What is a Trademark?

A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc used by business to distinguish its services or products from other same goods or services which are made in different business. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. Registered trademarks are intellectual property for business, they are used to safeguard the company’s investment in the brand or symbol. Trademarks are necessary to get registrable if it is unique for the products and services you give.

Proposed trademarks that are the same or identical to an existing registered trademark cannot be registered. Moreover, trademarks are not registrable if it is offensive, general, unreliable, not unique, includes specifically protected emblems, etc.

Validity of Trademark Registration

• Once a trademark registration process is completed, the ® (R symbol) can be applied.
• The registration will become valid for 10 years.
• Registered trademarks nearing expiry can be renewed by filing a trademark renewal application.
• Each renewal extends the protection for another 10 years.

Trademark Restrictions

Certain types of trademarks are not registrable. These include:

• Identical or deceptively similar to an existing registered trademark
• Offensive or misleading marks
• Generic or non-distinctive names
• Unreliable or commonly used terms
• Symbols or emblems that are specifically protected under Indian law

Trademark Services

Key Documents Required

• Trademark Application Form
• Details of Applicant / Business
• Representation of the Trademark (Logo/Word/Label)
• Power of Attorney (if filed by an agent)
• Trademark Renewal Application (for renewals)
• Proof of Business Usage

Conclusion

Trademark registration is a crucial step in safeguarding a company’s brand identity and protecting its investment. With proper registration and renewal, businesses can enjoy exclusive rights to their trademarks and take legal action against infringements, ensuring long-term protection of their intellectual property.