TRADEMARK
What Is a Trademark?
A trademark is a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand.
What can you Trademark? Who can all apply for Trademark?
According to the trademark rules of India, items like sound, logo, words, phrases, colours, images, symbols, initials or a combination of all these can be trademarked. All of these should be made use to make your business stand out from the rest.
A trademark application can be done by private firms, individuals, companies, LLP’s, or NGO’s. In the case of NGOs, LLP’s or companies, the trademark has to be applied for registration in the name of the concerned business.
Advantages of Trademark Registration in India?
A Great Business Opportunity
A product or service being sold under a registered trademark helps in building up trust, reliability, quality, and goodwill in the minds of customers. It offers you a unique identity when compared to other sellers especially when you sell it on online platforms like Amazon, Flipkart, etc.
A Legal Protection
In case you doubt that your trademark is being copied by anyone else, you can take up the issue legally and sue them if you have registered your logo, brand name or slogan.
Get Your Unique Identity
Customers will identify a particular product or service only with the brand. Registering a trademark ensures that competitors will not use it and hence it remains as a company’s unique asset.
An Asset
The trademark can be a valuable asset in case your brand creates a name and succeeds. It can be commercially contracted, sold and franchised.
Global Filing Of Trademark
A trademark which is registered and filed in India can also be filed in other countries outside India. Likewise, foreigners can also get a trademark registered in India.
Documents required for Trademark Registration
Trademark registration is an essential mechanism through which a brand can be protected from unwanted use and infringement. The Indian Government has simplified the trademark registration process. The Entrepreneurs can now easily obtain trademark registration for their brands within a few months. In this article, we look at the documents required for obtaining trademark registration in India.
ØØIndividuals & Sole Proprietorship
Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark. Further, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under:
ü Copy of the LOGO Or WORD which is to be trademarked. (Preferably in black & white (Optional).
ü Signed Form-48. ( Form-48 is an authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.)
ü Identity Proof of the individual or Proprietor.
ü Address Proof of the individual or Proprietor.
ØØPartnership / LLP / Company
In the case of a partnership firm or LLP, the entrepreneur would have to submit the following:
ü Copy of Logo (Optional)
ü Signed Form-48.
ü Udyog Aadhar Registration Certificate.
ü Incorporation Certificate or Partnership Deed.
ü Identity Proof of Signatory.
ü Address Proof of Signatory.
ØOther Applicants (Private/Public Company)
All other applicants, including companies that do not have Udyog Aadhar registration, will have to submit the following documents to obtain trademark registration in India.
ü Copy of Logo (Optional)
ü Signed Form-48.
ü Incorporation Certificate or Partnership Deed.
ü Identity Proof of Signatory.
ü Address Proof of Signatory.
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