By trademarking your company's name, you safeguard the brand, its reputation, & your concepts, all of which you have certainly spent a lot of blood, sweat, and tears into developing. And, while the trademarking procedure will take time in all regions, nothing is worse than failing to protect your brand and perhaps facing an infringement action from a larger corporation.

Registry of Trademarks

The trademark registry was founded in 1940, followed by the Trademark Act in 1999. Currently, the trademark register serves as the Act's operational or functional body. It can also be stated to be functioning concurrently. The trademark registry, as a functioning entity, administers all of the laws and regulations of Indian trademark law.

The trademark registry's headquarters are in Mumbai, with branch offices in Delhi, Ahmedabad, Chennai, and Kolkata. When registering a trademark, it is first registered under the Trademark Act of 1999, and then it is registered with the trademark registrar. Before registering a registration mark, the registrar will verify to see if it fits all of the Act's requirements.

Types of Trademark Applications
 

When applying for a trademark, we must select an appropriate registration class. Understanding the different forms of trademark applications in our nation can help you choose a trademark that is better appropriate for your company. The different types of trademark applications are as follows:

Single Trademark Application
 

When we use Form TM-A to file an application for a single class of goods and services, the application is known as a single trademark application. Individual applicants must pay a cost of rupees four thousand five hundred only for e-applications & rupees five thousand only for manual filing. Obtaining a trademark in a certain class is reasonably straightforward and easier.

Multiclass Trademark Application
 

A multiclass trademark application is filed when an applicant desires to register a single trademark in numerous classes. To file a multiclass application, the applicant must complete FORM TM - A. Because users file a single application for multiple classes, this form of the application contains less documentation. For each class, the applicant (person) must pay a cost of Rs.4500/-. As a consequence, if the applicant chooses to file in four different classes, he must pay a cost of Rs. 18,000/-. (Rs.4500 x 4).

However, if the registry discovers an error in any of the classes, the complete trademark application process may be halted. A third party may occasionally oppose one of the classes. If their resistance is successful, the whole application will be refused, even if the trademark is registerable in other classes.

Priority Trademark Application
 

Section 154 of the Trademarks Act allows nationals of convention nations to register trademark applications. Within six months of applying to one of the convention nations, one can file in India. In such cases, the trademark registration should be completed as of the day it was submitted in the convention nation.

To file a priority trademark application for a single class or several classes, we must complete FORM TM - A. This application provides a significant benefit to those pursuing trademark protection in more than one country. It simplifies the time-consuming procedure of filing trademark applications in many countries at the same time. Furthermore, it gives the applicant six months to pick the countries in which to seek trademark protection.

Series Application
 

As the name implies this application allows the applicant to submit many trademarks in a single application using FORM TM - A. It is perfect for markings that are identical or difficult to differentiate from one another.

Furthermore, the marks must relate to the same Nice classification of products or services. Furthermore, a series application cannot be used to register marks that come under the same Nice classification but do not contain the same description. The mark's material particulars should be equivalent. Other non-distinctive aspects, such as colour, size, number, and so on, might change.

Collective Trademark Application
 

Collective trademarks are filed by organisations whose members identify themselves with a specific degree of accuracy, source, quality, or other requirements established by the group. To register a collective trademark application, any organisation needs to submit 3 copies of the FORM TM - A to the trademarks office. The form will include information on the members, those permitted to use the mark, membership rules, and so forth.

This mark is only available to members of the organisation. For example, only members of the Institute of Charted Secretary are permitted to use the mark 'CS.'

Applicants should select a trademark application that best meets their requirements. While registering a trademark under a specific class, one must also keep the future goal of the firm in mind.

Certification Trademark Application
 

This form of trademark denotes that a service or product fulfils specific criteria. If a product or service has a certification trademark, it signifies that the product is manufactured of specified material, manufacturing technique, and origin, and fulfils the certification mark's quality criteria.

In India, notable certifying brands include ISI, Woolmark, and Organic India. To file for certification trademark application under a single class or many classes, utilise FORM TM - A.

Trademark Registration Online Process
 

Search for a unique brand name
 

This is simply the quickest and most effective technique for any beginner to obtain a memorable, fashionable, and intriguing company name. Choosing a weird and offbeat brand name is a sensible choice because most generic names are already in the hands of someone. Furthermore, settling on a name necessitates a rapid research procedure to guarantee that you are not selecting a brand name that is already in use.

Prepare a Trademark Application
 

The following supporting papers must be presented with the application for online trademark registration:

Business Registration Evidence: Based on your registered company (for example, sole proprietorship, etc.), you must produce identity proof of the company's directors as well as address proof. In the instance of a sole proprietorship firm, identification documentation such as a PAN card or an Aadhar card might be presented. In the case of a firm, the address evidence of the company must be presented.

• A trademark soft copy.
• The proposed mark's proof of claim (if applicable) can be utilised in another nation.
• The applicant must sign a power of attorney.

Filing of the Trademark application

The two methods for filing the trademark registration application are manual filing and e-filing (form TM-A). If you select manual filing,' you must personally transport and hand over your application for registration to the Registrar Office of Trade Marks in major Indian cities such as Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. Following that, you must wait at least fifteen to twenty days to get the acknowledgement. In the event of an e-filing system, however, you will obtain your receipt of acknowledgement on the government website immediately.

Verification of the application

Once the trademark registration application is submitted, the Registrar of Trademarks will review it to see if you fulfilled specific requirements and if your brand name fits with current legislation. Furthermore, there must be no likeness or identity with any existing or pending brand for registration.

