Trademark Registration

Trademark Registration

What is a Trademark?

A trademark is a sign, logo, word, name, symbol, design, phrase, or combination thereof, that distinguishes one’s goods or services from those of others. It creates brand identity and recognition in the market.

Examples:

Nike’s “swoosh” logo
Amul’s word mark
Tata’s name & device mark

Governing Law

Trademark registration in India is governed by the Trade Marks Act, 1999 and rules framed thereunder. It is administered by the Controller General of Patents, Designs, and Trade Marks (CGPDTM) under the Ministry of Commerce & Industry.

Types of Trademarks

1. Word Mark

Meaning: A word mark consists of one or more words, letters, or numerals.
Protection: It protects the textual part of the trademark regardless of its style, font, or color.
Example: “TATA” for automobiles; “AMUL” for dairy products
✅ Advantage: Broadest protection since it covers the word in all styles.

2. Device / Logo Mark

Meaning: A logo, image, or design used to represent a brand.
Protection: It protects the specific artistic style, design, or visual representation.
Example: Nike’s “Swoosh” logo; Apple’s “bitten apple”
✅ Important for brands where visuals are the main identity.

3. Composite Mark

Meaning: A combination of words + logos + devices.
Protection: The mark is protected as a whole (word + logo), but not individually unless applied separately.
Example: “Starbucks” with its green mermaid logo; “McDonald’s” with its yellow “M” arch
⚠️ If the word or logo is used separately, they may not get protection unless filed independently.

4. Service Mark

Meaning: Used for services rather than physical goods.
Protection: Protects service providers in industries like banking, hospitality, education, etc.
Example: “Airtel” for telecom services; “Taj Hotels” for hospitality

5. Shape Mark

Meaning: Trademark protection for the shape of goods or packaging, provided the shape is distinctive and not functional.
Example: Coca-Cola bottle shape; Toblerone’s triangular chocolate shape
✅ Helps in brand recall when packaging itself becomes an identity.

6. Pattern Mark

Meaning: A trademark consisting of a specific pattern that distinguishes goods/services.
Example: Louis Vuitton’s checkerboard pattern; Burberry’s plaid design

7. Sound Mark

Meaning: Sounds that are distinctive and directly associated with a brand.
Protection: Registered in an MP3 format (with graphical representation of sound notes).
Example: Nokia’s ringtone; ICICI Bank’s corporate jingle

8. Color Mark

Meaning: A specific color or combination of colors associated with a brand.
Condition: Must be uniquely identified with the brand and not be common usage.
Example: Cadbury’s purple (Pantone 2685C); Tiffany’s blue box

9. Collective Mark

Meaning: Used by a group/association to represent its members and ensure quality/standards.
Example: “CA” mark for Chartered Accountants (India); “CPA” mark for Certified Public Accountants

10. Certification Mark

Meaning: A mark given to products/services that meet certain standards, certifying origin, quality, material, or method of production.
Example: ISI mark for industrial products; AGMARK for agricultural products; Woolmark for pure wool

11. Well-Known Mark

Meaning: A mark that has gained global recognition and is well-known to the public at large. Even if not registered in India, it enjoys protection.
Example: “Google”; “Mercedes-Benz”; “Coca-Cola”

Summary Table of Trademarks

Type of Trademark	Example	What it Protects
Word Mark	TATA, AMUL	Words / text
Logo / Device Mark	Nike Swoosh, Apple logo	Design / symbol
Composite Mark	Starbucks + logo	Word + design combo
Service Mark	Airtel, Taj Hotels	Services
Shape Mark	Coca-Cola bottle	Shape of goods
Pattern Mark	Louis Vuitton checks	Patterns
Sound Mark	Nokia ringtone	Sounds
Color Mark	Cadbury purple	Specific color
Collective Mark	CA, CPA	Association members
Certification Mark	ISI, AGMARK	Quality certification
Well-Known Mark	Google, Mercedes	Global recognition

Benefits of Trademark Registration

✅ Provides exclusive rights to use the mark.
✅ Builds brand recognition & goodwill.
✅ Legal protection against misuse/infringement.
✅ Can be licensed or franchised for business expansion.
✅ Can be used as a security/asset.
✅ Right to use the ® symbol after registration.

Trademark Registration Process in India

Step 1: Trademark Search
Conduct a search on the IP India website to check if a similar mark exists.

Step 2: Choose Class
Trademarks are registered under 45 classes (as per NICE Classification).
Classes 1–34: Goods.
Classes 35–45: Services.
(Example: Class 3 = Cosmetics, Class 9 = Software, Class 25 = Clothing, Class 41 = Education, Class 43 = Hotels & Restaurants).

Step 3: Application Filing
File TM-A Form online/offline with details: applicant, logo/word, class, description of goods/services, power of attorney (if agent/attorney files).

Step 4: Examination
Examiner checks for conflicts, distinctiveness, compliance.
May raise objections (Section 9/11) for similarity or lack of distinctiveness.

Step 5: Reply to Examination Report
If objection raised, applicant must respond within 30 days.
Can also request a hearing if reply not accepted.

Step 6: Advertisement in Trademark Journal
If accepted, trademark is published in the TM Journal for 4 months.
Public can oppose within this period.

Step 7: Opposition Proceedings (if any)
If someone files opposition, case goes before Registrar.
Both parties submit evidence & arguments.
Registrar decides whether to approve/reject.

Step 8: Registration & Certificate
If no opposition (or decided in applicant’s favor), trademark gets registered.
The Registration Certificate is issued with the Trademark Registry Seal.

Validity & Renewal

A trademark is valid for 10 years from the date of application.
Can be renewed indefinitely every 10 years by filing Form TM-R with prescribed fees.

Fees (as of current rules)

Individual/Startup/Small Enterprise: ₹4,500 per class (online).
Company/Other Applicants: ₹9,000 per class (online).

Symbols Used

™ (TM) – Used after filing application (pending registration).
® (R) – Can be used only after successful registration.
SM – Used for service marks (services instead of goods).

Grounds for Refusal

Absolute Grounds (Section 9):
- Descriptive, generic, non-distinctive marks.
- Marks that hurt religious sentiments.
- Marks prohibited under law or deceptive in nature.

Relative Grounds (Section 11):

- Identical or similar to an earlier trademark.
- Likely to cause confusion in the minds of public.