Designing a unique mark is difficult, but everybody wants to create a unique and eye-catching product or provide services which can be easily distinguished from others for this protection of trademark has become essential in the present times.

Team Law Community
January 6, 2021

Trademarks are one of the most crucial parts of intellectual property. A trademark is defined by the World Intellectual Property Organization (WIPO) as a sign which is capable of distinctly distinguishing the goods or services of one individual or enterprise from those of other individuals or enterprises." A trademark is a specific name, emblem, icon, design, image, expression, or a combination of all these elements. It exclusively identifies a product as belonging to an enterprise, and it also recognizes the company's ownership of the brand. It may or may not be registered. Trademarks also never expire as long as they are in use.  

Even though registration of a trademark is not necessary, Trademarks should be registered to restrain anyone from misusing it. A bundle of exclusive rights is offered to the owner of a registered trademark as he can claim exclusive use of the unique mark concerning his products, and can enforce his rights against anyone from doing so.  A trademark requires a step by step process to get registered. It comprises of six steps as follows:

  • Search for a unique name and trendy brand name, because for it to be a trademark, it must stand out from the usual brand names of others. One must make sure that the chosen brand name should not be in existence or in use anywhere else. It can be a combination of elements as discussed earlier or could be an invention of a unique brand name of the company. 
  • After the unique brand name of the company has been finalized, apply for the trademark application. The cost of the application is INR 3500 and is a one-time fee. Along with the application, certain supporting documents are also required such as a document concerning business registration depending on what type of a registered business it is, proof of identity and proof of address of the directors the company will be required to be produced. An image of the logo of the company of a regular size 9x5 cm. If applicable, the proof of claim of the said trademark being used first in another country. 
  • In this step, the brand name registration application is filed. There are two methods of registration: manual filing or e-filing. In case you choose manual filing then, you are required to visit the authorized person and submit the application for registration to any trademark office located in the nearest city. For e-filing, the application doesn't take time to get acknowledged; it gets acknowledged immediately. After getting acknowledged, the trademark symbol can be used next to the brand name. 
  • After the application gets acknowledged the registrar checks the brand name registration application. It is his duty to check whether the brand name complies with the law or if there are any conflicts with other existing registered brands or with the pending ones. 
  • Once the examination is done, the next step is to get the logo or the brand name published in the Indian Trade Marks Journal.  If no conflict arises within three days from the date of publication or a few days up to 90 days, the brand name proceeds further for acceptance. 
  •  If no objection arises, the registrar accepts the trademark application within 90 days and issues a certificate of registration under the seal of trademark registry. At this stage registration of the trademark is completed and the symbol for that can be used next to the brand name.    

This entire process of registration of trademarks takes about 15-18 months to complete. The trademark once accepted, shall be valid for ten years from the date of issues of the certificate of registration. It shall be renewed after the expiration of 10 years. Any person can obtain a trademark, the legal requirements which exist under the legislation to register a trademark are that the selected mark must be capable of being represented in the paper form, and it must be distinct from the goods and services of one enterprise from those of the others. Trademarks establish a connection between a consumer and the products of an enterprise as the products will be unique and efficient and thereby, create a consumer base. The party who holds the right to a certain trademark can sue anytime there is an infringement of their rights.  

Intellectual property is a product of the productive and creative mind. Trademarks are an important aspect of intellectual property. It can be traded, sold, given and received. Designing a unique mark is difficult, but everybody wants to create a unique and eye-catching product or provide services which can be easily distinguished from others for this protection of trademark has become essential in the present times. It promotes innovation through preventive initiatives.