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The Basics information about

Trademark Registration in
India

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F or the purpose of brand building, it is crucial to understand the basics of
Trademark. Registering a trademark is a legal process provided under the
Trade Marks Act, 1999. This article will throw light on some of the
fundamental aspects related to it; such as basic understanding of the term
‘Trademark’, its types and importance, who can register for a Trademark and the
procedure to get one registered.
This article will provide you with a deeper understanding of Trademarks and help
you safeguard your business and your brand in the longer run.

What is a Trademark?
Trademark is a unique Design, Logo, Word, Symbol, Graphic, or any combination
of all or any of these that uniquely recognizes a firm or its product or service. It
guarantees the item’s authenticity.
A trademark gives distinctiveness to a brand. It is a noticeable sign which is used
to identify the product or service of a particular trader from those of others.
It helps in safeguarding the brand name from being misused by the rivals. It also
helps prevent misunderstanding and manipulation of customers, who come to
associate with quality and attributes of a distinct brand in particular.

Trademark is mostly positioned on the label or on the product itself. Some of


the most famous Trademarks are:

Types of Trademark
1.Product Mark:

A product mark is similar to a trademark. It is used to identify the products or


goods and not the services.

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2. Service Mark

This type of trademark is used to identify the services and not the products
provided by any Company.
3. Collective Mark:

These types of trademarks are associated with a group of people and not one
single product or service.

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4. Certification Mark:

The certification mark is created to show the authenticity of a company. It is to


show that the product/service is certified and meet particular standards.

5. Shape marks:

Under this trademark, other than the logo, label, and other identifiable symbols a
product can also be distinguished based on its packaging.
6. Pattern Mark:

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Pattern Trademark is a trademark wherein the pattern is able to distinguish the
product from other brands.
7. Sound Mark:

A Sound Trademark is a trademark where the sound is used to perform the


trademark function for uniquely identifying the origin of products or services. The
first Sound Mark to be registered in India was Yahoo yodel followed by Nokia
tune.

What does a Trademark do?


A trademark is a symbol, slogan, design, word or combination of elements that
identify a party’s goods or services and distinguishes them from someone else’s.
The main purpose of a trademark is to prevent unfair competition between
companies that use consumer confusion to get more business. For example, if an
independent diner used a golden, arched “M” as its logo, it could confuse
customers who think the establishment is a McDonald’s. Causing this type of
confusion is against trademark law.
The purpose of trademark law is twofold:
• A trademark helps customers distinguish between products
• A trademark protects the owner’s investment and reputation
If the owner of a trademark has spent time and money in presenting a service or
product to the consumer, the owner should be able to protect this investment by

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being allowed to prevent others from using the trademark and profiting from the
owner’s investment.
Trademark makes it easier for the customers to differentiate your product from
that of your competitors’ and helps in capturing the attention of potential
customers, making your products/services stand out from the crowd.
The registration of a trade mark confers upon the owner the exclusive right to the
use of the registered trademark and indicate so by using the symbol (R) in relation
to the goods or services and seek the relief of infringement in appropriate courts
in the country.
Why do you need a Trademark?
If you’re starting a new business or trade, a logo, name or signature is the first
thing you choose to separate yourself from the rest. A “trademark” is that
symbol you will use to do so.
If you register your brand name as a trademark you will receive a legal right to
protection of that name throughout the whole country.
This right can be verified by the use of ® to indicate to customers and other
traders that the trademark is registered.
Trademarks are valuable business assets in that they can be sold or licensed.
If a competitor starts to use the same or a similar name, trademark registration
gives the owner of the trademark a quicker, easier and cheaper way to prevent
the competitor from using the same name.
Trademarks can also act as an effective communication tool. In a single brand or
logo, trademarks can convey intellectual and emotional characteristics and
messages about you, your company or your products and services.
Trademarks are used for branding, especially on social media. Most buyers enter
the brand name in the search engine while searching for any products and
services. Social media marketing using the brand name can lead to more brand
recognition among consumers and also helps in building higher traffic on the
website which will translate into more customers.

Who can register for a Trademark?


• Any person claiming to be the owner of a mark for his product/service for
which he is going to use the mark can apply for registration of the trademark.
• The application for the trademark can be filed within few days and “TM”
symbol can be used. The time required for trademark registry, to complete
formalities is 18 to 24 months. The ® (Registered symbol) can be used next to
your trademark once the trademark is registered and registration certificate is
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issued. Once registered, a trademark will be valid for 10 years from the date
of filing, which can be renewed time to time.
• Any individual, Joint Owners, Proprietorship Firm, Trust or Society can apply
for the registration of a trademark to protect brand or slogans or coined
words that are unique to a person or entity.
• In the case of a company about to be formed, anyone may apply in his name
for subsequent assignment of the registration in the company’s favor. The
right to use a mark can be exercised either by the registered proprietor or a
registered user.

Where can I get my Trademark?


• An application for a trademark with the prescribed fee can be made at one of
the five offices of the Trade Marks Registry located at Mumbai, Delhi, Kolkata,
Chennai, and Ahmedabad. This will depend on the place where the owner
resides or has his main place of business.
• E-filing of a trademark application is a new service provided by the trademark
registry office on its website. Where an electronic application form is to fill.
Associated attachments and necessary payment are to be made to complete
the registration process.
• Or you can save your time and effort by simply consulting experts at Venture
Care, where we will assist you thoroughly in filling up your application in just 2
working days.
Apply online for Trademark Registration and Secure your brand and business in
less than 15 Minutes. Start Now

If you have any query please comment in the comment box below or call us on
020 65363633

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Contact Us:

Head Office (India) Branch Office (Netherlands)


Venture Care
Venture Care
Sr.No-29, Ajikyatara, kalaniketan,
Dhankawadi, Near Rajshri Shahu Bank,
Jonker Fransstraat 46,
Pune, Maharashtra 411043 (IN) 3031 AV Rotterdam, (NL)

Phone: (020)-65 3636 33 Phone:+31 614 575 275

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