TradeMark Registration

If you're starting a new business or trade, a logo, name or signature is the first thing you choose to separate yourself from the rest. A "Trademark" is that symbol you will use to do so. Registering a Trademark is a legal process provided for under the Trade Marks Act, 1999. In this week's column, we will breakdown the process of registering your own Trademark, if your business is applicable for the same.
The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country.
The objective of the Trade Marks Act, 1999 is to register trade marks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark.
Types of Trademarks available

  • - Names, including your own name or surname.
  • - An invented word or any arbitrary dictionary word or words. It does not need to be descriptive of the character or quality of the goods/service.
  • - Letters or numerals or any combination.
  • - Symbols
  • -  Monograms
  • - Combination of colours or even a single colour in combination with a word or device.
  • - Shape of goods or their packaging.
  • - Marks constituting a 3-dimensional sign.
  • - Sound marks when represented in conventional notation or described in words by being graphically represened

How to get your Trademark Registered ?

Step 1: A Trademark application has to be filed before the Registrar of Trade Marks. It should be filed at the office of the Trade Marks Registry corresponding to the principal place of business of the applicant.
Step 2: An application can be filed by the proprietor of the business for use by the proprietor or his business. You can file either in the name of the proprietor or in the name of the business.
We often guide applicants to apply in their personal name if they are unsure about the prospects of the business but have a very catchy name. So for instance, if you have the name “Bangalore Bajji Balle Balle” (or any other funny and catchy name) but don’t know if your restaurant will succeed because of the competition, you should choose to apply in your own name. In case things do not work out, you can always use the name for your next venture. If the Trademark is in the name of the Company, it usually dies with the Company.
Step 3: While applying for the Trade Mark Registration, the proprietor has to define the class under which he wants his product / service to be classified. The classification has to be done according to Schedule 4 of the Trade Marks Rules, 2002
Step 4: Finally, once the work is done, you need to pay the fees associated with the Trademark.