Trademark Registration

In simple words, trademarks are special unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs or even expressions. It is important because it differentiates your products from the competitions. It can be associated with your brand or product. Trademarks are classified as intellectual property and therefore is protected from infringement. Trademarks and its rights are protected by the Trademark Act, 1999

To get the protection of trademark rights one has to register the trademark. It is important to register your trademark because it prevents others from copying your mark and misrepresenting other products with your mark.

DOCUMENTS REQUIRED FOR REGISTRATION

INDIVIDUAL/SOLE PROPRIETOR :

• Copy of the Logo

• Signed Form-48 (an authorisation from the applicant to a Trademark attorney for filing the trademark application on their behalf)

• Identity proof of the individual or proprietor.

• Address proof of the individual or proprietor.

Partnership/ LLP/ Company :

• Copy of the Logo

• Signed Form-48

• Udyog Aadhar Registration certificate

• Incorporation certificate or Partnership Deed

• Identity and Address proof of signatory

Other Applicants :

• Copy of the Logo

• Signed Form-48

• Incorporation certificate or Partnership Deed

• Identity proof of signatory

• Address proof of signatory

BENEFITS OF TRADEMARK REGISTRATION

• Legal protection: Upon trademark registration, Trademarks are classified as intellectual property and are therefore protected from infringement. In the case of unauthorised use of a registered trademark, you can seek relief for infringement in appropriate courts in the country.

• Product differentiation: Trademark registrations are distinct to the goods or services they represent. Trademark will enable differentiation of your product as against the products of your competitors

• Brand recognition: Customers associate a product’s performance, quality, features, and so on with the company making such products. They identify the product generally by the logo, which would be a registered trademark.

• Creation of an asset: Trademark registration creates an asset for a business enterprise. Trademark is recognised as an intangible asset for accounting and income tax purposes.

• Trademark recognition: In a case where you want to use your trademark outside India or expand your business outside India, you need approval or trademark registration in the respective countries. In such cases, your trademark registration and business in India acts as a base to obtain registrations outside India.

REGISTRATION FEES:

The government fee for trademark registration is Rs.9000 per application per class for company. The government fee for trademark registration is Rs.4500 per application per class for individual.