Online Dispute Resolution (ODR): Meaning, Process, Advantages & Legal Framework
18 Apr, 2025
By Online Legal India
Published On 05 Nov 2020
Updated On 17 Apr 2025
Category Trademark
A trademark is a unique symbol, word, logo, design, or combination thereof that identifies and distinguishes the products or services of one entity from those of others in the marketplace. It serves as a brand identifier, helping consumers recognize the source and quality of a product or service. Trademark registration provides legal protection against unauthorized use, imitation, or infringement of the mark. It is essential for both individuals and companies to register their trademarks to safeguard their brand identity.
In this article, you will gain a comprehensive understanding of Trademark Registration in India, including its process, benefits, and legal significance.
Trademark Registration offers legal protection to the products or services of a specific brand. It empowers the trademark owner to take legal action against anyone who uses a similar or identical mark without authorization, thereby preventing infringement. Once registered, the owner gains exclusive rights to use the trademark within the specified market or industry.
Trademark registration also helps customers easily identify and associate products or services with a particular brand, fostering trust and brand loyalty. It plays a crucial role in maintaining brand identity, building consumer recognition, and enhancing business credibility in a competitive marketplace.
There are various types of Trademarks. Some are mentioned below:
A product mark is a mark to that identify identifies the products product and its origin. It distinguishes the products from others in the market. The products are listed under the classes of 1-34. It helps customers identify the products by their origin and source. It is mostly used on tangible products. This type of mark maintains the reputation of a business with the quality and the origin of the product of a particular brand.
The service mark represents the service instead of the products. It distinguishes the providers and their sources of a particular service from others. These types of trademarks are filed under the class 35-45.
A Collective mark represents both the products and services of a particular group. It is used by a group or association to identify products or services. It helps entities to protect the goods and services to comply with standards. It is also used to inform about the features of specific goods and services to others. Members of an association, group, or association use this mark to protect products or services.
A Certification mark certifies a product or service that meets certain standards for business. It is used by the owner of the mark to get information regarding the source of the product. It helps to establish the quality standards of the products. It helps customers to identify the products or service quality in the market.
A Shape Mark plays a crucial role in protecting the unique and distinct shape of the product. Customers can easily identify and buy the products on the basis of shape. Shape mark is considered as an identifier of the product of a specific brand.
A Pattern Mark represents the unique patterns of a specific brand. It consists of elements that are used repeatedly to identify the source of a brand. It is used to protect the patterns of a brand. You can easily recognize the brand with its exceptional design.
A Sound mark is a distinct sound related to products or services of a brand from suppliers. It helps to identify the product or services by listening to their sound. It is used to identify the source of products or services through sound. It can be considered a sound registered trademark to recognize a brand.
A Symbol mark represents the visual design, image, logo, and so on of a trademark. In other words, it is defined as a graphical representation of a brand. It is also considered as a combination of mark with text and design of a brand. It is used to protect the trademark with its specific design.
A Wordmark represents the text, phrases, letters, or numerals of a mark used by a brand such as company names, product names, and so on. It is generally used to protect the word of a brand.
According to the Trade Marks Act, of 1999, Trademark Registration is useful to protect the products or services of a particular brand. It provides legal action to the trademark owner to prevent unauthorized use and infringement. Customers can easily identify the products or services of a specific brand as it helps to prevent confusion in the market. It also helps to differentiate the brand from others and protects their intellectual property. It acts as a safeguard to prevent competitors from copying the similar mark of a brand. It provides the trademark owner the exclusive right to use the trademark for 10 years from the filing date. It plays a crucial role in maintaining the brand reputation and market value for the business purpose. A registered trademark will be useful to build customer trust and brand identity within the market.
Here are the processes of Trademark Registration in India:
The trademark applicant must search for a trademark that they have already chosen through the IP India portal. A trademark search will provide the relevant information about already filed similar trademarks in the Trademark Registry. It is considered as the first step to file a trademark application. This process will help reduce potential conflicts and objections during the procedure of registering a Trademark.
As a trademark owner, you must prepare for filing the trademark application with the Indian Trademark Registry after completing the trademark search. You can file the application by visiting the IP India portal by submitting the required details. An application for the trademark application should be done in a prescribed manner by paying the required fee. This application requires the following information including logo or the Trademark, name and address of the trademark owner, trademark used since date, classification or trademark class, descriptions of the goods or services, and so on.
