Introduction 

A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest. A registered trademark is your business’s intellectual property/ intangible asset. It protects the investment made into creating trust and loyalty among your customers. The registration provides the right to sue against others who try to copy your trademark and prevents others from using a similar trademark to the one registered by you.

What Can You Register As a Trademark in Delhi?

Many aspects of your brand image can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers. Pick that aspect(s) for registering.

1. Name

1. Product Name: 

You can register a particular product’s name as a trademark. Apple’s iPod is a product name trademark.

2. Business Name: 

Registering a company name as a trademark is the most common route businesses take. 

3. Person’s Name/Surname:

If your name plays an important part in generating revenue, then you can even trademark your name! Ex: Shah Rukh Khan has trademarked his name.

4. Abbreviations: 

Abbreviations of a company or brand name can also be a trademark. Ex: BMW.

2. Logo/Symbol

It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of a logo trademark is the ‘swoosh’ of Nike.

3. Tagline

If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. 

4. Other Options

a. Colour Mark: You can trademark a colour or a combination of colours. 

b. Sound Mark: Musical notes or sounds can be trademarked if we can prove that it's distinctive. 

c. Scent Mark: Even scents can be trademarked.

Why Is Trademark Registration?

Trademark registration is important and necessary for a business because:

• It showcases your unique identity
• It helps you build trust and loyalty among your customers
• It offers legal protection for your brand’s identity
• It is an asset in itself
• It prevents unauthorised usage of your brand’s identity.

Benefits of Trademark Registration in Delhi

There are numerous reasons to register a trademark in Delhi, 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 utilising 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 refuse 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 Delhi. 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.

Documents required for Trademark Registration in Delhi

• Incorporation Certificate

If the trademark is registered under a company or LLP.

• Partnership Deed

If the trademark is registered under a partnership firm.

• PAN Card

Of the authorised signatory.

• Aadhaar Card

Of the authorised signatory.

• Form-48 Signed

Please print the document in colour. An authorised signatory to sign on each of the pages.

• Logo

Please upload the logo in black and white to ensure all colours of the trademark are covered under the registration.

Important things to know before getting a Trademark registration

With technological advancements, Trademark registration can now be done online.

Trademark Search

It is necessary that before beginning, the entrepreneur must search for trademark availability. Doing a Trademark search will provide information about identical or similar Trademarks filed with the Trademark Registry. 

Trademark Filing

The trademark registration application can be filed with the Trademark Registrar after the trademark search is completed. However, the application must be made in the prescribed manner and preceded by the applicable fees. The application can be made online or at any of the state's five Trademark Registrar's offices. To register a trademark online.

The Trademark Registration application must contain the following information:

• Logo or the Trademark
• Name and address of the Trademark owner
• Trademark used Since the date
• Description of the goods or services

The Vienna Codification Process

The Vienna Classification, also known as the Vienna Codification, is an international classification of the symbolic elements of trademarks that was established by the Vienna Agreement (1973). The Trademark Registrar will apply the Vienna classification to the Trademark based on the marks' figurative elements after the Trademark registration application is filed. While this work is being done, the trademark application status is usually displayed as "Sent for Vienna Codification".

Trademark Examination

Post completion of the Vienna Codification, the Trademark registration application will be assigned to a Trademark Registrar's officer. After that, the officer will check the Trademark application for accuracy and produce a Trademark examination report. The officer has the option of accepting the Trademark application, allowing trademark journal publication, or objecting to the Trademark registration process. If the application is denied, the applicant has the option of appearing before the Trademark Officer to answer the concerns. If the officer finds the justification sufficient, the Trademark will be approved for publishing in the Trademark Journal. The applicant has the ability to appeal the officer's judgement to the Intellectual Property Appellate Board if the grounds aren't suitable.

Trademark Journal Publication

The proposed Trademark is published in the Trademark journal once the Trademark Registrar accepts the registration application. This journal is published weekly and contains all of the trademarks that have been received by the Registrar. In addition, members of the public can oppose a trademark registration if they believe it would harm them. If no objections are received within 90 days of publication, the mark will be registered in 12 weeks.

If a third party objects to the application, the Trademark Hearing Officer will schedule a hearing. Both the applicant and the opposer have the opportunity to appear and present their respective justifications.Based on the hearings and the evidence put forth, the Trademark Hearing Officer will determine if the application should be accepted or rejected. However, the decision by the Hearing officer can also be challenged by the escalating officer.

Trademark Registration

If no objections or oppositions are raised, just the trademark document and registration will be prepared and issued. Trademark is deemed a registered trademark of the owner only once the Trademark registration Certificate is issued, providing the owner some exclusive rights to the mark. The ® Symbol can now be added to a logo or a trademark.

Trademark Objection

The trademark examiner objects to your application for a variety of reasons, which is one of the first stages in the trademark registration process. The registrar seeks valid reasons or explanations about the mark and its registrability, rather than simply denying your claim. He offers the applicant the chance to explain how the trademark meets the requirements for successful registration.

Trademark Opposition

A trademark opposition is an objection filed by a third party against the registration of a trademark. The Registry accepts oppositions from any natural or legal person. This comprises individuals, businesses, partnership firms, and trusts (s). Notably, the person registering the opposition does not need to have an economic interest in the case or a previously registered trademark with the Registry to file the opposition.

Trademark Hearing

A trademark hearing is a physical appearance before the registrar of trademarks, either in person or by a trademark attorney or trademark agent, for the purpose of removing the proposed objections under review from a report issued following the filing of a trademark registration statement or application. If the registrar authority is not satisfied with the response lodged against the objection proposed in the final report in the procedure of trademark certification, a trademark hearing is held.

Please upload the logo in black and white to ensure all colours of the trademark are covered under the registration.

Conclusion 

The process of trademark registration in Delhi is more complicated than it appears. It involves a number of processes and government follow-ups. Online Legal India has made it easier for you by breaking it down into three parts and doing the majority of the work. Register your trademark today to protect your company's logo, tag line, and brand.