Get Your Trademark Registered By Professionals!
Protect your brand identity and the trust your customers have in it easily, through SPSI and our team of experts.
Trademark Registration Online With SPSI
With SPSI you can register your trademark and protect your brand in 3 simple steps –
Step 1
We conduct a thorough search of the TM directory and advice you on TM classes
Step 2
Our experts will collect and verify the necessary documents and file the required forms.
Step 3
You can start using the TM symbol as soon as the application is submitted and you will receive updates until registration is complete.
Overview
Trademark Registration – an Overview:
A trademark can be defined as the unique identity that makes your company, product, or service stand out from the rest. A registered trademark is your business’s intellectual property/ intangible asset. It protects the investment made into creating trust and loyalty among your customers.
The registration provides the right to sue against others who try to copy your trademark and prevents others from using a similar trademark to the one registered by you.
What Can You Register?
What Can You Register As a Trademark?
Many aspects of your brand image can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers. Pick that aspect(s) for registering.
1. Name
a. Product Name: You can register a particular product’s name as a trademark. Apple’s iPod is a product name trademark.
b. Business Name:Â Registering a company name as a trademark is the most common route businesses take. Ex: Bajaj.
c. Person’s Name/Surname: If your name plays an important part in generating revenue, then you can even trademark your name! Ex: Shah Rukh Khan has trademarked his name.
d. Abbreviations:Â Abbreviations of a company or brand name can also be a trademark. Ex: BMW.
2. Logo/Symbol
It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of a logo trademark is the ‘swoosh’ of Nike.
3. Tagline
If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC’s ‘It’s finger lickin’ good’.
4. Other Options
a. Colour Mark:Â You can trademark a colour or a combination of colours. (Ex: Cadbury has trademarked the colour royal blue)
b. Sound Mark:Â Musical notes or sounds can be trademarked if we can prove that it’s distinctive. Nokia has trademarked its tune.
c. Scent Mark:Â Even scents can be trademarked.
Why Is Trademark?
Why Is Trademark Registration Important?
Trademark registration is important and necessary for a business because:
- It showcases your unique identity
- It helps you build trust and loyalty among your customers
- It offers legal protection for your brand’s identity
- It is an asset in itself
- It prevents unauthorized usage of your brand’s identity.
Documents Required
Documents Required
Initially, you have to provide us with the following details:
- Applicant’s name
- Business type
- Business objectives
- Brand/logo/slogan name
- Registration address
The documents required are:
- Signed Form-48
- Identification proof of the signatory
- Address proof of the signatory
- Business proof (depends on the type of business)
- Udyog Aadhar/MSME registration certificate (optional)
Trademark Classes
Trademark Classes
There are 45 trademark classes and all the goods and services are categorized across these classes. You need to be very careful while picking the classes as it will determine the validity of your trademark for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you apply for the trademark under all the applicable classes.
Some of the popular trademark classes in India are:
- Class 9:Â which includes computer software and electronics,
- Class 25:Â which includes clothing,
- Class 35:Â which includes business management and advertising, and
- Class 41:Â 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.
Trademark Objections
Trademark Objections
In some cases, the trademark examiner might see certain problems or issues with the registration of your trademark. These issues can be either the filing of an incorrect trademark form, incorrect name/details, the usage of deceptive or offensive terms, insufficient information on goods or services, or the existence of an identical or deceptively similar mark.
When an objection is raised, the status on the register will show as ‘Objected’, following which an expertly drafted response will need to be filed after an analysis of the objection itself and with any supporting documents and proofs. Objection response is your opportunity to strengthen the claim over your mark and create urgency.
If the response is accepted, the application will be processed further for registration and advertisement in the Trademark Journal. If it is not accepted, or if there are additional clarifications sought by the examiner, there could be a trademark hearing scheduled and this will be communicated to you by a notice.
The process typically takes 2-4 months from when the objection is first raised. Once completed, the chances for approval, while not guaranteed, are much higher.
FAQs
FAQs on Trademark Registration
The Trademark Registry has classified goods and services under 45 classes. Each class lists a host of goods/services and depending on those you are offering, you need to mention the class(es) on your trademark application. The trademark would be registered and protected under those classes only.
If your trademark is similar to an existing application, would hurt religious sentiments, contains geographical names, or common words. It would also be rejected if it is likely to confuse.
As soon as you file the application and receive an acknowledgement, you can use the ™ symbol. Once the registration process is complete, you can use the ® symbol.
You can run a simple trademark search easily by clicking here. However, if you are serious about getting your trademark registered, it is advised to get a professional to do thorough trademark research.
If your brand name has already been registered, but under a different class, you’re still in luck. Unless the brand is too well known (like McDonald’s or Fiat), your application is likely to be approved.
You can’t get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. So there is a way out, but it is best to have a unique name.
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