How to Register a Trademark?
Registration of a trademark is done by the Registrar Office of Trade Marks. Intellectual Property of India
Choosing a trademark:
Remember to choose a unique and distinctive mark which will represent your company. The other important point is identifying which class you belong to. Currently, there are 45 classes of goods and services under which the trademark can be registered.
Classes 1-34 are for goods
Classes 35-45 are for service.
Trademark Registration Fees
FEE TYPE | Registration cost for individual | Registration cost for Company / Firm |
Trademark Government Fee | Rs 4,500 Per class | Rs 9000 Per class |
Professional Fee | Rs 3,999 | Rs 4,999 |
Trademark Government Fees for Individual, MSME & Startups is Only 4,500 Per class (MSME Certificate mandatory)
Types of Trademark Registration in India
In India, various trademark registrations cater to different needs and purposes, all aimed at enabling consumers to recognize products and services associated with specific manufacturers or service providers. Here, we delve into the distinct categories of trademark registrations available:
Product Mark
This type of trademark is affixed to goods or products, aiding in identifying their origin and preserving a company’s reputation. Trademark applications falling under classes 1-34 are typically classified as product marks as they pertain to tangible commodities.
Service Mark
Similar to a product mark, a service mark is used to identify services rather than physical products. Service marks primarily help differentiate the providers of certain services from others. Trademark applications falling under classes 35-45 are often regarded as service marks related to service offerings.
Collective Mark
A collective mark conveys specific characteristics of products or services associated with a particular group. It allows individuals or entities to protect and represent goods and services collectively. The trademark holder may be an association, a public institution, or a Section 8 corporation.
Certification Mark
The owner issues these marks to indicate information about a product’s origin, composition, quality, or other pertinent data. Certification marks establish product standards and assure consumers that the product meets standardized quality benchmarks. They are commonly found in packaged goods, toys, and electronics.
Shape Mark
Shape marks are employed to secure the distinct shape of a product, making it easily recognizable to consumers as originating from a specific manufacturer. Registration is contingent on the shape being deemed distinctive.
Pattern Mark
Pattern marks are used for products featuring unique, designed patterns that serve as distinguishing features. To qualify for registration, these patterns must stand out as distinctly recognizable.
Sound Mark
Sound marks are distinctive sounds associated with products or services from suppliers. Sound logos, often known as audio mnemonics, are commonly heard at the beginning or end of commercials. An example in India is the IPL tune.
These diverse categories of trademark registrations offer businesses and entities the flexibility to protect their brand identity following their unique offerings and market presence.
Benefits of Trademark Registration
Legal protection: Upon trademark registration, Trademarks are classified as intellectual property and are therefore protected from infringement. Trademark registration also confers an exclusive right to the use of the trademark in relation to the “Class” of goods or service it represents. Once you have filed the trademark application, the Symbol “TM” can be used with your products. The symbol “R” can be put into use only after you have obtained registration of your trademark. Further, you can use the ® symbol only for the goods and/or services listed in the registration certificate. In the case of unauthorized use of a registered trademark, you can seek relief for infringement in appropriate courts in the country.
Product differentiation: Trademark registrations are distinct to the goods or services they represent. Trademark will enable differentiation of your product as against the products of your competitors. Also, since trademark registration will be valid for the entire class of goods or services so represented, it will help in distinctly identifying your products. Customers uniquely identify products carrying different trademark, thus creating a customer base for your product.
Brand recognition: Customers associate a product’s performance, quality, features, and so on with the company making such products. They identify the product generally by the logo, which would be a registered trademark. Trademark registration facilitates brand recognition for your goods and services. It also creates goodwill associated with the brand. Thus, your brand is recognized as well as carries a market value over time. Brand recognition welcomes new customers while retaining loyal customers.
Creation of an asset: Trademark registration creates an asset for a business enterprise. Trademark is recognized as an intangible asset for accounting and income tax purposes. Trademarks are intellectual property and carry a value associated with the products they represent. Trademarks can be sold, franchised, assigned or commercially exploited in any other manner. You can recognize the value or cost associated with trademarks in the books of accounts, and also claim a deduction for depreciation and recognize income from the same.
Business valuation and goodwill: Trademarks registered and associated with your products enhance your overall business value, goodwill and net worth in the industry. Your trademark communicates your quality assurance, distinct features of your products and your organization’s mission. Trademarks contribute to the growth of your business. They help retain loyal customers and protect the goodwill of your business.
Trademark recognition: Trademark registered in India is valid for 10 years from the date of filing of an application. However, the trademark can be further renewed. In a case where you want to use your trademark outside India or expand your business outside India, you need approval or trademark registration in the respective countries. In such cases, your trademark registration and business in India acts as a base to obtain registrations outside India.
Business expansion: A trademark establishes a connection between the customers and the products of an enterprise. With efficient or unique products, you can create a customer base. Your trademark helps you in retaining and expanding the customer base. Registration of your trademark confers exclusive rights of use for 10 years and protects your business revenues. Business enterprises can leverage the benefits of a customer base by introducing new products and expanding their business.