Trademark Registration Certificate: Benefits and Process

The trademark registration certificate is asset that safeguards your brand. It serves as proof that the trademark registration certificate is brand’s legal identity. It is proof of ownership and exclusive rights to your trademark.

Whether you are a startup, MSME, or established business owner, a trademark registration certificate is your shield to protect the goodwill of your brand. This guide will be your best friend to teach you everything about trademark registration from scratch. Let’s explore more about it together!

What do we mean by Trademark Registration?

If you are thinking about getting a trademark registration certificate, you need to hear this first. A trademark registration certificate is an official document issued by the Trademark Registry after successful registration of a trademark in India under the Trademarks Act 1999. As the name appeals to you, ‘trade’ means ‘business’ and ‘registration’ means giving it a legal identity. A trademark can be anything, starting from words, designs, logos, sounds, symbols, or even colours: a trademark registration certificate legally confirms the exclusive rights to use it for your specified goods or services.

Sounds interesting, right? Let’s dive deep into this.

Who needs a trademark registration certificate?

• Startups and MSMEs: Are you a small business owner? Are you thinking that having less recognition makes it less risky for you? Absolutely not. Small businesses can suffer big losses when the brand name is copied.
• E-commerce sellers: Hello, sellers! Are you planning to step into the world of e-commerce? Do you have a specific platform in mind like Nyakaa, Filpkart, Myntra or Amazon? Let me tell you trademark registration is not strictly mandatory to start selling on all platforms (except Myntra), but it is essential for long-term brand protection and benefits. Sometimes with a TM mark your brand is accepted. But for the listing R mark or trademark registration mark is needed, or it will create a confusion in the vast sea of products. So, what are you waiting for? Do it now and see the magic of e-commerce in your growth.  

• Partnership Firms: If you are a partnership firm and thinking whether you can file for a trademark registration or not: yes, you can. In that case a partnership firm can apply for and own a trademark in India. The application may be filed in the name of the partnership firm itself, while the names of all partners are disclosed separately. It is not mandatory for the trademark to be registered in the individual names of the partners.
• Hindu Undivided Families: Do your family own a business? Are you planning to apply for trademark registration? thinking whether at all an undivided family business can be trademark register or not? The answer to all your questions is yes. A Hindu Undivided Family (HUF) can apply for and own a trademark in India. Although a HUF is not a separate legal entity like a company, it is recognized as a “person” under the Trade Marks Act, 1999, and is capable of holding intellectual property. The trademark application must be filed in the name of the HUF and represented through its Karta, whose details are mandatorily required. Other coparceners may be disclosed where necessary. Once registered, the trademark becomes the property of the HUF and helps protect the family business’s brand name, logo, and goodwill, thereby creating a valuable family-owned intellectual asset.
• Franchise and Licensing: To make your business bigger, expanding is important. Hence, a trademark registration helps to gain trust and get partnerships.

Why would you register a Business Trademark?

Registering the business trademark and obtaining a trademark registration helps in several ways. The list below mentions some key areas.

• Exclusive rights for usage: One of the key benefits of a trademark registration certificate is that it grants exclusive right of an individual over a trademark. A trademark owner has the right to apply for the same for all the goods and products falling under the same classes. It further gives you the right to seek assistance from legal counsel against third parties that are using the identical marks.
• Goodwill Building: Whether you are a business owner or not, you still understand the importance of goodwill for operating a business. The goodwill of the brand is enhanced when it becomes popular among customers.

 A trademark registration helps you to become popular among customers. Your regular loyal customer base helps in increasing revenue. Through a valid trademark registration certificate, you can also get funds when you require them.

• Difference of products and services: A trademark and trademark registration certificate for your business makes it easy for customers to differentiate between the good and bad quality products.

A trademark registration is beneficial for commercialising the products quickly, as per market requirements. Hence, the trademark is your brand identity that will speak for itself.

