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.