In India, Trademark Registration Is Extremely Important- Learn About It

The Controller General of Patent Design and Trademarks, Ministry of Commerce and Industry, Government of India, regulates the importance of trademark registration in India. In India, trademarks are filed for words, names, logos, numerals, slogans, and devices. The owner of a trademark has an exclusive right to use it. Trademark registration distinguishes the goods from other businesses’ similar products. For the owner, a trademark serves as an intangible asset that protects the brand for a long time. The owner of a trademark has the exclusive right to use such phrases, logos, and slogans.

The Trademark Act of 1999 governs trademark registration in India. The nature of the firm and the activity that they administer determine the several categories of trademark registration. There are 45 classes in total for various products and services. Every trademark that has been registered is kept on file by the Authority. For specific goods and services, a registry is kept. As a result, specifying the class of the product or service to be registered is critical during registration. The trademark is valid for ten years after it is registered. It can, however, be renewed for the next ten years if the application is submitted within the time limit.

What is the significance of registering a trademark?

• It gives legal protection against counterfeit and forged goods.
• Because of the product’s name or emblem, the client may quickly recognize it.
• It provides the owner with an intangible asset that can be transferred, sold, or franchised.
• Because a trademark instils trust and goodwill in the eyes of customers, many customers remain loyal to the product.

What is the paperwork needed to register a trademark?

• Symbols, such as a trademark or a logo, or numbers
• Name, address, type of business, business activity, and the location of the company’s incorporation are all required information for the application.
• Date of first use of the trademark on the product or service that needs to be registered
• Applicant must sign a Power of Attorney.

What is the Process for Registering a Trademark?

1. The most significant step in trademark registration is trademark search. Before filing a trademark application, the agent or applicant should conduct preliminary research using government databases.

2. Filing of a Trademark Application: You can proceed with the application for registration through the Agent/Attorney after the trademark search is positive. The application should be filled out carefully and in the correct format. The cost of filing an application is determined by the class category. If the applicant wants to register the trademark in more than two classes, he or she must pay the costs for each class separately.

3. The Registrar will provide an Application Allotment number to your trademark application once it has been lodged. The status of such a trademark application can be found using an online search tool.

4. Trademark Examination: The application is assigned to a Trademark Registrar Office officer, who examines the application in its entirety and issues a trademark examination report. The application may be accepted or resubmitted for additional clarification. If the applicant is dissatisfied with the Trademark authority’s judgement, he can file an appeal with the Intellectual Property Appellate Board.

The number of trademark registrations in India is increasing as people become more conscious of intellectual property. Infringing on a registered trademark can result in a variety of legal ramifications and liabilities. Infringement can occur when one party uses a trademark that is identical or too similar to a trademark that has previously been registered by another party in relation to a product or service that is identical or similar to the product or service that the registration covers.