A Trademark is the face of any business. It represents the owner in the market. It builds the reputation of the manufacturer or promoter of the product in the market and also protects their interests, now get online trademark registration in in India from Register Trademark Online India Portal. So, it is desirable to have one’s own trademark to protect one’s business interests in the market. Trademark registration in India is not necessary for its legal protection but still it is desirable to get one’s trademarks registered as it becomes easy to protect it’s infringement. Know more on Trademark through register trademark online India portal.
What is Trademark? By Register Trademark Online India Portal
Trademark (TM) is a mark which could be a symbol, sign, design, word, logo, picture etc. or a mixture of any of them.
Symbol or Logo is one of the many effective ways of expressing an identity. It’s very recognizable and easily retain able by memory. In present days this symbol or say, logo, or design is used effectively by several companies to represent their identities. Get detailed info on (TM) symbol by register trademark online India Portal.
For example: – Let’s take a car. We see a logo or symbol in front of the car or in the backside of the car. So, by seeing that symbol, a consumer can recognize the owner of the car and can presume the quality of the manufacturing process owing to the reputation the company has built over the years. Get register logo in India online through register trademark online india portal.
Most companies use their marks on the car through which customers recognise the origin of the car. Same goes with other products also. Apply for trademark online through register trademark online india portal.
Example: – Dairy Milk Silk is another trademark owned by Cadbury.
If you go in any shop and see a chocolate with a name “Dairy Milk”, first thing that comes to mind is this chocolate is made by the company named “Cadbury” and you cam presume the quality would certainly be as offered by “Cadbury”.
But what if the chocolate with the same name “Dairy Milk” is actually manufactured by some other company and quality is substandard. After eating, you get food poisoning. Then you must be thinking that it’s the “Cadbury” product that caused you food poisoning. This way reputation of a company or business can get ruined by someone else by using similar trademarks. And not only the reputation but even market share also gets affected due to this. For Trademark lawyer in India consult to register trademark online india portal.
Same thing can happen with anyone else also. So to protect business, people or company go for making their own trademarks and register it so that they can enforce their legal protection easily. Queries related to trademark registration looking for trademark consultant in India visit Register Trademark Online India Portal.
Know Importance of Trademark Registration in India with Register Trademark Online India Portal
Though it is not legally binding for every owner of a symbol or logo or design (further read collectively as “trademark” in the article) to register it with the Trademark Registration Department, Government of India. But it is advised to do so for many reasons. They are –
- Registration of a trademark is very necessary to avoid it’s misuse by others.
- There can be situations when competitors may use one’s logo to mislead their probable customers. Want to register trademark easily through online consult to register trademark online india portal.
- Or, some other person or company can own someone else’ logo to represent their company. This way they can wrongly avail the benefit of goodwill created by the original owner of the logo.
- In a legal dispute also, the registration of a trademark will be needed to prove original ownership.
The first step in Trademark Registration Process is to verify the authenticity of the trademark that is to be filed for registration by the applicant. It is advised to do so as to avoid the duplicity of a trademark that is to be filed. An applicant can do public search of registered Trademarks.
What are Benefits of Trademark Registration in India by Register Trademark Online India Portal
There are several benefits of owning a registered trademark. It confers an exclusive right over that trademark on the owner. Now, the owner can use the symbol of “R” besides his trademark or brand name whatever has been registered. In order to apply for register trademark online visit to register trademark online India for more information.
Besides the owner or without his permission, no other person can use that trademark. If the owner finds any violation of his rights then has the option to seek legal enforcement of his rights. The owner of the trademark can also claim damages, if any, from the infringing party or can get the injunction issued against the infringing party to stop him from using his mark for trade purposes. Online Trademark registration in India can be done offline as well as online portal such register trademark online India.
Registration of trademark enables the owner to grant rights of his trademark to third party uses and earn royalty from that. For TM registration online in India consult register trademark online india portal.
Even without registration, the owner of trademark can enforce his rights against any infringement under civil law in India. Passing off allows the owner of unregistered trademark to claim damages against infringement.
