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

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

A Trademark might be a symbol, letter, logo, etc. 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: 1) Registered Trademark and 2) 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:

Trademark Registration Cost in India

What is a Registered Trademark?

Registered Trademark Symbol
Registered Trademark Symbol

If you register the Trademark by completing the entire Trademark Registration Procedure and have registered with the Trademark Registry, it is called Registered Trademark. In India registration is not mandatory. Although you should always register it as you get many benefits.

Trademarks in India are registered under the specified trademark act "Indian Trademark Act, 1999". One should be able to easily distinguish your Trademark from the other ones. 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.
  • Your company gains more trust and your Trademark makes your organization prestigious.
  • You can also sell or transfer the rights to use the Trademark.
  • It helps customers to distinguish the products and services of one from the other.
  • On your logo, you can use the ยฎ symbol which indicates that your Trademark is registered and no one else can use it.
  • 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.
Number of Applications Forms Filed for Trademark Registration (2018-2020).
Number of Applications Forms Filed for Trademark Registration (2018-2020)

What is an Unregistered Trademark?

The Symbol of Unregistered Trademark
The Symbol of 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 ยฎ symbol.

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Trademark Registration Process Steps:

Official website of Intellectual Property India
Official website of Intellectual Property India

Indian Government has its own official website available for the citizens to easily apply by its medium. The website has a better link for each step along with detailed guidelines. The steps for Trademark registration are explained below:

Website for Trademark Search
Website for Trademark Search

Registering a Trademark that has been taken by someone else is of no use. Instead of waiting for legal notice of using the Trademark of someone else we should take the necessary steps beforehand. Hence, you should first check if the name which you have decided is taken by someone else or not.

Official Website for Class Search
Official Website for Class Search

You should first know under which class your business falls. One can prefer to search for their class by taking help from the official Indian "Trademark Registration Website". After learning about the class, one can prefer to search for Trademark availability.

Filling the Trademark Application Online

Website for Filling Trademark Registration Form
Website for Filling Trademark Registration Form

You need to check if your Trademark is listed in the Trademark Registry India or not. Once you have checked it, as a next step you are required to fill out the online application form. You can fill out the Trademark Application Form at the Trademark Registry India. ย After filling out the form you will be receiving an official receipt from the same site.


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Examination of the Trademark Application

Website to Check Trademark Status
Website to Check Trademark Status

Your Trademark Application is then examined by the Government Authorities. It takes 30 days for the examination report to be issued by the Trademark authority. Your Trademark might be accepted by the examiner absolutely, conditionally, or unconditionally.

In the case of getting accepted unconditionally, this will make the publication of the Trademark in the Trademark Journal. If it is not accepted unconditionally, then all the conditions or objections mentioned in the examination report need to be fulfilled immediately. 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 has the right to appoint a hearing in the case of dissatisfaction related to your submitted papers.

On the other hand, if they are satisfied with your evidence or application they will proceed with your Trademark Registration Process. After the hearing, the Trademark authority may accept your response and proceed with your registration or reject your application.

Publication and Advertisement of the Trademark

Once your application has been accepted, the next step includes the entry of the trademark within trade mark journal and also advertised for 4 months. This is done to invite the general public to file an opposition or notice against your Trademark.

During this period any person may file a notice against your published/advertised 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

Website for Certificate Checking
Website for Certificate Checking

Once your Trademark gets published in the Trademark Journal you will be eligible to accept the registration certificate from Trademark Authorities. The trademark registration certificate will include the seal of trademark registration. 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. Unless you receive any notice or objections which is quite rare. To avoid this check if your Trademark is unique. 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 a next level.

FAQs

Is Trademark Registration Mandatory in India?

No, Trademark Registration is not considered mandatory in India. Although you should always register one 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?

It takes approximately a time period of 6-8 months for the registration of a trademark to occur.

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 "ยฎ".

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