• Asset Creation: Your brand or business is not just your career, but more like a child to you. Hence, protecting its identity from the impostors is very, very important. The trademark registration helps to protect the intellectual property of your brand.

The trademark registration is not just a necessary process for businesses, but an asset that will give you 10 years validity and renewable indefinitely upon payment of fees.

The process of Trademark Registration

If you have read so far and are wondering how you would start the process for trademark registration, here are some easy steps that you can follow:

1. Choose a trademark for your business: This is the first step of trademark registration. You must choose a unique and distinctive mark that represents your business. Specifically, there are 45 classifications of goods and services. Among these, 1 to 34 are for goods and classes 35 to 45 are for services.  For example, if you are a business owner of beauty and cosmetics, you have to register under class 3.
2. Search for the Mark: Next, you have to search for the mark on the official website of the Controller General of Patents, Designs and Trademarks. You must remember that doing a public search will help you to understand whether your chosen trademark is already a registered trademark in your class. For instance, if you are a business of beauty and cosmetics, which is from class 3, using a symbol of ‘mirror’ and another brand using the symbol of ‘mirror’, but it is a jewellery brand that belongs to class 14, they can’t raise opposition against it. The similar symbol in the trademark class of 3 can’t be registered. Even in different classes, well-known trademarks or marks with reputation can still oppose if confusion or dilution is likely.
3. File the application: Once your search processes completed, you can file for a trademark registration. For this, you can reach out to an advocate or to those who is a trademark agent. Besides this, you can yourself file for trademark registration. For Individual, Proprietorship and MSME certificate holders must pay the government fees Rs- 4500/- [for e-filing], rest must may the government fees Rs- 9000/-.
4. Examination in the trademark office: Once your form is submitted, the trademark office checks the application to ensure it is aligned with legal compliance. If they find no issues, your application will go further. If the legal counsel raises a concern or if there is a trademark objection, you have to reply to it within 30 days of receiving it.
5. Trademark publication: Once your application is approved, the trademark is published in the trademark journal. It is open for the next four months. If any trademark opposition is raised, you have to respond to it within 2 months of receiving it. Once the four-month period is over, no one can raise an opposition against your trademark.

What happens when you don’t register your trademark?

I know what you are probably thinking. Many businesses exist which are not trademarked, but still, they are earning well from their business. So what if I don’t look for trademark registration? Here is why you should get a trademark registration if you are a business owner:

• You might lose your brand to third party personnel
• The loss of goodwill and exclusivity will lead to the financial loss of your business
• You will face difficulties in gathering funds and investments
• You will never find a loyal consumer base due to the lack of trust

Documents you need for getting a Trademark Registration

• The Logo or copy of your trademark
• Form 48 [if applicable], TM-A form
• Identity proof, if you are a solo owner of your business
• Address proof
• GST certificate (if applicable)
• Company incorporation certificate (if applicable)
• LLP deed (if applicable)
• Partnership deed (if applicable)
• MSME certificate (if applicable)
• User affidavit (if applicable)

Final thoughts

As you have explored this comprehensive guide, you have understood the importance of having a Trademark registration for your business. It gives you an overall authority over your brand, while enhancing trust and goodwill. If you need any assistance, contact with Online Legal India today.

FAQs

1. Are ™ and ® the same in Trademark registration?

No, ™ and ® are not the same in trademark registration. You can use ™ to indicate that your trademark registration is in process. You can use the ® symbol only when you are given your trademark registration certificate.

2. Is my trademark registration certificate valid worldwide?

No, you can obtain this trademark registration in India if you are an Indian citizen.  Your business is registered in India, and the trademark registration you get can be used in this country only.

3. Is my Trademark registration valid for a lifetime?

Unfortunately, your trademark registration certificate is valid for 10 years, you have to renew them after 10 years.

4. Does a trademark registration assure my brand of goodwill?

Yes, having a trademark registration will definitely add some value to your business. It will help increase your goodwill and trust among the consumers.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.