But still it is advised to get the trademark registered so that it becomes easy to prove the ownership in the court. Having registration also allows the owner to stop any third party from getting the similar or duplicate mark registered by filing opposition to the registrar of trademark office. Get register logo online in india through register trademark online India portal.
Understand the Importance of Trademark Public Search before registration with Register Trademark Online India portal
Before registering a trademark, it is advisable to check whether the trademark one is trying to get registered is not infringing any other trademarks.
If the registrar of trademark office finds any similarity with other trademarks then most probably, he will deny the registration. So before applying one must make sure that the trademark is not similar to or in conflict with other trademarks.
Creating a unique trademark is a cumbersome exercise and even after that if it gets rejected then the whole hard work behind it gets wasted. To avoid this, it is very much desirable to search for any conflict beforehand. This way a unique TM can be created and registration can be granted in first attempt.
Before searching for trademarks, one must know necessary details such as Class details, Vienna code etc.
What is Trademark Class? Know from Register Trademark Online India Portal
Trademarks are registered on goods and services. All the goods and services are classified into 45 categories. Class 1 to 34 are for goods and from class 35 to 45 are for services. This classification is uniform throughout the world.
While registering for a trademark, applicant has to specifically mention under which class he is applying to register his trademark. Even for searching to avoid conflict, one needs to know these classes.
Class details can be searched on the website of www.ipindiaonline.gov.in. On the top itself, an option of “Class Details” is given. Click that to know more.
How to conduct a trademark public search in India? Explained by Register Trademark Online India Portal
The applicant can do the search of trademark database from the website of Controller General of Patents Design & Trademarks, Government of India. Apply for online brand Protection in india, trademark application in India through register trademark online India portal.
Fill in all the details asked on the page and select the “SEARCH” button and all the related trademarks will flash on the screen. A sample of search page is below –
There are three types of search. They are – Wordmark, Vienna Code and Phonetic.
Through Vienna Code –
In the “search type”, select Vienna Code. Fill in the Vienna code and class and then search.
Search by Phonetic –
Fill in minimum three letters that sounds like what you are trying to register. Fill in class details under which the applicant is trying to register his trademark. Then press “Search” and all the trademarks with similar name will appear.
Search by Wordmark –
This one is mostly used type. Search the name of your trademark. Fill in Class details under which applicant is trying to register. Then press “Search”. All the related trademarks under that class will appear.
Wordmark can be searched by three means i.e. –
- Start with – All the trademarks that starts with search letters will appear.
- Contains – Trademarks that contain the same search letters will appear.
- Match with – All the matching trademarks will appear.
Once you(applicant) have verified the authenticity of a trademark and doesn’t find any conflict with others then the Trademark Registration Process starts. Read more on types of trademark search on register trademark online India portal.
Know about Types of Trademark Registration in India by Register Trademark Online India Portal
Trademarks can be registered in India in different forms. They are –
Name or Surname: – The applicant can use his name or surname or even his signature as trademark and the same is registerable in India. Apart from personal name of owner of business, the name of the business can also be used as trademark. Above trademark can be register through register trademark online india portal.
Invented Word: – Any arbitrary dictionary word which can be a word invented from using two other words such as initials of two names joined together or any name which must be distinct from others. Examples: – PanAm, RanBaxy etc.
Devices or Symbol: – Logos which can be a design or art of work, any fancy devices or symbol which may include the brand name or tag line can also be used as trademark and same can be registered also. Obviously, that should be a unique one. Similarity must be avoided at all cost. For online brand registration in India consult to register trademark online india portal.
Letters and Numerals: – A trademark may also consist of a mixture of both; letters and numerals. This will be a creative work or can also be said an invented word. Anyway, this is also a very used way of creating a trademark. Know more about letter and Numerals trademarks on register trademark online India portal.
