Trademark Registration

What is Trademark Registration Overview

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

To get the protection of trademark rights under the Act, 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. Trademarks help the customers to recognise the brand and the brand value in one look such as the logo of a tick sign for Nike or a jumping wildcat for Puma etc.

Unlike patents, trademark does not have a definite limitation period. Where a patent expires in 20 years a trademark registration expires after 10 years of its registration, but unlike patents, a trademark can be renewed again for another 10 years. This process can be indefinitely done, meaning as long as you keep renewing the trademark it will not expire and will continue to be under the protection of the Act.

Types of Trademark Registration

Product Mark

A Product Mark refers to trademarks related to products or goods and not services. It is used to identify the source of a product and to distinguish a manufacturer’s products from others. Itis treated as important as it protects the goodwill and reputation of a Business

Service Mark

A service mark similar to a product mark. But here instead of product or goods, it identifies the source of service. For example, a company such as Yahoo may brand certain products with a trademark, but use a service mark on the internet searching service that it provides

Collective Mark

These trademarks used by a group of companies and also protected by the group collectively. Collective marks normally used to inform the public about a particular characteristic of the product for which the collective mark used. The owner of such marks normally operate as an association or public institution or cooperative. Collective marks also used to promote particular products which have certain characteristics specific to the producer in a given field. Thus, a collective trademark can used by a more than one trader, provided that the trader belongs to that particular association

Certification Mark

Certification mark represents a sign indicating that the goods/services certified by the owner of the sign in terms of origin, material, quality, accuracy or other characteristics. This differs from a standard trademark who distinguishes the goods/services that originate from a single company

Shape marks

According to the Indian Trademarks Act, 1999, a trademark may also include the shape of goods, their packaging to trademark. So long as its possible to graphically represent the shape clearly. This helps in distinguishing the goods sold under such trademark from those of another manufacturer. The new Trade Marks Ordinance continues to allow registration of such marks

Pattern Mark

The Pattern mark consist of a pattern which capable of identifying the goods or services as originating from particular undertaking. Thus distinguishes it from those of other undertakings. Such goods/services are registered as Pattern Marks

Sound Mark

Nowadays sounds become important part of advertisement. We can immediately identify the product from the sound in the advertisement. In such cases, the sound may regarded as a trademark and also eligible for registration

Process for Trademark Registration

Documents Required For Trademark Registration

Benefits Of Trademark Registration