What is Trademark Infringement
Trademark registration is the process of registering a trademark with the government to protect it from being used
without permission. A trademark is a identifiable symbol or expression which identifies a source's products or services
from those of others. Trademark registration in India is governed by the Trademarks Act 1999 and is administered by
the Controller General of Patents, Designs, and Trademarks.
Trademark registration is an important part of protecting a business’s intellectual property. It helps to prevent others
from using a similar or identical trademark without permission. The registration process also serves to notify the
public that a business owns a particular trademark, which can help deter infringement.
Benefits of Trademark Registration Certificate
A trademark registration certificate is a powerful tool for brand protection and helps avoid future costly disputes. It
also offers a variety of benefits, such as exclusive rights to use the trademark, the ability to file a suit for trademark
infringement and statutory damages for trademark infringement. Furthermore, it allows for a broader scope of
protection for the trademark, including foreign countries.
Protection of Unique Brand Name
Registering a trademark provides you with exclusive rights to use the mark on goods and services in the class it is
registered. This means that no other person or entity can use the same mark or any confusingly similar mark on
similar goods and services. This provides strong legal protection for the uniqueness of your brand name or logo.
Prevent Unauthorized Use
Once the trademark is registered, it can be used to prevent any third party from using it without authorization. This
is especially important when someone tries to pass off their goods or services as those of the registered trademark
owner. In such cases, the trademark owner can take legal action against the infringer and protect their rights.
Ability to License and Franchise
One of the significant benefits of registering a trademark is that it allows the trademark owner to license and franchise
their mark to third parties. This means the trademark owner can enter into commercial agreements with other parties,
allowing them to use the mark in return for payment. It is a great way to monetize the trademark and grow the business.
Increased Brand Value
A registered trademark can help increase the value of a brand. This is because it gives the brand a unique identity and
makes it easier for customers to identify the brand and its products and services. This can help increase the brand’s
recognition and create a loyal customer base.
Increased Investment Opportunities
A registered trademark can be used as an asset to attract investors. This is because investors are more likely to invest
in a business with a registered trademark, indicating that the company has taken steps to protect its intellectual property.
Protection in Foreign Markets
A trademark registration in India can also be used to protect the brand in foreign markets. This is because the
registration provides exclusive rights to use the mark in India, which can be used as a basis for seeking protection in foreign countries.
How to Obtain a Trademark Registration Certificate
Obtaining a Trademark Registration Certificate is an important step in protecting your brand or product. It gives legal
recognition to your mark and serves as irrefutable proof of ownership. It serves as a deterrent to potential infringers,
as it serves as an official notice that your mark is a registered trademark. Additionally, registering your trademark
gives you the exclusive right to use the trademark throughout India. This makes it easier to enforce your rights if
someone attempts to use a similar mark without your permission.
Selection of Trademark
The first step in obtaining a trademark registration certificate in India is to select the trademark. The trademark should
be unique, distinctive, and capable of recognising the goods or services of one person from those of another.
Trademark Application
The next step is to file an application with the Trade Marks Registry in India. The application must be filed online
and should include the following:
- The name and address of the applicant.
- Details of the trademark.
- The goods and/or services to which the trademark applies.
- The class or classes of goods and/or services in which the trademark is to be registered.
Examination of Trademark
Once the application is filed, it is examined by the Trade Marks Registry. During this examination, the registry will
determine whether the trademark is eligible for registration and verify that it is not identical or deceptively similar to
any existing trademark.
Publication of Trademark
If the examination is successful, the trademark will be published in the trademark journal. This will allow any third
parties who may have objections to the registration to file their objections
Response to Objections
If any objections are raised, the applicant will have to respond to them. The applicant may also have to provide
additional evidence in support of the application.
Grant of Trademark Registration
If the objections are addressed and the application is deemed eligible for registration, the Trade Marks Registry will
grant and issue the trademark registration certificate.
Renewing a Trademark Registration Certificate
Renewing a trademark registration certificate ensures that the protection of the brand or logo is maintained. Without
the renewal of the certificate, the brand or logo can become vulnerable to infringement and may result in a loss of
exclusive rights and legal action. When the certificate is renewed, it extends the duration of the registered trademark
and provides additional legal protection. This is especially important if the brand or logo is widely used and
recognized by the public. Renewing a trademark registration certificate is an important step in preserving the brand’s
or logo’s value and preventing any potential issues from arising.
Determine the Renewal Period
Trademark registration in India is valid for 10 years from the registration date. Trademark owners need to renew their
registration before the expiration of the 10 years to continue enjoying the benefits of trademark registration.
Prepare Renewal Application
Trademark owners must file a renewal application before the expiration date of the 10 years. The renewal application
must be filed with the Trademark Registrar or the Intellectual Property Office of India (IPO).
Submit Necessary Documents
Trademark owners should submit the following documents along with the renewal application:
- Copy of the existing registration certificate
- Affidavit of use of the trademark
- A power of attorney
- Copy of the trademark registration certificate from the Trademark Office
- Payment of the renewal fee
Receive Acknowledgement
Upon receipt of the renewal application, the Trademark Registry will send an acknowledgement to the trademark owner.
Review of the Renewal Application
Following the renewal application submission, the Trademark Registry will review the application and check for any discrepancies.
Issue of Renewal Certificate
After the Trademark Registry has approved the renewal application, a new registration certificate will be issued. The
new registration certificate will have the updated expiration date and will be valid for 10 years from the renewal date.
Publication of Renewal Certificate
The renewed registration certificate will also be published in the Trademarks Journal.
How Dsolve can help you get Trademark Registration Certificate
Dsolve can help customers with trademark registration certificate by providing them with up-to-date information
about the process and the necessary documents that need to be submitted. Our team of experts guide our customers
through each step of the registration process and ensures they clearly understand what is required. Our experts can
review documents, provide feedback on any potential issues, and help resolve any conflicts that may arise.
Additionally, we can help customers to understand the implications of registering a trademark and the potential legal
problems that may occur.
We also provide comprehensive services to help ensure that customers have a successful trademark registration. Our
team can help customers to create an effective trademark that meets all the criteria set by the Indian Trademark Office,
and we can provide advice on how to protect their trademark from infringement. Once the application is complete,
our team will ensure that the application to ensure it is complete and accurate and will provide any necessary guidance to the customer.
At Dsolve, we understand the importance of having a secure, reliable trademark registration and are committed to
helping our customers to achieve this goal. We strive to provide the best customer service and guidance to ensure our
customers can register their trademarks without hassle.
