do not have to have registered a trademark to use it and many companies will opt to use the TM  symbol for new goods or services in advance of and during the application process.

 

The R symbol indicates that this word, phrase or logo os a registered trademark for the product or service. It must only be used in the case of registered trademarks and by the owner or licensee. It also must only be used in the regions in which you possess a valid trademark registration.

Q14) What trademarks can not be registered?

Ans: A trademark has to have one basic feature that is it should be unique and create a brand identity for a product. So if a trademark is such that does not create any brand for a product can’t be trademarked. In general,

• Generic words can’t be trademarked. For example you can’t trademark the words like TV, Fridge, scooter, car etc.
• The names of the cities and countries can not be trademarked.
• The names of Gods and Goddesses and the names of religious books can not be trademarked. For example you can’t trademark *Lord Ram* or *Ramayana*
• Surnames can not be trademarked under normal circumstances. For Example you can’t trademark *Sharma*
• Names of Constitutional Posts or Government posts can’t be trademarked. For examples you can’t trademark *Prime Minister of India
• Words which denote illegal or Immoral acts can’t be trademarked. For example you can’t trademark *Let’s cheat* or *Let’s grope*
• Words which are prohibited under names and emblems act can’t be trademarked. For example, you can’t trademark the official sign of Government of India

Know in detail about what can not be registered as a trademark

 

Q15) What is Trademark Search?

Ans: Trademark searches refer to any action taken for the purpose of determining whether and/or a trademark is used in commerce. Trademark searches can be narrow in scope or can include results from every avenue for trademark protection for every mark is remotely similar to the mark that is the subject of the search. An appropriate search strategy will consider the nature of the mark, the nature of the goods/services the mark covers, the timeline for bringing the mark to commerce, and the applicant’s allocation of resources.

Q16) What is Trademark Watch service?

Ans: Trademark registration is a long process which has to pass through various steps. Trademark watch provides the services of keeping a close watch at the each stage of the Trademark registration process and even after that and do the needful as and when needed to prevent the client from missing out on any important stage which can affect the registration of the trademark.

 

Q17) Where can I get the Trademark Watch services in India?

Ans: You can get the Trademark watch services at Ebizfiling. Ebizfiling Trademark watch provides the services of keeping a close watch at the each stage of the Trademark registration process.

 

Q18) Is Trademark necessary in India?

Ans: If you have a business which has a competitive market, it is necessary to protect your company or brand name, logo or symbol with a trademark. 

 

A Trademark protects your brand and provides you with the tools to prevent someone from riding on the back of your business. Trademark is capable of distinguishing the goods or services of one person from those of others and includes the shape of goods, their packaging, and a combination of colors.

As trademarks:

• Prove to be valuable assets and it keeps appreciating over time.

• Protect your brand and goodwill, products and services.

• Trademarks are an effective communication tool. They speak for themselves.

• Trademarks make it easy for customers to find you.

• Trademarks are easy to apply and easy to use

 

Q19) Can we use any trademark without registration?

Ans: Yes, you may use a trademark without registration. That would be called an unregistered trademark. Ensure it is not identical to other brands or logo or name. As it is essential that a trademark needs to be distinctive from that of others.

Q20) Can I do my own trademark search?

Ans: Yes, you may perform your own trademark search. All you have to do is follow some simple steps which are: 

1. Visit online portal of trademark registry India i.e.  ipindiaonline.gov.in.
2. Submit all the required information about the trademark such as Which class the trademark belongs to, value, word mark, and last but not the least, description of the goods.
3. When you click the button search, the result will show you whether the trademark that you submitted is already in use or not.

 

With a trademark search you may be relieved from the stress that in future there will be any clash with any company regarding the trademark that you want to register.

Q21) What is the trademark status of provisional refusal confirmed and how do I protect my registered trademark from it in India?

 

Ans: When Trademark status shows, “Provisional refusal confirmed” means that there has been an objection during the examination or an opposition is received after the publication of the said trademark. and hence, trademark registry of India has communicated “Provisional refusal” to the International Bureau of WIPO. and the duly person would be given an opportunity to give response to that effect within one month of receiving provisional refusal.

Here you have a chance to challenge the decision taken by the trademark registry by filing an appeal to the boards of appeal or court of appeal. For that I would suggest you to hire a qualified attorney who can fight and argue in this regard in front of the appellate authority. This way you might get a chance to protect your trademark.