3-D Mark: – Marks in the form of 3-D design nowadays has become most sought-after form of trademark. Its unique and a work of art that can easily be distinguished from other marks, hence strengthens the originality of the mark. With the advancement of technology, new kind of marks has come into existence and 3-D mark is one of the examples. It is one of the strong form of trademark so registration becomes easy due to it’s uniqueness. Get unique 3-D mark trademark online by online trademark filing in India through register trademark online India portal.
Monograms: – Using monograms as a device logo or symbol is also very popular form of creating a trademark. It is done by interweaving two or more letters into a single logo. It is also a work of art and creates a unique trademark. How to get monograms trademarks online visit register trademark online india.
Combination of colours: – Using a combination of colours to create a unique design is also one of the ways of creating a trademark. But protecting the mark becomes difficult based on colour. There have been several judgments by courts of different countries in which they have set aside the registration of trademark based on only colours. However, still this form is used by several companies to create a trademark. Apply for Combination of colours trademark through register trademark online india portal.
Shape of goods and their packaging: – Unique style of packaging or manufacturing of goods in a unique shape or manufacturing of packaging box in a unique shape are registerable as trademark. A unique style of packaging or shape of goods which are aesthetically pleasing creates a goodwill among consumers and builds a reputation of the company. By seeing the shape of goods, a consumer presumes the origin and owner of the goods and expects a certain amount of quality from the products. Thereby legal protection is very much important in this regard.
Sound Marks: – Sound marks which are unique to a brand and represents the brand can also be registered as TM. For example – Nokia Tune which would play while switching on the old Nokia phones, etc. In the case of sound marks to be registered, it should be capable of graphically representation in terms of musical notes on musical staff. Musical notes ae used to differentiate sound marks and not the aesthetic similarities. Any sound consists of only one or two musical notes are not registerable.
Understanding Trademark Registration Online Process with Register Trademark Online India portal
Filing of application for online trademark through register trademark online India Portal.
- You have to fill in an application form for trademark registration.
- Application form is available online as well as in the office of trademark registrar.
- Details needed –
- Logo or Trademark
- Name of the applicant
- Address of the applicant
- Classification/Class type of Trademark or logo
- Description of goods and/or Service
- Date of creation of trademark or used since.
- Along with application form, applicant is required to pay the fee amount for trademark registration.
- There are only 5 trademark registration departments all over India which receive application for Trademark Registration.
- Apart from that, applicant can also submit the application online through website of Controller General of Patents Design and Trademarks.
- Legal experts can also help you in filing application online. Get legal consultancy from trademark lawyer in India on register trademark Online India portal.
Allotment of Application Number
- Once the applicant file an application for Trademark Registration and paid the fee, an application number will be allotted.
- This number is issued within 2 days of filing for registration.
- It is actually a receipt of your application and at the same time, it is also used to track the status of application in the trademark registration process. Register logo India Online through register trademark online India
- Applicant can track the status online through the website of Controller General of Patents Design & Trademarks here.
- One more benefit of having application number is that applicant or owner of trademark can now put TM symbol beside his logo. However, it will subject to removal in case found in conflict with others or similar to others by the Controller General. For trademark registration in India online visit register trademark online India.
Classification under Vienna Codification
- Next step in the Trademark Registration Process is Vienna Codification of trademarks. The application status will show “Send to Vienna Codification”.
- When any trademark or logo carry figurative elements or artistic work or a work of art, it is necessary to codify that under Vienna Codification.
- Vienna Codification is the result of an international agreement under the Vienna Agreement, 1973.
- Under the agreement, it was decided to integrate the codification process in order to avoid any duplicity or copying or any other infringement.
- It is also useful for the purpose of public search of trademark so one can avoid any duplication.
- This is the next step once Vienna Codification is done.
- Trademark Officer at the Trademark Registrar Office has the responsibility of examining the application.
- Examination is done to check the correctness of application and another discrepancy.
- Apart from that, the trademark officer also verifies the applied trademark with the registered ones to check veracity.
- If found to be correct and authentic then Trademark Officer prepares an examination report.
