MEANING Of TRADEMARK:
A trademark is a unique mark, name, logo, word, symbol, design, or combination of these used by an individual or business to identify and distinguish their goods or services from others in the market. It allows consumers to easily recognize a brand and builds trust in its quality and reputation.
In India, trademark registration is governed by the Trade Marks Act, 1999, which grants legal protection and exclusive ownership rights to the registered holder. Once registered, the owner gains full authority to use, manufacture, sell, and market products or services under the registered mark.
ELIGIBILITY CRITERIA FOR TRADEMARK REGISTRATION:
Under Indian law, any person or legal entity whether an individual, sole proprietor, company, LLP, partnership firm, trust, or society can apply for a trademark.
The trademark application process allows you to start using the ™ (TM) symbol immediately after filing. If the registry raises no objection, the registration typically takes 6–8 months. However, if an objection is filed, it may extend up to 18 months.
Once approved, a Trademark Registration Certificate is issued, allowing you to use the ® symbol. The registration is valid for 10 years from the date of approval and can be renewed periodically.
WHO CAN APPLY FOR TRADEMARK REGISTRATION
- Individuals: Even a person who is not yet running a business can apply for a trademark for a future brand or service.
- Joint Owners: In case of joint ownership, both proprietors can apply together, and each of their names will appear on the trademark application.
- Partnership Firms: Partnership firms (with up to 10 members) must include all partners’ names in the application. If a minor is a partner, the guardian’s name must also be mentioned.
- Limited Liability Partnerships (LLPs): For LLPs, the application must be made in the LLP’s name since it has a distinct legal identity. The partners themselves cannot apply individually for the same mark.
- Indian Companies: Whether private limited or public limited, companies must file the application under the registered business name, not in the name of directors.
- Foreign Companies: Foreign entities can apply for trademark registration in India using their original corporate name. They must mention their country of incorporation, governing law, and a valid business address in India.
- Trusts and Societies: Applications filed on behalf of a trust or society should mention the name of the managing trustee, secretary, or chairman.
TYPES OF TRADEMARKS IN INDIA
- Service Marks: These marks identify and differentiate services (not goods). Applications under Classes 35–45 generally fall under this category.
- Series Marks: Series marks are used when a company registers a group of products or services that share a similar prefix, suffix, or symbol.
- Sound Marks: Sound marks refer to distinctive audio identifiers associated with a brand, like jingles or musical notes used in advertisements.
TRADEMARK CLASSES IN INDIA
There are 45 trademark classes categorizing all goods and services. Selecting the right class is crucial, as it determines your brand’s protection scope.
Common examples:
- Class 9: Electronics, computer software, and mobile apps
- Class 25: Readymade garments and clothing
- Class 35: Advertising, marketing, and e-commerce
- Class 41: Education, entertainment, and training services
If your business deals in multiple categories, you must apply under each relevant class to ensure full coverage.