Trademark Registration in India

What is a Trademark?

Trademarks are the brand name of all business organizations. It represents the Product, Service or Business. The brand name must be unique and original. It cannot be copied or be similar to any existing name. The brand name or logo is the identity of any business and it is very important to protect it from misuse. The well-known brands are “Starbucks”, “Apple”, “BMW”, “ITC”, etc. All are registered under the Indian Trademark Act. Trademark Registration is a type of protection that the government provides to the brand name.

What are the Advantages of Trademark Registration?

Trademark Registration provides the protection of the brand name from another person so that they cannot copy it and no one can misuse it. The brand name is very important, as it is an important asset for any business organization. The registered and well-known trademark always increases the value of the product. Once registered under the Indian Trademark Act 1997, it protects the trademark name against unauthorized use, which means that no one can use the trademark without authorization.

How much time does to get the Trademark Registered?

The applicants can apply for brand name registration anytime whenever they need it. After filing the application with the trademark department, the trademark registrar will review this application and check whether this name should be assigned or not. If the applied trademark is similar or identical to the existing or applied trademark, the registrar will object to it. However, if the registrar is satisfied with the request, it will be accepted and published on the official website. If no objection from the third party, it will issue a certificate for the trademark, symbolizing that the brand name is registered. Once the trademark is registered, the applicant can use® after the brand name and during the application process, the applicant can use TM over the brand name, which represents that the application is being processed. Once the trademark name is registered, it is valid for 10 years and after that period, the applicant must be filing trademark renewal. If someone does not renew their trademark, it will be removed from the registrar database.

Who can apply for Trademark Registration?

Anyone can apply for trademark registration. The person means an individual, a company (including a private limited, public limited or one person company), a HUF, a company, a trust or another person. Everyone has the right to protect the brand name, so under trademark law, everyone has the right to file an application for trademark protection.

Can the Registrar Reject a Trademark Application?

The registrar has the right to approve or reject the application. If the registrar thinks it appropriate to cancel the application, the registrar may refuse the request. There is a specific reason why the registrar may deny the application, and these are:

1. Any prohibited word used as the brand name
2. Any abusive word used
3. Any word used which is prohibited under the National Emblem act
4. The mark is similar or identical to the existing mark or applied mark.
5. Many other grounds.