A trademark can be any name, logo, a numeral, label, or a visual symbol, which may be a word, a name, a device, a color combination, sound or smell that represents your business and can be used by a business to differentiate it from other goods of different business. It makes it easier for customers to recognize your business as one that is unique from that of another providing similar goods or services. Any person can be an individual, anyone claiming to be the owner of a company or NGO is authorized for trademark filing.
More About the Trademark Registration in Delhi
The trademark owners have the right to use the trademark under the classes they are listed in (there is a total of 45 classes). The trademarks are listed under the Trademark Act 1999 by the Controller General of Patents, Designs, and Trademarks under the Ministry of Commerce and Industry. It makes the trademark owner eligible to sue for damages when violations of trademarks occur.
Digital Signature is mandatory for Trademark registration formalities. Our experts will help you e-verify the documents with authorities as it’s mandatory for aspirants to verify an application for trademark registration using a Class III Digital signature and all other documents they submit.
The Advantages of Trademark registration
Following are a few advantages of a Trademark registration:
- A trademark registration shields the goodwill earned by your business.
- Trademark registration mainly helps to build and hold a loyal client base while deterring opponents from using similar names or selling their goods or services using your name.
- Â It also foils any misunderstanding in identifying which business house a product or service makes.
- Â It makes the trademark owner eligible to sue for damages when violations of trademarks occur and also pay financial reimbursement in the form of compensations or on the account of earnings made.
- Business needs to be cautiously protected as a Trademark is an intellectual property and may require in the future if there is a plan for the franchise model or enter into any commercial arrangement based on the strength of your Business brand.
- You will be permitted to use the ‘R’ symbol to represent that your brand has a trademark registered and enjoys protection under the Trademark laws of India.
® Symbol Trademark class
The Trademark Registry has a list of 45 Classes to standardise the services or goods, which the trademark will represent, under which all types of goods and services are represented. The trademark request must specify the type of goods or services the trademark will represent under one or more of the classes, so the specific class of goods or services the trademark registration is granted.
Period of validity of a registered trademark
Trademark registration is initially valid for ten years and thereafter subsequent renewal will further extend the trademark protection for another period of ten years.
Any trademark registration done in India gives you nationwide protection for your trade and will be valid only in India. However, some countries do use trademark registration in India as a basis for registering the trademark in their own country.
Who Can Opt for a Trademark Registration?
The following are allowed to opt for trademark registration by the law:
Any Individual Person – An individual person currently not managing any kind of business is also eligible to file a trademark application and get trademark registration for the brand name/device) that the applicant intends to use in the future.
Shared Ownership – A Firm’s joint proprietors are also eligible to apply for a trademark together. They can register both of their names in the application. In the case of shared ownership, they can get a trademark registered.
Partnership Firm – In case you have registered a trademark; a partnership business must be of a maximum of 10 members and must include all partners’ names in the application. Also, in case a minor partner is present, the name of the minor’s guardian will be mentioned.
LLP (Limited Liability Partnership) – The application for the Limited Liability Partnership must be in the name of the LLP. It is a legal entity where all the participants have their own identities. Since the trademark belongs to the LLP, the partners are not the applicants.
Indian Corporation – Any Indian firm, whether it’s a private/public limited, or some other kind, has to file a trademark application in its name. Since every incorporated organization has its own legal body and identity, the director of a company cannot be a trademark applicant.
Foreign Corporation – The foreign-incorporated firms can also apply for brand and logo registration in India, but for the same, they must do so under the corporate name as it is registered in another country. The type of registration, the government, the law, etc. needs to be mentioned here. It must mention the Indian address from which they are running their business in INDIA.
Society or Trust – When submitting a trademark application on behalf of a trust or society, the managing trustee, chairman, or secretary of the trust or society must be mentioned.
The Different Types of Trademark Registration in Delhi
There are three types of trademark registration in India:
SERVICE MARK- A service mark is similar to a product mark mentioning a service rather than a product. The main function of a service mark is to differentiate its proprietors from the owners of other benefits. Accordingly, trademark applications submitted under trademark classes 35-45 have to be categorized as service marks since it mentions a service.
MARKS IN THE SERIES – These are the marks that have been registered for usage before or after a chain of items having similar suffixes, prefixes, or symbols. MARK OF SOUND – A sound mark is a sound that might be connected to a product/or service that appears from a particular certain provider. Sound logos, which are known as audio mnemonics, appear at the beginning and end of ads.
