Trademark and its online process of filing

A trademark is a word, phrase or design used to identify your goods and services from those of others. It helps consumers recognize your product as unique. A mark can be any word, name, symbol, or device capable of distinguishing the source of goods. However, a mark’s eligibility for trademark protection may be limited by application of the functionality doctrine and an application may be rejected if it falls within any of the categories listed under Indian Trademark law.

A trademark provides

• Provides legal protection for your brand.
• Identifies the source of your services or goods.
• Helps you guard against counterfeiting and fraud in relation of goods or service.

For example, let’s say your small online clothing business uses a logo as a trademark to identify and distinguish your goods or services from others in the online clothing field. This doesn’t mean you can stop others from using a similar logo for non-clothing related goods or services.

Using the trademark symbols TM, SM, and ® with your brand name

When you use your trademark, you can use a symbol with it. The symbol will let consumers and competitors know that the trademark belongs to you. You can use TM for goods or SM for services even if you haven’t filed an application to register your trademark but it always suggested to file application on IPR portal for use of SM or TM.

Once you register your trademark with SetyourBiz, use an ® with the brand name. You can place it anywhere around the mark, although most trademark owners place it in a superscript or subscript manner to the right of the mark. You can only use the ® symbol with that mark for goods or services listed in the federal registration.

Difference between owning a trademark vs. having a registered trademark

As soon as you start using your trademark with your goods or services, you can begin building rights in that mark. However, those rights are limited to the geographic area in which you’re providing goods or services. If you want stronger, nationwide rights for your trademark, you can apply to register your trademark with us. For example, you use a logo as a trademark for the handmade cloth you sell at a local Indian’s market. As your business grows and you expand online, you might want more protection for your trademark and decide to apply for Indian trademark registry with the Indian Patent and Trademark Office. Registering your trademark means that you create across the nation rights in your business mark. You don’t have to register your trademark. However, if you do register it, you’ll get more protection than if you don’t.

Preparation of Trade Mark Search report before filing application.

Before submitting an application for registration, it is best to do some research on other trademark registrations first. This will make sure that your new trademark doesn’t resemble an already registered one or a prohibited one; likewise, you should conduct a common law search before registering in order to find out if anyone else has been using the same trademark.

Who May Apply for Trade Mark Online?

Section 18 of the Trade Marks Act, 1999 states that, any person who claims to be the proprietor of a trade mark used or proposed to be used can apply for their registration in the prescribed manner. Any person includes but is not limited to individuals and various types of organizations such as businesses, corporations, partnerships, governments and trusts.

Company – A company can make an application for registration of a trade mark in its own corporate name. If the company is incorporated outside India, then the country where it was incorporated and any applicable registrations are to be included in this information.

Partnership Firm – A partnership firm shall file an application in the name of all partners who are registered. If a minor is part of the partnership, they require a guardian who will represent them. An omission of any one’s name from TM-1 (i.e., an application to register a trademark specifying a certain type of product or service) can be corrected as long as supporting documentation is supplied. Any changes made after the registration date cannot alter ownership and such acts would only constitute an amendment; not renewal registration.

Joint Applicant – Section 24 allows for registering two or more people as joint owners of a trade mark if those individuals are involved in goods or services associated with the use of the trade mark. If someone does not have a place of business within India, they must employ an attorney to represent them in order to file for this right. The attorney would then have to perform necessary steps such as conducting research, filing paperwork, and handling other court proceedings related to this process.

Online Filing and Prosecuting Trade Mark Applications TM-1

As per Trade Marks Rules, an application for registration of a trade mark may be made on Prescribed Form with prescribed fee as provided in Schedule -I-of Trade Mark Rules, 2017 at one of the five offices located at Mumbai, Delhi, Kolkata, Chennai and Ahmedabad based on where the applicant resides or has his principal place of business.

In cases where there are multiple applicants listed on an application, the Trade Mark Registrar will process the trademark application according to the first applicant’s principal place of business in India. If there is no available information about a particular company’s principal place of business in India then it is up to that company to decide what the filing location should be, but only if they are physically present within said jurisdiction. In addition, one can now submit electronic patent and trademark applications through IP India Online which also provides an online chat for assistance (www.ipindiaonline.gov.in).

Duration and Renewal of Trade Mark Registration

Trade mark protection in India is perpetual until it expires 10 years later, at which point it can be renewed. The application for renewal needs to be filed 6 months prior to the expiration date of the original trade mark and unlike patents, copyrights or industrial designs; it lasts forever as long as the company using it continually renews its registrations – however if they don’t do so within the allotted time frame (10 years), they risk losing their trademark registration altogether.