Simply said, trademarks are distinctive characteristic indicators that are utilized to distinguish products or services coming from a certain business. They could be patterns, images, signals, or even facial emotions. It is crucial since it sets your items apart from those of your rivals. It could be connected to your brand or merchandise. Trademark is categorised as Intellectual property & is protected under the Trademark Act, 1999.

One must register a trademark to benefit from trademark rights protection. It is crucial to register the trademark since doing so stops others from imitating it and misusing it on other items. 

A trademark does not come with a set restriction term like a patent. While a trademark registration lapses after ten years of registration as opposed to twenty years for a patent, it can be renewed for another ten years.

Advantages of Trademark Registration

A trademark is a unique symbol or sign that might be a label, a number, or a group of colours used to identify your services or goods. According to the Trademarks Act of 1999, you can register a trademark.

By using a trademark, you & a third party can tell your goods and services from those of your rival. However, it would be advantageous to remember that common names, trade names, geographical names, and abbreviations cannot be registered as trademarks.

In addition to being distinctive, a trademark ought to be simple to use, help sell your products, and build brand recognition for them. There are certain unique advantages of trademark registration are:

Legal Protection

Trademarks are protected from infringement since they are considered to be intellectual property. The undivided right to use a trademark in connection with the "Class" of products or services it represents is also granted by trademark registration. Once the trademark application has been introduced, you may use the Symbol "TM" with your goods. Only once you have achieved trademark registration may you use the letter "R." Additionally, the ® mark can only be used for the products and/or services that are stated in the certificate of registration.

Brand Name

Consumers relate a product's functionality, quality, features, etc., to the business that produces it. They use the product's logo, which is a registered trademark, to identify it widely. Your products and services will be more easily recognised if you register your trademark. Additionally, it develops positive associations for the brand. As a result, the brand is well-known & develops value over time. While keeping devoted consumers, brand awareness encourages new clients.

Differentiation of Services

Registrations for trademarks are unique to the services or goods they describe. A trademark will allow you to differentiate your goods from that of your rivals. Additionally, the trademark registration will aid in clearly distinguishing your items because it will be valid for the entire class of goods or services represented. Customers may distinguish items bearing various trademarks, resulting in the development of a client base for the product.

Formation of Assets

A commercial firm can generate an asset by registering a trademark. Intangible assets, such as trademarks, are recognised in accounting and taxation. Trademarks are pieces of intellectual property that have value in relation to the goods they identify. Trademarks may be bought, leased, assigned, or used commercially in any other way. In the books of accounts, you can identify the value or cost connected with trademarks.

Goodwill

The entire business value, goodwill, & net value in the industry are all enhanced by trademarks that are registered and connected to your items. Your trademark conveys your commitment to excellence, the distinctive qualities of your goods, and the purpose of your business. Your business can expand thanks to trademarks. They support retaining devoted clients and safeguarding your company's reputation.

Trademark recognition 

The trademark may, however, be renewed in the future. If you wish to utilise your trademark outside of India or extend the business, you must acquire approval from the appropriate governments or register your trademark there. In these situations, the trademark registration & commercial operations in India serve as a foundation for obtaining registrations outside of India.

Trademark Registration Procedure

It is not a good situation when you spend time and money developing a brand only to discover that the same brand name is being used by someone else, trying to rob the hard-earned brand reputation. Many trademark (TM) owners find themselves in drawn-out legal battles because they neglected to register the brand name as a trademark when the opportunity arose. The brand name trademark registration procedure is not a challenging undertaking. It only takes some easy steps to register your brand name in India and gain much-needed legal protection.

• Search of Trademark

Many business owners are clueless about the importance of a TM search. A distinctive name is not a sufficient excuse to forego a TM search. A trademark search helps you determine whether there are any comparable trademarks that are already in use, it offers a clear picture of where the trademark stands, and occasionally it also alerts you to the prospect of trademark infringement lawsuit.

• Filing of an Application

A single application may be submitted for a number of classes, series, or collective trademarks. You must complete form TM-A for this.

• Examination

The examiner checks a trademark application once it has been submitted for any errors. The test might take between twelve and eighteen months. The examiner may accept the trademark unconditionally, with conditions, or with objections.

The trademark is posted in the Trademark Journal if it is accepted without conditions. If not approved without restrictions, the examination report would include the requirements that must be met or the objections that must be addressed, and one month would be granted to do so.

The trademark is registered in the Trademark Journal if the response is accepted. One may ask for a hearing if the feedback is rejected. If the examiner decides during the hearing that the trademark deserves to be registered, publishing in the Trademark Journal follows.

