Many brands in the world value their trademark more than their any other physical assets and want to protect it through

This Infographic guide has everything you need to know about registering a Trademark in India (Step-by-step).

#1What is Trademark?

Trademark means a logo, brand name, product name, website name, word or punch line by which customers recognize or differentiate the products or services of one company from another.

#2What is a Trademark Registration?

Trademark registration means legally getting the right to use the brand name or trademark by getting a registration certificate from the Indian Trademark office.

#4What can be applied as Trademark?

A) Any word, title, symbol, label, name, signature, numeral or any combination thereof

B) Any Slogan or Punch Line used to describe a product/service in a better manner

#5Who is Eligible to Apply TM?

The trademark can be applied by anyone who uses or proposes to use the brand name for commercial
purpose.

The trademark owner can be an individual, business organization, charitable trust or Government agency.

#6Different Types of Trademarks in India

There are two types of Trademarks; Conventional Trademarks and Non-conventional Trademark

Conventional Trademark also known as a traditional trademark, is a regular set of trademarks consisting of:

  • Word Mark
  • Device Mark /Logo Composite Mark
  • Font or Letter Trademarks
  • Signature Trademarks
  • Slogan or Punchline Trademarks

Non-conventional trademark also known as a non-traditional trademark, is a new type of trademark which does not belong to regular category of trade mark, and is often difficult to register, but which may uniquely identify the origin of products or services.

  • Color Trademark – means a trademark in which color is used to uniquely identifying the commercial origin of products or services. Coca-Cola has its iconic red and white scheme trademarked.
  • Sound Trademark – sound clips that are source identifying may be protected as marks. Examples are Movie and TV studio sound clips. Sound trademarks also known as aural trademarks
  • Scent Trademark – means the scents which are unique in non- utilitarian products can be applied as Scent Trademarks. For example, scents are utilitarian for air fresheners and perfumes, but not for sewing thread. Hence, Scent Trademarks can be applied for sewing thread but not for air fresheners and perfumes.
  • Motion Trademark – where a series of motions by digital imagery are used for identifying source.
  • Hologram Trademark – Hologram means a three-dimensional (3D) image when used to identify the source or owner of the product or service can be applied as Hologram trademark.

#7Benefits of Registering a Trademark?

Brand name is the most valuable asset of the Company. Many brands in the world value their trademark more than their any other physical assets

Brand value is derived only when the company has absolute right over the brand name through trademark protection.

Protecting the name is equal to protecting the business.

  • Protection against Copycats: Nobody will dare to copy your brand name once it is a registered trademark
  • Helps in expansion of business and growth
  • Trademark can be rented and royalty can be earned under licensing agreement. Franchising model solely depends upon trademark licensing.
  • Helps in image building and credibility in Market
  • Customers give more preference to registered brands with TM tag

#8Trademark Search for brand name – How to do Steps?

Step # 1: Search in Google-

to check if there is a company or brand already existing in the Industry in which you are operating or planning to register a trademark.

Step # 2: Search for Website domain name-

for the word you wish to apply for trademark. Check, if the domain name with the extensions of .com, .in, .co.in is available for booking.

Step # 3: Search for Social media account/handles-

in major social media site like Facebook, Twitter, Linkedin, Google+ and You tube

Step # 4: Coined words (like mixing of two words)

Are highly recommended for successful trademark registration.

If you have done above 4 steps thoroughly and have chosen 2-3 names, 50% of your effort in selecting a valuable brand name is over.

Now, it is important to see if the selected name is legally registrable.

How do you know that?

Step # 5: Trademark Public Search at the Indian Trademark Database:

Before searching the availability of trademark in Indian Trademark database, you need to identify the class of trademark under which your business falls.

Now Click here to do

Trademark Search

#9What is Trademark Class and Classification?

Trademark Class means a category of goods or services into which the applicant wants to register the trademark.

Trademark Classification means the process of identifying the exact class into which the products or services of the trademark applicant falls.

Broadly the Trademark classes fall under three categories.

  • Manufacturers: (Class 1 to 34), under this category the applicant/brand is involved in the process of manufacturing AND trading of tangible (visible) goods and products like pharmaceuticals, textiles, food grains, furniture making etc.
  • Traders (Class 35) under this category the applicant/brand is involved in the marketing or distribution of OTHERS goods and services. Shop owner, super markets, multi brand show rooms etc.
  • Service Providers (Class 35 to 45) under this category the applicant/brand is involved in providing intangible (Invisible) services like Legal services, Business Consultants, Architects, Fashion designers, Media services, Software, Healthcare, Education, Financial services etc.

Identifying under which exact class your business/product/service whose name is to be applied for trademark is important.

Wrong classification may lead to waste of time, money and losing of your brand name to your competitor.

It is important to know that very closely associated businesses may sometime fall under two different classes: Designing website and providing hosting services fall under Class 42, however domain registration services fall under Class 45.

One has to apply trademark under both these classes to get complete protection of the brand name

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