Registration Of Trademarks In India And Its Types

Author : vivek ranjan | Published On : 27 Apr 2024

Why should a Trademark be Registered in India?

Trademarks play a crucial role in promoting the goods and providing information about the quality of the product. With so many new but identical brands / products appearing every day, India is a hugely competitive market for business owners and company owners. Your brand must be protected here in order to prevent anyone else from taking advantage of it.

How do Trademarks work?

Trademark is a logo or brand that distinguishes your product from that of your competitors. One can also say that a trademark is just one type of intellectual property, which includes words, phrases, logos, symbols, designs, images, or a combination of these elements. Trademarks are used to identify the owner of a specific product or service.

Registration of a Trademark is what it is all about?

By registering your trademark, you are able to protect your brand or logo by preventing others from using your logo or name. Trademark registration is a legal process provided under the Trademarks Act, 1999. By registering your trademark, you are able to claim ownership of your logo, name, or brand.

Companies or individuals who wish to protect their logos from misuse by third parties must register their trademarks in India. As a result of trademark registration, the owner will be able to take legal action against the third party in case of trademark infringement. In addition, Trademark Registration will grant the owner an exclusive right to use the trademark for products and services.

What are the types of Trademarks?

Under the Trademarks Act, 1999, trademarks can be registered in a variety of ways:

Product Mark: For example, Nestle, Amul, and other businesses use product marks to distinguish their products from others in the marketplace and to maintain their reputation.
Service Mark: In contrast to product marks, service marks are used to indicate the entity's services rather than its products. They serve as a way of distinguishing the proprietors from those who provide other services. For example, Logo Registration for network and broadcasting services are used to provide the service. Applications in trademark classes 35-45 represent the service marks. Apple, Google, etc., are examples.
Collective Mark: Groups or organizations can register collective marks as a means of informing the public about them during commercial activities. In the event that a group of individuals protect a service or good collectively, this mark is used. A mark holder can be an association, a public institution or a Section 8 corporation. For example, Reliance Communications, Tata Sons are common examples of collective marks.
Shape Mark: We Shape marks enable us to categorize the appearance of products, identifying and registering them based on their packaging or appearance. An example of a descriptive trademark is Coca-Cola's bottle, which differs from other brands based on its shape.
Series Mark: An example of a series mark is McDonald's, which has a series trademark registered under 'Mc' that represents a wide range of products, including McChicken, Mc Veggies, etc. The series marks differ based on distinctive characteristics, such as price, quality, goods, and price, but share a common name and distinguish themselves based on distinct characteristics such as price, quality, goods, and price.
Geographical indicators Mark: An example of a geographical indication mark is Darjeeling tea, which has been registered under the Intellectual Property Rights for its unique nature, quality, and reputation. It is applied to natural, agricultural handicraft products and manufactured products with a geographical origin.

Lastly, Concluding

Trademarks or intellectual property are names, brands, or logos established with exclusive rights of ownership that help you distinguish your company from the competition. Additionally, this trademark also grants you legal rights over your registered trademark. Different types of trademarks aid in the registration process and identify which categories you need to register under. Registering your trademark is always a good idea so that it is protected from unauthorized access. The different types of trademarks include words and services, shape marks such as Mexican Tequila, logos and symbols such as Apple and Blackberry, collective marks, such as CA, series marks, such as Chanel, certification marks, such as FSSAI, and geographical indicators like Darjeeling tea.

Many people think that after filing Trademark Application, their job is done. However, what is important to note here is that a trademark application (TM-A) goes through multiple stages of trademark registration and it is important to seek help from a trademark attorney. Compliance Calendar LLP has been helping startups register their brands since 2016 and can help you too