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Trademark Registration In India - An Overview
Trademark Registration is key for businesses to protect their Intellectual Property. Registering gives you Brand Protection and the sole Legal Rights to your symbol, logo, or name. Always do a Trademark Search before registering. This ensures no other trademarks could cause Infringement. For your application, you’ll choose Trademark Classes and send it to the Trademark Office. Consulting a Trademark Attorney can make the process smoother. After registering, you can use the Trademark Symbol. Do not forget to meet Renewal deadlines to keep your rights. This whole process strengthens your Brand Identity and stops others from copying.
What Can You Register As a Trademark?
In India, you can register diverse items as trademarks. They can include brand names, logos, words, slogans, sounds, smells, colors, or any unique sign. These trademarks should distinguish your goods or services from others. This helps maintain your business identity and protect it from misuse.
Why Is Trademark Registration Important?
Trademark registration in India is crucial as it protects your brand and prevents others from using similar signs. It gives you legal rights to your brand, boosts your brand’s value, and assures customers about the quality of your products or services. It also helps in brand recognition and trust-building among customers.
Trademark Classes
There are 45 trademark classes and all the goods and services are categorised across these classes. You need to be very careful while picking the classes as it will determine the validity of your trademark registration for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you can apply for a trademark online under all the applicable classes.
Some of the popular trademark classes in India are:
- Class 9: which includes computer software and electronics,
- Class 25: which includes clothing,
- Class 35: which includes business management and advertising, and
- Class 41: which includes education and entertainment.
If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.
Documents Required for Trademark
The following documents should be submitted for trademark registration in India
- Image of the trademark
- Power of Attorney(drafted by us)
- User affidavit ( only if prior user of trademark)
- TM-A form (drafted by us)
- Id Proof of the applicant along with Address.
Apart from the documents, to start online trademark registration in India, the following preliminary details must be provided:
- Applicant name: The name of the person, business, or organisation submitting an application to register a trademark
- Business Type: Indicate the kind of business organisation, such as a private limited company, partnership, MSME, startup or sole proprietorship
- Objectives of the Business: Give an overview of your company’s nature of business and operations under the trademark
- Name of Brand/Logo/Slogan: Make sure to specify the name, logo, or slogan you plan to trademark
- Registration Address: Provide the official address of the organisation submitting the trademark application
