In India, what is trademark registration?
In India, trademark registration allows an applicant to use symbols or words to symbolise a business or its products in order to identify their goods or services from those supplied by competitors. Once a trademark is registered in India, it cannot be used by anybody else for as long as it is in use.
Once a trademark is registered, the "TM" symbol can be used with the applicant and the brand. Trademark registration is an asset for the firm, and it is required to register for trademark registration in India to protect the brand name.
It is usually preferable to seek trademark registration under the supervision of a professional, as the process entails several steps and requires ongoing government follow-up.
Thousands of applicants across India have used IndiaFilings to register their trademarks.
Who is eligible to file a trademark application?
Sound, logo, words, phrases, colours, images, symbols, initials, or a combination of all of these can be registered as a trademark in India, according to trademark rules and regulations.
An application for a trademark can be made by:
Firms that are privately owned
Limited Liability Partnerships, OPCs, Private Limited Partnerships, Public Partnerships, and so on are examples of individual companies.
Note for NGOs and LLPs: In the case of NGOs and LLPs, the trademark must be registered in the name of the involved business or enterprise.
Any individual claiming to be the owner of a trademark that he uses or intends to use may apply for registration in writing in the authorised manner.
The trademark, the goods or services, the name and address of the candidate with power of attorney, and the date of use of the mark must all be included in the application. The application must be written in one of two languages: English or Hindi. It needs to be registered with the proper office.
Individual applications can be dropped off at the Front Office Counter of the respective office or mailed.
Classification of Trademarks
There are 45 trademark classes, and each class categorises all of the goods and services. You must choose the classes with care, since they will affect the validity of your trademark for your company's products and services. If your company sells a variety of items and services that fit into multiple classifications, you must file for a trademark in each of the eligible classes.
In India, some of the most popular trademark classes are:
Computer software and electronics are included in Class 9.
Clothing is classified as Class 25, while business management and advertising are classified as Class 35.
Education and amusement are included in Class 41.
If you operate in one of these trademark classes, you may face stiffer competition for a trademark. That shouldn't matter, though, as long as your mark is distinct.