Q22) Can I change the registered email address for the Trademark registration application at IP India?

Ans: Yes, you can change the email address for Trademark registration.

 

To change the email address before the registration then you will have to file an application in Form TM M With Prescribed fees i.e INR 1000/- if filed physically and INR 900/- if filed online. If you are required to change the email address post the registration, then you will have to file Form TM P with prescribed fees i.e. INR 10,000/- if filed physically and INR 9000/- if filed online. Fees may vary depending upon the professional charges.

However, note that filing an application for modification is a task, and there must be no errors. So, it is highly recommended that you hire a professional for the task.

 

Q23) What Trademarks can not be registered?

 

While registering for trademark, following are a few categories, which can not be registered as Trademeark and if you do so, your Trademark might get rejected.

 

1. Names and surnames: Names or surnames cannot be used as a trademark in India if they do not possess a distinctive character.

2. Numericals: Numbers can’t be said to selective to be utilized as a trademark, as such.

3. Geographical Location: Geographical locations cannot be used as trademarks.

4. Color: Melodic notes as melodic documentations are acknowledged as trademarks in India.

5. Smell: Smell cannot go through the process of Trademark Registration in India. It is difficult to distinguish between different smells.

6. Devoid of distinctive Nature: The sign of an item or administration which is not of an unmistakable sort would not be a trademark.

 

Q23) What should i do when my brand trademark certificate erroneously bears someone else’s name?

 

There is a provision to change in Trademark certificate be it Change in business address or name. Here in your case as you have mentioned that the Trademark certificate mistakenly bears someone else’s name.

 

For that all you have to do is File form TM P or TM M with supporting documents, with prescribed fees. You might need to attach a letter explaining your problem with verification from the person whose name is there on the Trademark certificate.

 

The Registry, will further verify your application and Officer-in-charge may seek any clarification or supporting document to prove the genuineness of the application. If he is satisfied with your clarification, he may allow the change in the name of your trademark certificate.

 

Q24) If somebody steals your brand name and you didn’t trademark it, what can you do to get your name back?

 

Well, In case you are the first user of the brand name for commercial purposes. If the other person has not got the registration for the brand name, then you may apply for the registration of the trademark and claim your ownership over the brand name.

 

Even in the case where the other person has applied for the trademark, you also may still apply for the same as the first user will have a preference of getting the trademark on his name.

 

Make sure your competitor doesn’t get the brand. You should file opposition if he has filed a trademark application for your brand.

 

The only condition for this is that you will have to be able to establish the fact that you were the first user of the brand name and not the other person so you need to collect the proof of the usage to help you in future.

 

Q25) Whether a trademark obtained by sole proprietorship can be continued as the same even if its converted as an OPC or Pvt Ltd Co.?

 

Yes, A trademark obtained by sole proprietorship can be continued as the same even if it is converted as an OPC or Pvt Ltd co.

For that all you have to do is File form TM P or TM M with supporting documents, with prescribed fees. You might need to attach a letter explaining your problem with verification from the person whose name is there on the Trademark certificate.

The Registry will further verify your application and Officer-in-charge may seek any clarification or supporting document to prove the genuineness of the application. If he is satisfied with your clarification, he will approve of changing the type of business structure.

 

Q26) What is the difference between Trademark and Design Registration?

 

Trademark means a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.

While the designs means only the features of shape, configuration, pattern or ornament or composition of lines or color or combination thereof

Now let me explain to you the difference between the trademark registration and Design registration:

A trademark registration is meant to protect your brand and provides you with the tools to prevent someone using similar signs and riding on the back of your business.


A design registration is meant to protect the design of the product. Here, we are not only talking about how the product looks, but we are talking about what the product does as well.

 

Q27) What is the difference between a registered trademark and unregistered trademark?

 

s the name suggests, a registered trademark means a trademark that is registered with the trademark registry while the other one i.e. Unregistered trademark is not registered with the trademark registry.

 

A registered Trademark is a mark, symbol, logo, or name upon which a person or a company has marked their ownership for exclusive use by registering it to the Trademark office.

 

While the unregistered refers to any symbol, sign, word, etc., used by the company as a trademark, but not at all registered hence, it may be used to distinguish the brand, name or logo but it does not give whole ownership.

