What is a Trademark?
Following the Indian Trademarks Act of 1999 (Section 2(zb)), a trademark is a distinctive marker that distinguishes
products or services from competitors in the market. It encompasses various elements such as symbols, designs,
expressions, or any identifiable feature linked to a specific brand. Remarkably, trademarks are open to ownership by
individuals, corporations, or legal entities, making them accessible to a broad spectrum of entities and individuals alike.
Why Should You Register Your Trademark?
Trademark registration in India protects your rights to use the mark in association with your goods or services. It
offers a robust shield against infringement, empowering you to take legal action against unauthorized trademark use.
Upon successful trademark or brand name registration, your trademark remains valid for ten years from the filing
date, with the option to renew it indefinitely.
Who can Apply for Trademark Registration Online?
Trademark registration online in India is open to a wide range of entities and individuals, including:
- Individuals
- Joint owners of a company
- Proprietorship firms
- Partnership firms (with a maximum of ten partners)
- Limited Liability Partnerships (LLPs)
- Indian companies
- Foreign companies
- Trusts
- Societies
This inclusivity ensures that various businesses and entities can safeguard their brand identities through trademark
or brand name registration online.
Types of Trademark Registrations in India
In India, various trademark registration online or brand name registrations cater to different needs and purposes, all
aimed at enabling consumers to recognize products and services associated with specific manufacturers or service
providers. Here, we delve into the distinct categories of trademark registrations available:
Product Mark
This type of trademark is affixed to goods or products, aiding in identifying their origin and preserving a company's
reputation. Trademark applications falling under classes 1-34 are typically classified as product marks as they pertain to tangible commodities.
Service Mark
Similar to a product mark, a service mark is used to identify services rather than physical products. Service marks
primarily help differentiate the providers of certain services from others. Trademark applications falling under classes
35-45 are often regarded as service marks related to service offerings.
Collective Mark
A collective mark conveys specific characteristics of products or services associated with a particular group. It allows
individuals or entities to protect and represent goods and services collectively. The trademark holder may be an
association, a public institution, or a Section 8 corporation.
Certification Mark
The owner issues these marks to indicate information about a product's origin, composition, quality, or other pertinent
data. Certification marks establish product standards and assure consumers that the product meets standardized
quality benchmarks. They are commonly found in packaged goods, toys, and electronics.
Shape Mark
Shape marks are employed to secure the distinct shape of a product, making it easily recognizable to consumers as
originating from a specific manufacturer. Registration is contingent on the shape being deemed distinctive.
Pattern Mark
Pattern marks are used for products featuring unique, designed patterns that serve as distinguishing features. To
qualify for registration, these patterns must stand out as distinctly recognizable.
Sound Mark
Sound marks are distinctive sounds associated with products or services from suppliers. Sound logos, often known
as audio mnemonics, are commonly heard at the beginning or end of commercials. An example in India is the IPL tune.
These diverse categories of trademark registrations like logo trademark registration offer businesses and entities the
flexibility to protect their brand identity following their unique offerings and market presence.
Choosing the Correct Trademark Class
Trademark classes are a critical aspect of the registration process, as they categorize goods and services into 45
distinct classes. To register a trademark, you should carefully select the appropriate class because it determines the
validity of your trademark registration online concerning your business's products or services. If your company
operates across various areas falling into different classes, it's crucial to ensure that you apply for a trademark under all the relevant classes.
In India, some commonly chosen trademark classes to register a trademark include:
- Class 9: Encompassing computer software and electronics
- Class 25: Covering clothing
- Class 35: About business management and advertising
- Class 41: Related to education and entertainment
Trademark search
Before registering the trademark, conducting a comprehensive trademark search is of paramount importance. This
step is critical to safeguard the integrity and exclusivity of your brand. An online trademark search entails furnishing
the brand name and the relevant class for scrutiny. This meticulous search aids in identifying pre-existing trademarks
in the market, enabling the assessment of potential conflicts and, ultimately, ensuring the protection of your brand.
Dsolve provides online trademark search tools and support to facilitate this pivotal process, assisting you in making
informed decisions regarding your trademark or brand name registration.
Required Documents & Details for Online Trademark Registration
To initiate the trademark registration online or brand name registration process in India, you will need to furnish the following initial details:
- Applicant's Name: The name of the individual, company, or entity applying for the trademark registration.
- Business Type: Specify the type of business entity, such as sole proprietorship, partnership, private limited company, etc.
- Business Objectives: Provide a brief description of your business objectives or activities.
- Brand/Logo/Slogan Name: Clearly mention the name, logo, or slogan that you intend to trademark.
- Registration Address: Furnish the official address of the entity applying for the trademark.
