TRADEMARK
Trademarks represent distinctive signs used to identify goods or services offered by a particular
company. They encompass designs, symbols, words, or phrases, playing a crucial role in
distinguishing products in the market. Trademarks, considered intellectual property, enjoy legal
protection against infringement under the Trademark Act of 1999.
Registering a trademark is vital as it prevents unauthorized use and misrepresentation of your mark
by others. Well-established trademarks, like Nike's iconic tick or Puma's leaping wildcat, instantly
evoke brand recognition and value.
Unlike patents, trademarks have no fixed expiration period. While patents last for 20 years,
trademark registrations remain valid for 10 years from registration. However, trademarks can be
indefinitely renewed every 10 years, ensuring continuous protection under the law.
Importance of Trademark Registration:
- Legal Protection: Shields against counterfeit and deceptive products.
- Brand Recognition: Simplifies product identification through name or logo.
- Intangible Asset: Creates a transferable, saleable, or franchisable asset.
- Building Trust: Establishes goodwill and trust among customers, fostering brand loyalty.
Filing a Trademark Application in India:
Any individual, company, or Limited Liability Partnership (LLP) may file a trademark application.
The applicant declared in the registration form becomes the trademark owner upon successful
registration.
Documents Required for Trademark Registration in India:
- Applicant's name, address, and nationality.
- Details of goods/services for registration.
- Trade Mark Entity classification (individual, startup, or small enterprise).
- Soft copy of the trademark.
- Use details (date of first use in India or proposed use).
- Power of Attorney signed by the authorized representative.
Types of Trademarks:
- Product Mark: Identifies goods rather than services.
- Service Mark: Identifies services provided.
- Collective Mark: Used collectively by a group of companies.
- Certification Mark: Certifies origin, material, or quality of goods/services.
- Shape Mark: Includes the shape of goods or packaging.
- Pattern Mark: Consists of identifiable patterns.
- Sound Mark: Represents sounds associated with products or services.
Trademark Registration Process in India:
- Trademark Searches
- Trademark Documents Drafting
- Trademark Application Filing
- Examination of Trademark Application
- Publication of Trademark Application
- Trademark Registration
Trademark registration, a critical step in protecting your brand, ensures legal recognition and
exclusivity in the market.