- In case of any objection from Trademark officer, then applicant has the right to appear before trademark officer and give explanation to any objections.
- If the applicant satisfies the officer with the explanation then he will issue the examination report and application will proceed to the next step i.e. journal publication.
- If the officer is not satisfied with the explanation then the application will cease to proceed for publication. It will be pending until the appeal.
- In this case, the applicant has the right to appeal before the Intellectual Property Appellate Board.
- Trademark journal publication is the next step in that direction. Once the examination report is filed in favour of trademark registration.
- This journal is open to public view.
- Any party who has any objection to the concerned trademark is free to file his objection before the trademark registrar.
- In trademark hearing, official has the responsibility of resolving the matter.
- He will look into the case and hear both the party and examine their evidences.
- Upon proper examination, he has the power to either accept the concerned trademark application or reject it.
- If the application is accepted, then it will remain in the journal and will open to public objection further.
- In case, the application is rejected as a result of objection by another party, the applicant has the right to appeal before the Intellectual Property Appellant Board (IPAB).
- Same right is available to another party also if his objection is withheld.
- Trademark journal is published weekly or biweekly.
- Trademark published in the journal is open to public objection for a period of 90 days or 12 weeks.
- After that, the trademark is sent for final approval.
- Once the objection period is over and no objection has been raised against the concerned trademark or raised but resolved successfully then the trademark application is sent for final approval.
- A trademark registration certificate is issued to the owner or applicant of the trademark.
- This is the final step in Trademark Registration Process.
- This certificate becomes the final legal document that certifies the ownership of the concerned trademark.
- Now, the owner of trademark can put the symbol of ® beside his logo or trademark permanently.
- The owner will have exclusive rights over that trademark from then onwards.
Various techniques of Trademark registration in India – Register Trademark Online India Portal
Getting a trademark registered is not as easy as it sounds. There are several stages of it where it is put under scrutiny and at times also challenged by third party. This may delay the registration processes. Any applicant would never want that. That’s why it is suggested that one hire an expert in the field who knows these techniques to speed up things and get the registration done without delay. Such techniques are –
- Apply for Wordmark Through Register Trademark online India Portal: – An applicant must first try to apply for a trademark under brand name. Brand name is a wordmark and it is easiest way to invent a unique trademark and if the brand name is an invented or coined term, possibility of its conflict with others is very minimum. It speeds up processes in registrar’s office. Any opposition is also very least expected. Coining a new term for brand name which is not in conflict with others may be a tedious process so it is advisable to take experts help in this regard. Another benefit of wordmark is that a brand name is unique one so different from others so can be easily stylised in any form as desired. However, once registered, the protection will be there for only that form for which the registration is granted. Further no modification in the brand name would be legally protected.
- Get Logo as trademark by Register Trademark Online India: – Using logo as the trademark is next best option. Device logo as trademark is used by mostly large corporate and start-ups. When getting a trademark on the basis of word mark becomes difficult or when the brand name is not inventive enough or unique enough, it’s best to create a unique logo which includes the brand name inside it. This way both the brand name and the logo get legal protection at the same time. Creating such logo requires expert help. For online trademark filing in India consult to register trademark online India portal.
- Composite Scheme: – Under this scheme, legal experts use creativity of the highest level in order to get registration of a trademark using brand name, device logo and tagline to create a unique trademark. This one is used when brand name or logo itself do not present strong application to get registration. Get trademark Agent in India via Register Trademark online India portal.
Note: – It is to be noted that when a trademark is obtained using logo and brand name or even tagline into it then it should always be used in the way trademark is granted. Separate use of brand name or the tagline is prohibited. No protection will be given for the separate use of brand name.
Status of trademark explained by Register Trademark Online India portal
People generally search for trademark before making an application for registration and also after it. They do it to find any conflict and also to know the status of their application. So, while searching for a TM, in the details section, different types of status are shown. Every status has a meaning. It tells the viewers the stage at which the application is pending or if it’s registered or not.