A trademark owner will get the trademark application allotment number instantly after submitting the application. If you file it offline, it may extend up to 15 to 20 days. It is useful for them to check the status of their application. They can use the “TM” symbol next to their logo after receiving this number which indicates that a trademark application is officially filed.
The Vienna Codification, also known as the Vienna Classification, was created by the Vienna Agreement in 1973. It is an international system regarding the figurative elements of marks. The trademark Registrar will use the Vienna Codification after filing the trademark registration application, which is prepared for detailed examination. The trademark application status shows “Sent for Vienna Codification” during progress.
A Trademark Officer will review the trademark registration application after the completion of Vienna Codification. They will review the application for authenticity and after reviewing, they will issue a report of trademark examination. When the Trademark Registrar finds any issue with the application, they will raise an objection by issuing a report. The trademark applicant must address the objections within the required timeframe if an objection is raised. Thus, the applicant is required to appear in the examination after objecting to an application by the trademark Officer. The trademark application will be granted for the Journal publication after the acceptance of the application.
If a Trademark Registrar accepts your Trademark registration application, the trademark is published in the Trademark Journal. The journal is published in a weekly manner and includes the details of all trademarks accepted by the Trademark Registrar. Any individual can raise opposition against a trademark application after the publication. If any opposition is raised, an applicant must reply to the opposition with a counter statement within 2 months. They can also hire a lawyer for a hearing against the opposition. A trademark application can be rejected if an applicant fails to submit the evidence or face a hearing during the same period. The trademark will be registered within four months from the date of publication if there is no objections are found.
The Trademark Registrar will issue a certificate, when there is no objections are found and objections are resolved for the trademark registration application. The applicant can download their trademark certificate online through the official website of IP India. The Trademark owner will have the right to use the trademark after getting the certificate. They can also use the “R” Symbol with the trademark.
Here are the documents required for Trademark Registration:
There are the various benefits of Trademark Registration in India:
A trademark owner has the exclusive rights to use the registered trademark. They have the right to take legal action to protect the mark from unauthorized use and infringement. It prevents competitors from using a similar mark without the permission of a specific brand. It helps to protect brand identity in the market.
A registered trademark provides legal protection for the products or services of a specific brand. It prevents competitors from using a similar mark. It also helps to protect its intellectual property for business. The legal protection of a brand also helps to build customer trust and loyalty.
A Trademark Registration helps customers to identify the products or services of a specific brand from others. It plays a crucial role in maintaining brand recognition and trust in the market. A customer can also identify the product's quality by its brand. Thus, trademarks help to maintain brand value and awareness.
A registered trademark helps to establish goodwill and trust in a brand. It creates regular loyal customers to identify the products or services of a particular brand within the market. It helps to maintain the brand image in the market.
A trademark registration focuses on differentiating the products and services from its competitors. It makes it easy for customers to identify a product or service by its brand. It helps to maintain brand identity to comply with market requirements. A unique brand attracts customers and prevents their confusion for choosing a product or service.
A trademark creates a unique brand identity for the creation of an intangible asset. It provides the trademark owner the right to sell, assign, or franchise to use the trademark and contributes a valuable source of income by its intellectual property.
Customers easily recognize the products or services with its brand from others. Trademark protects the brand from infringement by preventing competitors. It generally attracts customers and creates a positive image for the business. Thus, a trademark encourages customers to choose their products or services from others in the market.
Once a trademark is registered, the trademark owner has the right to use the “R” symbol on the logo. It specifies that others cannot use the mark without the authorized permission.
A registered trademark protects the mark from infringement by preventing others from using a similar mark for 10 years. It helps to maintain the brand identity and brand image in the market. It also helps to maintain the cost-effectiveness of the brand in a business.
Every business should register a trademark to protect its brand identity, intellectual property, and market presence. Trademark registration grants the owner exclusive rights to use the unique mark and helps prevent unauthorized usage or imitation by others. It serves as a legal safeguard, ensuring the brand’s integrity and contributing to long-term business success by building customer trust and loyalty.
If you're looking to register a trademark for your company, get in touch with Online Legal India. A of experienced legal experts is equipped to guide you through the entire trademark registration process with ease and efficiency.
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