In addition to these details, you will be required to submit the following documents to complete the trademark registration online, or even logo trademark registration process:
| Applicant Type |
Required Documents |
| Individuals |
PAN card |
| Aadhar card |
|
| Proprietorship |
GST certificate |
| PAN card |
Incorporation certificate |
| Aadhar card |
| Company |
| Company PAN card |
| MSME Certificate (if applicable) |
|
| Logo (if applicable) |
Partnership deed |
| Partnership Firms |
| Partnership PAN card |
| MSME registration certificate |
|
| Logo (if applicable) |
LLP deed |
| Limited Liability Partnerships (LLPs) |
| Incorporation certificate |
| LLP PAN card |
|
| Logo (if applicable) |
Trust deed |
| Trusts |
| Trust PAN card |
| Logo (if applicable) |
|
Trademark Filing Process in India
After completing the trademark search, the next step is filing the trademark registration application with the Trademark Registrar.
The Vienna Codification Process
The Vienna Classification, also called the Vienna Codification, is an international system that categorizes the
figurative elements of trademarks. After filing the trademark registration application, the Trademark Registrar will
apply the Vienna classification to the trademark's figurative elements.
Trademark Examination
After completing the Vienna Codification, the trademark registration application will be assigned to a Trademark
Registrar's officer. The officer will assess the application for accuracy and generate a trademark examination report.
Based on this report, the officer can accept the application, allow it for trademark journal publication, or raise
objections to the registration process.
In the event of objections, the applicant can address the concerns before the Trademark Officer. If the officer finds
the justifications satisfactory, the trademark will be approved for publication in the Trademark Journal.
Trademark Journal Publication
Once the Trademark Registrar accepts the application, the trademark will be published in the Trademark journal. This
journal, published weekly, contains details of all trademarks the Registrar receives. Members of the public have the
opportunity to raise objections if they believe the trademark registration could harm their interests. If no objections
are submitted within 90 days of publication, the trademark will be registered within 12 weeks.
Trademark Hearing
A Trademark Hearing Officer will schedule a hearing if a third party objects to the application. Both the applicant
and the opposing party have the chance to present their arguments. Based on the hearings and evidence, the
Trademark Hearing Officer will decide whether to accept or reject the brand registration application.
Trademark Registration
In cases where no objections or oppositions are raised, the trademark registration certificate will be prepared and
issued. A trademark is officially considered registered when the Trademark Registration Certificate is issued, granting
the owner exclusive rights to the mark. For example, a logo trademark registration will be approved if it doesn't
receive any objection or opposition.
At this point, the ® symbol can be added to the logo or trademark.
Trademark Objection
Trademark objections are typically one of the initial stages in the trademark registration process. Instead of outright
denial, the Registrar seeks valid reasons or explanations regarding the trademark's registrability.
Trademark Opposition
Trademark opposition occurs when a third party files an objection against registering a trademark. The Registry
accepts oppositions from any natural or legal person, including individuals, businesses, partnership firms, and trusts.
Trademark Renewal
After successfully registering your trademark, it remains valid for ten years from the filing date. To ensure the
continued protection of your trademark, it is imperative to renew it every ten years. This continual renewal of your
brand name registration secures your marks from misuse or exploitation
How Dsolve Can Assist You with Trademark Registration
Online trademark registration in India can be intricate, involving numerous steps and government procedures.
At Dsolve, we simplify this process. Here's a breakdown of how we can assist you:
Trademark Search
Please start the process by providing us with essential information about your desired trademark and industry. Our
experts will thoroughly search the trademark database to determine its availability. Once we identify an available
brand, we move on to the next step.
Class Selection and Document Collection
Our professional experts will guide you in selecting the appropriate class or classes that comprehensively cover all
aspects of your business. Concurrently, you can begin uploading the documents required for the online trademark registration.
Trademark Application Filing
Upon receiving your documents, our expert team will verify their accuracy and completeness. We then complete the
trademark application form on your behalf, ensuring all required documents are submitted correctly. Throughout this
process, we maintain transparency and keep you informed, monitoring notifications from the Trademark Registry
until the trademark or brand name registration is completed.
Trademark Objection (if applicable)
In cases where the trademark examiner raises questions about your application, you may receive a trademark
objection notice. Our experts can aid you in crafting a robust response and submitting the necessary documents and evidence.
We keep you informed about the status of your application and help you navigate any oppositions or hearings. After
successful registration, Dsolve can help with trademark renewal, trademark assignment, licensing, and any other
post-registration services you may require.
Are you ready to protect your brand and secure your trademark in India? Take the initial step in safeguarding your
business identity by obtaining Trademark Registration or logo trademark registration through Dsolve. Brand
registration with the help of Dsolve, you can rest assured that your brand is in capable hands. Don't delay any longer
ensure the validity and exclusivity of your trademark today. Get started with Dsolve and safeguard your valuable
intellectual property rights.