Every application when applied for trademark registration goes through rigorous scrutiny at different stages to check for any error or to authenticate its originality. As the whole procedure takes time, the tracking service is provided by the authorities to know the status of any application. Below we have explained the meaning of every trademark status and further action required from the applicant. They are –
TM Status: New Application
The application for registration has been entered into TM database.
TM Status: Send to Vienna Codification
When the trademark is in the form of device logo or artistic work then it is mandatory to assign it a code as per the Vienna Codification. It is done to assign the device logo or any artistic work a distinct identity or in simple words, a name through which one can search for it on the website. For any queries regarding online trademark attorney in India visit Register trademark Online India portal.
Any device logo or artwork is actually a work of art so to identify them with the help of a code becomes easy. A wordmark is easy to identify as it consists of only words so people can simply search for it using those words but that is not the case with logo or artwork.
So, this stage tells that it is being assigned a Vienna code.
Know TM Status: Formalities Check Pass through Register Trademark Online India portal
Here, “Chk” is short for check. The application is thoroughly checked for any error in application. If found, then the applicant is asked to make the correction or required modification so that the application can move forward. The status means that the application has been checked for all filing details and no error is found. The application has moved to the next stage.
TM Status: Marked for exam
At this stage, the application is being examined by trademark examiner to check any similarity or conflict with other trademarks.
TM Status: Exam Report Issued
Upon examination, the examiner issues a report in which he declares his decision after examining. The report could mean two things, either it is ready for journal publication or it needs slight modification/correction before journal publication.
TM Status: Objection
After examination, examiner issues this report when he finds any conflict with other trademarks. The applicant has the right to respond and he can present his case in front of registrar. Based on his response, next course of action will be taken.
TM Status: Refused
This status shows when the response given by applicant regarding objection on his application is not accepted by the registrar. The application for registration is refused by the registrar.
TM Status: Adv before accepted
Here, Adv is short for Advertised. This means the application is advertised before publication in the journal and requires some minor amendments to it.
TM Status: Opposed
It means that the applied trademark has been opposed by a third party. Applicant in this case is required to respond to the allegation to the registrar and present his case. Response to this opposition is necessary to get the application moving, failure to do that will render the application as conflicting as claimed by the third party.
TM Status: Withdrawn
When the application for trademark registration is withdrawn by the applicant himself then this status is shown. The reason for withdrawing the application could be anything; the applicant may have realised that the opposition by third party has merit or the applicant might want to make some modification in the mark to strengthen it.
TM Status: Abandoned
After the opposition by the third party to the trademark, the registrar issue notice to the applicant to respond within a specific time. If the applicant fails to do that then it is assumed that the applicant has abandoned the application and same is notified on the website.
TM Status: Removed
When a registered trademark is challenged by a third party and the owner of that registered trademark fails to convince the registrar of trademark’s originality or the conflict is proved by the third party then the registered trademark is removed from the trademark register.
TM Status: Registered
After passing through all the stages of scrutiny when the application has passed all the test of originality and error, then it is registered and a trademark registration certificate is issued to the owner of the trademark.
It takes anything between 1 to 2 years to get a trademark registered. The process involves various stages and also time-consuming. The applicant is advised to keep tracking their application on the website of IPR India to respond to any concerns which may occur with the application. A delayed response may put the application in jeopardy.
Frequently Asked Questions on Register Trademark Online India Portal
Is it important to consult an expert to get the trademark registered? Can one do it by himself?
Ans. Yes, one can apply for trademark registration by himself. But it is advised to consult an expert because there are a lot of legal technicalities involved in the process and on the top of this checking for any conflict or similarities with other trademarks is a tedious exercise in itself. So a person not having knowledge of these things may commit multiple errors in the application, which will result in either denial of registration or delay in getting registration.
An expert in the field has years of experience in handling these matters. So their help will save precious time of yours and you will get your mark registered in time.
What are different types of trademark application?
