What is Meant by Registered Trademark and How to Get One?

In today's world, there are so many products and services in the market.

Don't you think we need a way to differentiate all these products otherwise, there will be a lot of confusion among the general public.

The solution to this problem is trademark.  

There are two types of trademarks: Registered trademark and Unregistered trademark.

We will discuss both of these in great detail and also tell you the procedure for registering a trademark.

What is a Registered Trademark?
Advantages of a Registered Trademark:
What is an Unregistered Trademark?
Disadvantages of Unregistered Trademark:
Trademark Registration Process Steps:

What is a Registered Trademark?

Registered Trademarks are those that have been registered with the Trademark Registry after completing the entire Trademark Registration Procedure.

In India registration is not mandatory. But, you should always register because it comes with many benefits.

Trademarks in India are registered under the 'Indian Trademark Act, 1999'.

A registered trademark is an asset for your organization.

Advantages of a Registered Trademark:

• No person can use the wordmark or logo which is registered by you in the trademark. However, if someone uses it without your permission, you are given legal protection and you can also sue that person.
• On your logo, you can use the ® symbol which indicates that your trademark is registered and no one else can use it.
• Customers are able to distinguish your product from others in the same category.
• Your company gains more trust and your trademark makes your organization prestigious.
• You can also sell or transfer the rights to use the trademark.
• The cost of registration is low.
• Once you have registered your trademark you just need to pay the maintenance cost and renewal cost that is done after 10 years of registration.

What is an Unregistered Trademark?

An Unregistered Trademark is not registered with the Trademark Registry under the 'Indian Trademark Act, 1999'.

An Unregistered Trademark acts as a barrier for your organization in achieving goals.

Disadvantages of Unregistered Trademark:

• Trademarks that are not registered don't get any protection by any statutory law. But, they are protected by common law in India.
• You don't get any protection against infringement in the common law. Although, you do get the right to sue for passing off.
• What is the meaning of passing off? In simple terms passing off is the act of conducting unfair practices to gain benefits from the goodwill of other businesses.
• You cannot use the ® symbol.

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Trademark Registration Process Steps:

Indian Government has a official website through which you can register your trademark.

The steps for trademark registration are explained below:

Trademark Search

Registering a trademark that has been taken by someone else is of no use.

Hence, you should first check if the name which you have decided is taken by someone else or not.

You should first know under which class your business falls. To find your class use the official 'Indian Trademark Registration Website'.

After learning about the class, search for trademark availability.

Filling the Trademark Application Online

Form TM-A, the registration application form, can be submitted in person at the Trademark Office or online through the official IP India website.

If you wish to submit the documents in person then you have to wait for at least 15 -20 days to receive the receipt of the acknowledgement.

Although if you fill the form online you would immediately get the receipt on the website.

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Examination of the Trademark Application

Your trademark application is then examined by the government authorities.

The authorities will examine your brand name to ensure that it complies with the law and that you have adhered to certain terms.

It takes 30 days for the examination report to be issued by the trademark authority.

If your application gets rejected the objections will be mentioned in the examination report.

You will have 30 days to fulfil those conditions or give evidence for those objections.

Reply to the Examination Report

Once you have replied to all the objections mentioned in the examination report, the trademark authority may appoint a hearing if they are not satisfied by your reply.

After the hearing, the trademark authority may accept your response and proceed with your registration or completely reject your application.

On the other hand, if they are satisfied with your evidence or application they will proceed with your trademark registration process.

Publication and Advertisement of the Trademark

Once the registration application has been approved, the trademark is advertised and published in the Trademark Journal for 4 months.

This is done to invite the general public to file an opposition against your trademark.

If you receive any objection or notice then you need to file the counter-statement application.

In this application, you need to provide all the evidence to get your trademark registered.

Registration Certificate and Renewal

Once your trademark gets published in the Trademark Journal you will be eligible to accept the registration certificate from the authorities.

This certificate needs to be renewed within the time span of 10 years.

Conclusion

As you can see the process for trademark registration in India is simple and straightforward.

Trademarks can positively impact your business. But, still many people don't consider this as important.

It increases your organization's goodwill in no time. You will also get essential rights and trademark protection.

Use this opportunity and take your business to the next level.

FAQs

Is trademark registration mandatory in India?

No, trademark registration is not mandatory in India. Although you should always register as it has a lot of benefits.

After how many years you can renew a trademark?

Trademark can be renewed in the time span of 10 years.

How much time will it take to register a trademark?

After the application and advertisement processes are complete, it takes roughly 6 to 8 months for a trademark to be registered without any objections.

Trademarks in India are registered under which act?

Trademarks in India are registered under the 'Indian Trademark Act, 1999'.

Why trademark registration is important in India?

Trademark registration provides differentiation between different products of similar categories and also assists the brand with its unique identity.

What is a registered trademark symbol in India?

The trademark registration symbol is "®".