Trade MArk
A trademark is a visual symbol which may be a word, name, device, label or numeral used by a business to distinguish its goods or services from other similar products or services in the market owned by other businesses. A trademark is an asset that can be protected under the Indian law. To protect a trademark from being copied by others, the inventor of the word or symbol must apply for trademark registration.
Legal protection
Registering a trademark provides legal protection against misuse of any kind including infringement or copy of a company’s name or logo, which is often a company’s most valuable asset.
Exclusive right
Registering a trademark grants the trademark owner the right to make the mark exclusive and incontestable and use it in a variety of mediums.
Brand recognition
Products/ services are identified by their logo which helps create brand value over time. A strong brand is a huge pull for new customers and an anchor for existing customers.
Documents required
- Signed Form 48- Form 48 is used to provide IndiaFilings attorney with authorisation to file your trademark application.
- Identity proof of the trademark owner- It can be PAN card, passport or Aadhar card.
- Incorporation certificate (if its a company or LLP).
- Logo, if applicable and available.
- Address proof.
Trademark Renewal
The validity period of trademark in India is for a period of 10 years as per section 25 in the Trade Marks Act, 1999. The registered trademark can be renewed for another 10 years with proper documentation and meeting the required criteria.
Renewal of a Trademark
Voluntary registration
Any business can obtain GST registration based upon their requirement at any time. voluntarily.
Duration
The renewal can be filed within one year prior to the date of expiry as per rules 57 and 58 in Trade Mark rules 2017.
The renewal can be filed within six months prior to the date of expiryas per rules 63 and 64 in Trade Mark rules 2002.
The renewal can also be filed within six months after the date of expiry.
Forms
The following forms must be provided for renewal of a Trademark along with the allotted fee.
Form No. | Purpose | Cost | Cost |
TM-R | Application form for renewal of a registered trademark to be used by the registered proprietor | Rs.10,000 | Rs.9000 |
Application for renewal with a surcharge of registration of a Trademark | Rs.5000 + Renewal fee | Rs.4500 + Renewal fee | |
TM-18 | Affidavit in support of the statement of the case | – | – |
Mandatory Notice from the Office of the Registrar of Trademarks
The Office of the Registrar of Trademarks will send a notice six months prior to the proprietor informing about the deadline for renewal of the trademark. Upon non-renewal of the trademark within the stipulated time, the trademark will be removed from the Register of Trademarks.
However, the Trademark can be restored by filing an application along with the required fee.
Duration to Restore a Trademark
Trademark can be restored after six months and within one year from the date of
expiration of the last registration of the mark.
The following members can file the applications for renewal or restoration
- The proprietor of the registered trademark
- An agent associated with the registered trademark
FAQ
- What is a trademark?
- trademark is a distinctive sign or indicator used by an individual or an organization and is applied to the articles of commerce so as to identify the products of one trader from those of another. Simply, a trademark is a warden of a trader.
- Is the registration of trademark mandatory in India?
- No, registration of a Trademark is not mandatory in India but it is advisable to do so.
- What can be registered as a trademark in India?
Following marks can be registered under the Indian trademark law:-
- Invented / Coined Words
- Combination of colors
- Shape of goods
- Sound Marks
- Can Three (3) dimensional or 3-D trademarks be registered in India?
Yes as per the Indian trademark Law 3-D marks or Three Dimensional marks can be registered in India.
- What are the benefits of a registered trademark?
- Identifies the origin of goods & services.
- Advertises goods & services.
- Guards the commercial goodwill of a trader.
- Protects the innocent public from buying goods of second-rate quality.
- Can Sound and Smell be registered as a trademark in India?
- Yes, sound and smell can be registered as a trademark in India under the Indian trademark law.
- Can a domain name be registered as a trademark or service mark in India?
- Yes, so long it is being used as a trademark or service mark. If it is merely used to indicate the URL or address at which a web site may be found, such use is not sufficient. It must be used a source identifier for the goods or services.