Publication in Indian Trade Mark Journal
 

The Registrar of Trademarks will publish the brand name in the Indian trade mark journal after the examination. This is perhaps the most significant aspect of trademark registration, and there should be no resistance within three months, or four months in some situations, from the publication date. If there is no resistance, the Registrar of Trademarks will issue a Trademark Registration Certificate.

Opposition
 

Suppose a third party files an objection within three months of the trademark's publication in the trademarks journal. In that case, the Registrar of Trademarks will provide you with a copy of the opposition notice. Within months, one must respond to the opposition notice by filing a counter-statement. If the counter statement is not submitted within two months, the trademark application will be regarded as abandoned and refused.

However, if no objection is filed within three months, this procedure will not apply to you, & the brand name will be accepted for the issuing of a Trademark Registration Certificate.

Hearing on Opposition
 

This approach does not apply to you if there is no trademark opposition.

Suppose a third party contests your trademark and you reply within two months. In that case, the Registrar of Trademarks will send a copy of your reply to the third party opposing trademark registration.

You & the third party must produce evidence in support of your claims. Following the filing of evidence, the Registrar will hold a hearing for you & the 3rd party. The Registrar will allocate an order accepting or rejecting the trademark registration application after hearing both parties & examining the facts. If the Registrar of Trademarks acknowledges your trademark application, he will proceed with the registration procedure.

Trademark Registration Certificate Issuance
 

The Registrar will approve the trademark application if no objection is filed during the specified 90-day period or upon approval of the trademark application following a trademark opposition hearing. You can use the registered trademark sign (®) beside your brand name as soon as you get your certificate.

Status of Trademark Application
 

You will be assigned an allocation number once you have got confirmation of the application's submission. With this allocation number, you may track the status of the application online. This will take time; provided there are no issues with the file, you should find out if your application was granted or refused in 18-24 months. If there is a problem, this may take longer.

Files are prioritised based on the filing date, thus the longer it takes, the higher the importance of the application. Another benefit of filing the trademark application is that even if it is not granted after you have received your allocation number, you may use the TM sign next to your mark.

Validity of Registration
 

The registrar will allocate a trademark registration certificate after your trademark is accepted. This will certify that your trademark has been formally registered and is now safeguarded. The registration will be valid for ten years. After this time, you can do the renewal the trademark. Renewal is possible indefinitely.

Advantages of Trademark Application
 

Statutory Protection
 

Trademarks are regarded as intellectual property after registration and are so protected from infringement. In addition, trademark registration grants the exclusive right to use the trademark in relation to the "Class" of products or services it represents. After you have submitted your trademark application, you can use the symbol "TM" with your items. Only once you have gotten the trademark registration may you use the "R" sign. Furthermore, the TM mark may only be used for the goods and/or services stated in the registration certificate. In the instance of unlawful use of a registered trademark, you can take infringement redress in the country's proper courts.

Differentiation of Product
 

Trademarks is distinct to the services or goods they represent. A trademark allows you to distinguish your goods from the products of your rivals. Furthermore, because trademark registration is applicable for the full class of services or goods represented, it will aid in clearly distinguishing your items. Customers may distinguish items bearing distinct trademarks, resulting in a client base for your product.

Brand Recognition
 

Customers link a product's performance, quality, characteristics, and so on with the firm that manufactures it. They often recognise the goods by their logo, which is a registered trademark. Trademark registration helps your services and goods get brand awareness. It also generates goodwill for the brand. As a result, a brand is recognised and gains market value over time. Brand recognition attracts new clients while keeping existing ones.

Formation of an Asset
 

A commercial enterprise gains an asset by registering a trademark. For accounting & income tax purposes, a trademark is classified as an intangible asset. Trademarks are intellectual property and also have monetary worth in relation to the products they represent. Trademarks can be sold, licenced, assigned, or otherwise financially utilised. You can record the value or cost of trademarks in your books, as well as claim a deduction for depreciation & recognise revenue from them.

Goodwill & Business Valuation
 

Trademarks registered and connected with your goods increase your company's total value, goodwill, and net worth in the industry. Your trademark represents quality assurance, distinguishing aspects of your goods, and the objective of your organisation. Trademarks aid in the expansion of your firm. They aid in the retention of loyal consumers and the protection of your company's goodwill.

Recognition
 

Trademark registration is valid for a time period of ten years from the date of application. Furthermore, the trademark can be renewed indefinitely. If you wish to use the trademark outside of India or extend your business outside of India, you must obtain clearance or register your trademark in the relevant nations. In such circumstances, your Indian trademark registration & business serve as a foundation for obtaining registrations outside of India.

Expansion of Business
 

A trademark creates a link between a company's products and its clients. You may build a consumer base by offering efficient or innovative items. Your trademark assists you in keeping and growing your consumer base. The registration of a trademark grants you exclusive usage rights for ten years & protects your company income. Businesses may capitalise on the benefits of a client base by introducing new items and expanding their operations.

Conclusion
 

In layman's terms, trademarks are special, one-of-a-kind indicators that are used to distinguish services or goods from a certain firm. They can take the form of photos, graphics, signs, or even sentiments. It is significant since it distinguishes your items from the competitors. It might be linked to a brand or product. Trademarks are intellectual property and hence are protected from infringement. The Trademark Act protects trademarks and their rights.                                                                       

To obtain trademark protection, the trademark must be registered. It is essential to register a trademark since it stops others from imitating the mark & misrepresenting other items as yours.