Trademark

The trademark registry was established in 1940 then came the Trademark Act which was passed in 1999. Currently, the trademark registry works as the operation or functional body of the Act. Or it can also be said to be working side by side. As a functioning body, the trademark registry implements all the rules and regulations of the trademark law in India.

The Head Office of the trademark registry is in Mumbai and it has branch offices in Delhi, Ahmedabad, Chennai and Kolkata. When registering a trademark, is registered under the Trademark Act, of 1999 and then the registry of trademarks registers it. In this process, the registry will check whether the registering mark meets all the conditions of the Act before registering it.

Building a brand takes a lot of time, effort and capital.  As a result, it's necessary to ensure that you possess the right to use your brand's logo, tagline, product shape and packaging, sound, fragrance, colour combinations, and anything else that gives it a distinct identity. Trademark is a type of intellectual property which differentiates your product or services from other competitors in the market.

In India, the Trademark Act, of 1999 permits you to register a trademark. It allows for exclusive ownership rights and prohibits others from using the mark, favouring the registered mark's owner.

Once a trademark is registered, the "TM" symbol can be used with the applicant and the brand. To protect the brand name, trademark registration in India is essential. It is typically best to seek trademark registration under the supervision of a professional, as the process entails several steps and needs constant government follow-up.

Eligibility for Trademark Registration

Trademark registrations are prevalently used to protect unique brands, slogans, or invented terms. Individuals, corporations, and non-profit organizations can all file for trademark registration in India. However, each class of person or entity has its own set of requirements when it comes to filing a trademark application. In India, the following are eligible for trademark registration.

- An individual (Person)  
An individual who is not doing any business can also obtain a trademark application and obtain trademark registration for a symbol or word that is proposed to be used by the applicant in the future.

- Joint Owners  
The Joint owners of a company together can file for a trademark and both their names must be mentioned in the application.

- Proprietorship Firm  
A proprietorship firm may file a trademark application under its proprietor's name but not under the business and proprietorship names. If you include a proprietorship name and a business name in your application, those details will be considered separately.

- Partnership Firm  
A partnership company must include all the names of the partners in the application while registering for a trademark, with a maximum of ten members. If a minor partner is present, the name of the minor's guardian representing him must be mentioned.

- Limited Liability Partnership/LLP  
In the case of the Limited Liability Partnership, the application should be in the name of the LLP. It is an incorporated body where the partners have their own identity. The partners cannot be the applicant as the trademark belongs to the LLP.

- Indian Company  
Any Indian company, regardless of weather a private limited, limited, or any other form, must file a trademark application in the company's name. It should be noted that any incorporated entity has its own identity, so a company's director cannot be a trademark applicant.

- Foreign Company  
If a foreign incorporated entity applies for a trademark in India, the application must be made in the corporate name as it is registered in the foreign country. The nature of the registration, the country, and the law should all be mentioned here.

- Trust or Society  
If a trademark application is filed on behalf of a trust or society, the managing trustee, chairman, or secretary who is representing the trust or society must be named.

Documents required to register a Trademark online  
 

- Incorporation Certificate   
If the trademark is registered under a company or LLP.  
 

- Partnership Deed   
If the trademark is registered under a partnership firm.  
 

- PAN Cardof the authorized signatory.  
 

- Aadhaar Card of the authorized signatory.  
 

- Form TM-48 Signed  
The TM-48 is a legal document that permits your attorney to submit your trademark to the trademark registry on your behalf. Our professionals will prepare the papers for signature.  
 

- Logo   
Please do not upload the logo in black and white to ensure all colours of the trademark are covered under the registration.