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A complete protocol of trademark registration in India

Updated: Dec 1, 2020

By K.M.Barathkumar, III year B.B.A.,LL.B.(Hons.), SASTRA University


Introduction

A trademark is a brand or logo which represents your company. It may be a certain name, symbols, devices or words that will be used in connection with a good or service or to differentiate it from other similar goods or services provided by other companies. The purpose of the trademark is to allow companies to indicate their goods or services and to distinguish them from other companies’ goods or services. Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. The trademark for a company is registered under the Trademark Act, 1999.


Functions of Trademark

The Trademark performs the following four functions:

1. It identifies the services or goods and its source.

2. It guarantees the quality of the goods or services.

3. It helps in the advertisement of the services or goods.

4. It creates an image of the product in the minds of the people.


Types of Trademark

1. Word Mark

The Word Mark consists of one or more words, Coca-cola and Pepsi. It can also be a combination of numbers or letters, for example, TVS and 3RT.


2. Logotype/Figurative Mark

Logotype/Figurative Mark consists of a figure or figure combination with one or more words.


3. Three-dimensional Mark

Three-dimensional marks consist of specific shapes for the product or the product’s packing, for example, the specific shape for the perfume bottle or a liqueur bottle.


4. Sound Mark

The Sound Mark is a sound or a melody with a distinct recognition effect. The Sound Mark is also a Trademark and it can be registered. For example, MGM Lion, the logo of the MGM consists of five different lions. The first lion is to roar and it provided the trademarked sound.


5. Motion Mark

The Motion Mark trademark is shifting, changing or moving, for example, animated logotype. The Motion Mark is either a video file or a series of still images that show the motion.

6. Multimedia Mark

The Multimedia Mark consists of a combination of sound and picture. For example, audio-visual file, it shows the combination of sound and picture.


7. Pattern Mark

The Pattern Marks consist of a continuous pattern and it is repeated.


8. Collective Mark

Collective Mark, distinguished the origin of a product or service at a particular geographical region or association.

Protocol to get Trademark


Step 1: Search

The first step to get a Trademark is to check whether your company’s name or logo is similar to the already registered trademark. Trademark agents help you to conduct this search with the trademark officer. The search can be conducted via both online and offline. After the search for a similar trademark, you can further proceed to the next step.


Step 2: Create a Trademark Application

Based on the result of the trademark search, the trademark officer will draft a trademark application. You are supposed to provide your company’s name or logo and it should be unique. If someone already had registered the same name or logo, you should change your company’s name or logo. This step will take 2-3 days, after the registration of the trademark application; you can further proceed to the next step.


Step 3: Trademark registration

To register the trademark, the charges will vary based on the size of the company.

1. For individual/ small enterprises, to register the trademark, the government fee is Rs.4500 and the trademark attorney professional fee is Rs.3500. Thus, the total fee is Rs.8000.

2. Except for individual/ small enterprises, to register the trademark, the government fee is Rs.9000 and the trademark attorney professional fee is Rs.3500. Thus, the total fee is Rs.12500.

Primarily, the trademark officer will check whether the similar name or logo of the company has been taken already and whether the company’s name or logo is unique. If there is no objection, it makes a billboard within the trademark journal. Anybody can convey their objection regarding the company’s name/logo if there is no objection and then your trademark is registered around six months later.


Step 4: Trademark publication

The step of publication is incorporated in the trademark registration procedure; anyone can convey their objection regarding the publication of the trademark. After 3-4 months from publication, no one can claim the objection. After the trademark was published you need to proceed to the next step.


Step 5: Registration certificate

After the completion of the registration and publication of the trademark, the trademark officer will issue a registration certificate under the seal of the trademark office is issued to your company.


Step 6: Trademark Renewal

The trademark of your company should be renewed for every 10 years. Hence, your company’s name/logo can be protected permanently.