A trademark is a graphic emblem. Any indication that helps customers to distinguish one product or service from all the others can be a name, a colour, a word, or anything else.
Trademarks are listed by the Controller General of Patents, Designs, and Trade Marks, which is part of the Ministry of Commerce and Industry. All trademarks are registered under the Trade Marks Act of 1999, which also grants the owner the exclusive authority to litigate when fraud occurs.

The owner's intellectual property and the registered trademarks are said to protect the company's reputation and emblem. For a business, registering a trademark is a must.

The existing registered trademarks cannot be registered again. It is impossible to register obscene, overly generic, or indistinct trademarks, including symbols or words that are legally protected. A trademark renewal application form that is valid for the next 10 years can be readily filed after a trademark registration expires. A trademark can be registered in several states, including LegalRaasta in Delhi, Mumbai, Chennai, etc.

What Can Be Legally Registered as a Trademark?

Name- A person's first or last name, such as the founder's last name, like Tata, might be used as the registered name.

Word- A word shouldn't, like Yahoo, describe the calibre or personality of the products.

Numbers-  A mixture of digits, alphanumeric, letters, numerals or any combination.

Images- Any image or symbol that a company uses to identify itself, such as the tick for Nike.

Who Can Apply for Trademarks?

• Private companies with a track record of success
• People who are launching a firm should ensure they have a distinctive identity.
• Companies like partnerships and public ones, etc.
• Other non-profit organisations and NGOs

How to Complete the Trademark Application?

Step 1: Trademark Search

In order to help clients choose the appropriate design, name, or symbol and ensure that they haven't already been used by someone else or aren't a replica of existing trademarks, the website Online Legal India is frequently utilised.

Step 2: Trademark Application

You will receive an authorization letter to sign and return once you have decided on the desired design or name that would represent your trademark, and the option to use it is open. The signed letters provide attorneys permission to register a political trademark on the client's behalf.

Step 3: Submission of Trademark Application

The lawyers must file the trademark on your behalf after receiving the authorization letter with all the necessary information included in it. The trademark may then be used legally. You will also receive a TM application number from this point on. The only places to file a trademark are at the national trademark department office or online by a licenced attorney.

Step 4: Verification of Trademarks

The verification process starts after the trademark registration is complete. A verified trademark office can only perform the verification. Governmental body. Has the right to protest any time a trademark is copied and used in another trademark. The trademark registrar will only issue an advertisement in trademark journals if no one objects to the chosen trademark. There will be a four-month waiting period before any party may submit an opposition. The trademark is registered in the following six months. You will receive all the required updates, even if this process takes time. A surcharge is applied if any concerns are voiced.

Step 5: Hearing Before the Registrar

Whenever any opponent files an objection and is dissatisfied with your responses. The registrar is the subject of a hearing session. Attorneys are appointed for the same, but they charge more to represent you.

When a trademark is registered, and its status is "objected," it means that the relevant body has received many objections to the trademark, which may be for various reasons, including:

• It can be the result of a trademark that already exists being copied or duplicated.
• The brand is considered offensive.
• Or numerous additional justifications for the opposition.

These protests are made in accordance with sections 9 and 11. Authorities object when they see the same brand and the already-existing trademark is comparable to services or goods, in accordance with section 11. When this occurs, the individual must provide pertinent documentation within the allotted period in order to assist him in overcoming the concern voiced.

In accordance with Section 9, objections are made when the trademark authority determines that the trademark is descriptive of products because it is alleged that doing so is against the law.

Advantages of Trademark Registration

It's a fantastic business opportunity because a product or service associated with a registered trademark helps the brand establish its reputation for quality, safety, and customer confidence. Compared to other products in the same line, it offers the brand a distinctive personality.

Trademark filing internationally: 

Once a trademark is registered and recorded in India, it is possible to file it internationally in other jurisdictions. In India, trademark filing and registration are open to foreigners as well.

Protection from infringement: 

Registering a trademark helps to ensure that it isn't being used unethically by another company. When a trademark is being used without the owner's consent and is so registered, the owner is entitled to pursue legal action against the individual or business using the trademark.

Necessary Documents for Registration of a Trademark

The owner writes a letter of authorization authorising them to submit the registration application on their behalf even before the paperwork is prepared. When applying online, document preparation starts after the authorisation process is finished. After that, the application is approved, and the owner is given permission to use the TM number legally.

The required documentation is: 

• Proof of address and PAN Card
• proof of submission
• Registration certificate
• Affidavit of use
• Logo and brand name
• Proof of using™
• Startup identification
• Form signed by™

Trademark Renewal

The registration application is only valid for a period of ten years before it expires. The owner must request a trademark renewal after ten years. To ensure a smooth process without any danger of lawsuit, the trademark renewal should be filed before the expiration.

Renewal Process

Application for renewal is submitted using form 12. It may be carried out by the owner or a fully authorised agent of the owner's choosing. The trademark is properly secured if a professional is used to assist with the renewal application. To keep the reputation of the brand intact, the protection's reach might need to be expanded.

Form 12 is where the renewal application is found. Either an owner or an agent who the owner has properly approved must sign the application. One must take the services of a specialist to guarantee that the symbol of the trademark is adequately safeguarded to keep the brand and goodwill that the trademark has already established.

The protection of a trademark is increased when it is renewed, and it must be renewed again after ten years. Thanks to technology, trademark registration may now be completed quickly and conveniently online. Without going to the registrar, one can register a trademark online with the aid of a licenced trademark attorney.

Conclusion 

Trademarks aid in free competition by preserving a company's reputation and giving it a distinctive identity. We have discussed the various stages involved in trademark registration, the various sorts of legal recourse available in trademark infringement cases, and the various things that can be used as trademarks and thus registered. In a nutshell, we now know who registers trademarks and what paperwork is needed to file a trademark application. One should be aware of how crucial yet beneficial trademark registration may be and register their brand as soon as possible.