 

The registered Trademark provides you with the full protection against the infringement of your trademark or if someone tries to use your trademark.

 

An Unregistered trademark does not provide you with this protection.

 

A registered trademark can use the symbol ® while an unregistered trademark may use ™ logo which indicates that such trademark is not registered but is distinguishable from other similar goods or services.

 

Q28) What is the meaning of a trademark objection according to section 9(1) A in India?

 

Section 9 objections are made when the Registrar/Examiner considers the trade mark to be descriptive of goods/generic/laudatory/indicating quality or nature of goods.

 

As far as Objection under Section 9(1) A is concerned it prohibits the registration of trade marks which are devoid of any distinctive character. However, it does not give any clear definition as to the nature of the objection. Its purpose is to prohibit generally registration of marks which do not fall foul of the definition of ‘trade mark’ and do not fulfill the function of a trade mark. That means the trademarks which do not identify and distinguish goods or services of one person from those of others can be objected.

Q29) On what grounds is my application for trademark registration refused in India?

 

a trademark application may be refused on many grounds, which are as follows:

 

1. If a trademark is not capable of distinguishing the goods or services of a person from those of another person

2. If it consists exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service.

3. If it consists exclusively of marks or indications which have become customary in the current language or in the bonafide and established practices of the trade.

4. Also the following trademark may be refused if-

• It is of such nature as to deceive the public or cause confusion.

• It contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India.

• It comprises or contains scandalous or obscene matter.

5. Also, if a trademark consists exclusively of the following, it may be rejected-

• The shape of goods which results from the nature of the goods themselves, or

• The shape of goods which is necessary to obtain a technical result, or

• The shape which gives substantial value to the goods.

 

Q30) How can you discover who owns a business trademark?

 

You can discover who owns a business trademark by conducting a trademark search. You may conduct a trademark search online. The online search for TM is available on the official website of India’s Intellectual Property Rights governed by the Controller General of Patents and Trademarks under the Ministry of Commerce and Industry. This way you may ensure the owner of a business trademark.

 

Q31) Can you trademark a number?

 

Yes, you may trademark a number, the only condition to trademark a number is that you shall use the number as a brand for your products or services. It must be unique and capable of identifying the product or service from one person to another.

 

Q32) Can i trademark a logo in India when a similar trademark is already registered to my competitor in the USA?

 

Yes, as trademarks are territorial, you may trademark a logo in India even if a similar trademark is already registered to your competitor in the USA.

 

However, you will have to ensure that your competitor has not trademarked the same logo in India, otherwise it will not be possible to get the same logo. You can do this by conducting a trademark search on the trademark registry’s official website.

 

Q33) In IP law, what is the difference between a trade name and a trademark?

 

Trade name and Trade mark sounds similar but is totally different.

 

• Trade name is an official name under which an individual or company conducts business.

• While a trademark offers companies legal protection for a particular brand, which may be associated with a trade name.

• Trade name does not provide you with legal protection, while registering a trademark provides you with legal protection.

 

Registering a trade name does not prevent anyone else from operating a business under the same trade name. While a registered trademark can give you legal protection from some one else using or stealing the same.

 

Q34) What is a R in trademark? What does it mean? What is the difference between R and C?

 

The ® is the symbol that confirms that the brand or logo is a registered trademark. The ® symbol indicates that this word, phrase or logo is a registered trademark for the product or service. It must only be used in the case of registered trademarks and by the owner or licensee. It also must only be used in the regions in which you possess a valid trademark registration.

 

The © symbol is reserved for copyrighted materials, such as blogs, books, or paintings. It is used to protect literature, music, art or dramatic work.

Q35) How do you check a registered trademark R?

 

To check a registered trademark with R symbol, all you have to do is to check on the the government’s website that is piindiaonline.gov.in. That is called trademark search.

 

If a trademark, registered it will show the status as a registered R.

 

Q36) What exact protection do I get with a federally registered trademark?

 

To register a trademark is highly advisable as it may protect your brand, name or logo in so many ways. Some of the benefits are as follows:

 

• The registration of a trademark confers upon the owner the exclusive right to the use of the trademark concerning the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R)

• You may seek the relief of infringement in the appropriate courts in the country.

• The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc.

 

Where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.