> Trademark

Trademark

What is a Trademark?

A trademark is a visual symbol—such as a name, logo, label, word, numeral, or sound—that identifies and distinguishes the goods or services of a business from those of others. It serves as a brand identity and a valuable intangible asset for the business. Trademarks are governed by the Trademark Act, 1999 and registered through the Controller General of Patents, Designs, and Trademarks, under the Ministry of Commerce & Industry, Government of India.

Key Highlights

  • ™ symbol is allotted within 3 to 7 days of application.

  • ® symbol can be used after final registration, which may take up to 2 years.

  • Offensive, deceptive, or non-distinctive marks are not eligible for registration.

  • Identical or similar trademarks to existing registered ones cannot be accepted.

Benefits of Trademark Registration

  • Provides legal protection against misuse or infringement
  • Creates brand recognition and goodwill
  • Builds a unique market identity
  • Offers exclusive usage rights
  • Can be licensed or franchised to earn royalties
  • Becomes a business asset that adds commercial value

Who Can Apply?

  • Individual (recommended)

  • Company

  • Proprietor

  • Society

Applying as an individual avoids the risk of trademark invalidation due to organizational changes like dissolution or name change.

What Can Be Trademarked?

  • Names – Personal or business names
  • Words – Non-descriptive words (e.g., Yahoo)
  • Numbers – Alphanumeric symbols or combinations
  • Logos / Images – Visual symbols, monograms, 3D shapes
  • Sounds – Distinctive audio cues (e.g., Vodafone jingle)

Required Documents

  • Identity Proof (for individuals)
  • Company Incorporation Documents (for entities)

Registration Process

1. Application Filing: Submit Form TM-A for one or multiple classes.

2. Initial Scrutiny: Registrar checks for conflicts with existing trademarks.

3. Objection (if any): Applicant responds to any objections or clarifications.

4. Publication: If accepted, the trademark is advertised in the Trade Marks Journal.

5. Opposition Period: Other parties may oppose the mark within 4 months.

6. Final Registration: If no opposition is received or successfully defended, the trademark is registered.