• Publication

The brand name will be published in the Indian trademark registry following the inspection procedure by the Registrar of Trademarks. If there is no objection within 3 months from the publication date. This is unquestionably the most crucial phase of trademark registration. The Registrar of Trademarks will proceed with issuing the Trademark Registration Certificate if there is no resistance.

• Opposition

The Registrar of Trademarks will deliver you a copy of the notice of any opposition if a third party makes it within three months after the trademark's registration in the trademarks journal. Within a certain amount of time, you must submit a counterstatement in response to the opposition notice. You will be given two months to produce the counter statement or the trademark registration will be deemed abandoned and refused.

This phase will not apply to you, however, if there is no objection within 3 months, and your brand name is moving closer to being accepted for the issuing of a Trademark Registration Certificate.

• Hearing of the Opposition

The Registrar of Trademarks will transmit the version of the counter-statement to the 3rd person opposing trademark registration if a third party contests your trademark and you provide your counter-statement within two months.

You & the 3rd person must both provide supporting evidence for your claim. After the filing of the evidence, the Registrar will offer the chance to be heard. The Registrar will issue a decision about the trademark application's acceptance or denial following both parties' hearing and considering the available evidence. Your trademark registration will be issued if the Registrar of Trademarks accepts your application.

• Issuance of the Registration Certificate

If no opposition is raised within the allotted ninety days, the Registrar will acknowledge your trademark application, or your trademark application will be accepted following a trademark opposition hearing and when the Registrar provides the Certificate Of registration with the Trademark Registry seal.

Users can utilise the registered trademark sign (®) next to their brand name as soon as they get their certificate.

Eligibility

Once the trademark is officially registered, the person whose name is included as the applicant on the Trademark Application form will be identified as the trademark's owner. Any person, business, or LLP may file an application for the registering of a certain trademark as an applicant.

Essential Documents for Trademark Registration

An essential technique for preventing trademark infringement & unauthorised use is brand registration. The Indian government has streamlined the trademark registration process. Owners may register their companies as trademarks in a few months. The below-mentioned documentation is the important documents necessary for trademark registration in India:

For LLP/Company

The following documents are required for trademark registration on behalf of a company or LLP:

• Any more application formats, such the TM-A.
• If you're submitting an online trademark application, you'll require a digital signature certificate.
• Soft type logo that is best displayed in black & white. If you wish to trademark a word, you don't require a logo.
• A list of the services and/or products that need to be registered.
• If the mark contains non-English terminology, translating it into English will be necessary.
• The day on which, assuming a Form-48 is signed, the trademark will be used for the first time in India. A Trademark is authorised to submit a trademark registration on behalf of an applicant using Form-48.
• Deed of Partnership, Udyog Aadhaar Registration Certificate, or Certificate of Incorporation is acceptable forms of identification evidence.
• Form-48 (Power Of Attorney)
• MSME (if applicable)
• Utility Bills (not older than two months)

For Sole Proprietorship

The documents needed for trademark registration in the name of a sole proprietorship are the same as that required to do so in an individual's name:

• Form TM-A or any other comparable form
• You must own a trademark-eligible soft copy of the logo,
• If you want to trademark any word, you don't require a logo.
• A list of the products and/or services that need to be registered.
• Have completed and signed Form 48. A Trademark is authorised to submit a trademark registration application on behalf of an applicant using Form-48.
• To identify the person or business, the applicant must provide verification of their residence, name, and nationality.
• A copy of a person's or a company's Aadhaar, PAN, or passport as evidence of address

MSME

The following documents are necessary for MSME trademark registration in India:

• Contact details, address, and identity of the applicant
• Incorporation or partnership certificate
• From the business, evidence of address
• a duplicate logo or trademark that is exact replica of the original.
• Information about the certificate of business Udyog Registration

For Partnership Firms

The following paperwork is necessary for a partnership firm to register a trademark:

• Contains PAN cards, Aadhar cards, & other documents, and KYC for all partners.
• GST: The partnership firm must use the GST if it has registered for it (if applicable).
• LOGO (IF ANY): If a logo is present, please describe it unless a word mark is being registered.
• A service or product that is covered by a trademark is described in a trademark description.
• Power of Attorney (Form-48)
• MSME (if relevant) (if applicable)
• Utility bills (not older than two months)
• Deed of Partnership

Conclusion

The Trademark Act, which was approved in 1999, followed the 1940 establishment of trademark registration. At the moment, the Act's operational or functional entity is the trademark register. Or it may be described as operating concurrently. The trademark registry executes all the laws and rules governing trademarks in India as a working entity.

A trademark is registered by the registry of trademarks after being registered as per the Trademark Act of 1999. Before registering a mark in this procedure, the registration will make sure it complies with all Act requirements.