Ans. There are different types of TM application which are filed by the applicant depending on the nature of the goods or services. They are –
How much is the government fees for trademark transactions?
Ans. Government fees are different for each class under different TM forms. It is subject to change from time to time. It is best advised to check government websites or contact an expert in the field.
What is the difference between e-filing and physically filing for trademark registration? Is there any extra benefit in e-filing of trademark registration?
Ans. In e-filing of trademark registration, the applicant can the file the application online and there is no need to visit the registrar’s office and all the forms are filled online and necessary documents are also uploaded online. Fees are also paid online using digital methods. This is a more convenient method to apply for TM Registration.
Whereas in offline mode or physically filing for TM Registration, one is required to visit the nearby office of registrar of trademark to avail the necessary forms and fill up the forms and submit it with all the necessary documents in the office. Payment of fees are also done through challan. This method is a little less convenient as the office of registrar is not situated in every city in India.
There is another benefit of filing the application through online methods i.e. reduced fee. To promote the digital method of filing application, the fee has been reduced in comparison to offline method. The difference ranges from Rs. 300/- to Rs. 1000/-.
I have applied for registration of a trademark and it’s been 10 months but I haven’t received the registration certificate. What should I do?
Ans. To get trademark registration on time sometimes becomes very difficult. The whole process is very tardy and the applicant should patience in regard to this. However, meanwhile you should check the status of your application; whether there is any error in the application or any opposition by the third party or objection from the examiner. Whatever be the case, contact your attorney immediately and take necessary action as has been sought. Make any modification or correction if required within the stipulated time, failure to do on time may render your application as abandoned.
After filing the application, can any correction or modification be made in that while the application is pending with the registrar?
Ans. If any error is made in the application, it is pointed out by the authorities at the stage of “Formalities Chk Pass”. The applicant in this case can make the correction. However, as far as modification in the mark is concerned, only up to a certain level, it is allowed. Modification should be done in such a way that it does not change the essence of the mark. The core of the mark should remain intact and only some minor changes can be made.
If the registrar in the case feels that the whole essence of the mark has been changed then he may reject the application and then again, an entirely new application has to be filed if the registration on that particular trademark is sought by the applicant.
Is it possible that a registered trademark can be removed from the trademark register?
Ans. Yes, it is entirely possible. A registered trademark can be removed from the trademark register if any third-party has filed an application in that regard on the ground of similarity with his own trademark or in the said mark is in conflict with his mark. Registrar on assessing the application may issue notice to the owner of the trademark to reply to the opposition. Upon finding the reply by the owner of the said trademark to be not sufficient, he can remove the registered trademark from the register.
Registrar has the power to issue suo moto the notice to remove the registered trademark, if he himself finds any conflict with others or any other grounds.
Which mark is good and strong enough to go for as my trademark?
Ans. Creating a strong trademark is not as easy as it sounds because in the present booming market, a lot of businesses have already registered or applied on various trademarks so much so that it’s very difficult to find a trademark which is available. On the top of this searching for trademark already registered or registered device logo is a very cumbersome process. One has to search in every class the availability of any trademark or to find similar registered or applied trademark so that it can be avoided. This is why it is advised to the common businessman or traders to consult experts who has experience of handling these matters. They know how to do the thorough search quickly and suggest best trademark available in a particular region.
Invented word or a composite mark such as device logo or 3-D mark has the more probability of being unique in the sense that they are a work of art. However, among small business who register under proprietorship, they always go for wordmark as their preferred choice based on their name or surname or brand name. As they are mostly active in local regions, it’s easy to get the trademark registered.
But big corporates or start-ups mostly go for device logo, 3-D logos, monograms etc. As they are active in multiple cities or countries so they require strong trademarks in order to protect their interests.
It also has to be seen that which trademark is easy to get registration. In that regard wordmark is very popular one with small traders or One Person Company (OPC) or proprietorship. Every mark has its own pros and cons.
So, choose accordingly which is good for you. However, our recommendation would be to consult an expert and take their opinion before creating a trademark.