Trademark Registration in India

Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and a combination of colors. A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, and numeral, phrase, graphics, logo, sound mark, Smell or a mix of colors, shape of goods, packaging or combination of colors or any such combinations. A trademark can be a registered trademark as well as an unregistered trademark. Registration is not mandatory in India, but it is advisable to do so. However, both have certain benefits and drawbacks. In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government of India. The trademark can be registered under- The Trademark Act, 1999.

A "registered trademark" confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services. Registration of a trade mark is not a mandatory requirement in India. A trade mark is registered for a period of 10 years and is subject to renewal. The Trademarks Act 1999 governs the whole process of registration. Registration is required for the following reasons:

  • It identifies the origin of goods and services; Trademark adds uniqueness to the brand & acts as a communication tool. It influences the customers’ behavior.
  • Advertises goods and services; Allows businesses to utilize social media channels.
  • Guards the commercial goodwill of a trader; and
  • Protects the innocent public from buying the second rate quality goods.
  • Provides certain incentives for registration through its various provisions
  • An action for infringement lies where the aggrieved can be sought civil and criminal reliefs.
  • Gives exclusive right to the registered proprietor to use the trade mark in relation to the goods or service.
  • Gives a monopoly right to the mark in a particular territory.
  • The plaintiff to prove is eased due to registration that there is a similarity in the trade names.
  • A trademark, once it is registered is an untouchable asset or intellectual property for a business which is used to safeguard the company's investment in the brand or ideogram.
  • Tendered trademarks that are similar or identical to an already existing registered trademark cannot get registered.
  • The registered trademarks approaching their expiry can be easily renewed by applying for a trademark renewal application for an extended period of another 10 years.
  • A trademark provides exclusive identity and is never- ending.
  • It works as a shield and is economical as no one else can use a similar trademark to the one registered by another person.
  • A registered trademark is an absolute asset for the business/ brand/ company which directly brings home goodwill.
  • A registered trademark can be sold, transferred or purchased or even be utilized as a security to obtain a loan which is similar to any of the other tangible assets or it can licensed, or assigned.