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How To Register A Trademark

Writer's picture: lead indialead india
4 days ago4 min read

A trademark is a set of features that distinguishes one company's goods and/or services from those of another. Trademarks are considered intellectual property rights and are protected by both national and international laws.


Examples of trademarks- include Nike's "Swoosh" emblem, McDonald's arched M, and Apple computers' bitten apple sign, among others.


The term "mark" is defined as "a device, brand, heading, label, ticket, name, signature, word, letter, or numeral" in Section 2(1)(i)(V)(m) of the Trade Marks Act of 1999. Under the Act, the term "Mark" encompasses the shape of goods, packaging, color combinations, and any other type of combination.


Section 2(1)(i)(viii)(zb)(i) of the Trademarks Act of 1999 mentions registered trademarks for products and services, as well as the right to use the mark as the proprietor.


According to Section 2(1) (i) (viii) (zb) (ii) of the Act, a person has the right to use the mark as a proprietor or a permitted user, with or without disclosing his or her identity. In this context, the proprietor or an approved user may utilize a certification trademark or a collective trademark.

The functions of a trademark

  • For starters, a trademark identifies the source or origin of the commodities, products, or services. In this example, it is assumed that any given good can only have one source.

  • It assures consumers about the quality of items wearing the trademark.

  • Aside from the quality, which is tied to the product's goodwill, the trademark also promotes brand awareness and serves marketing and advertising reasons.

  • Provides legal protection and prevents counterfeiting and fraud against a certain brand.

  • Finally, trademarks are utilized to differentiate one product from another. This distinguishing feature falls under uniqueness. The aim is that trademarks will differentiate marketed goods and services from those of competitors.


Trademarks under Indian law

As previously stated, the Trade Marks Act, of 1999 governs trademarks in India. In India, trademark registration is not required because a trademark's life is mostly determined by its actual use. According to Section 47 of the Trade Marks Act of 1999, a trademark may be removed from the registry due to non-use. However, registering a trademark provides more legal protection. A trademark's original registration is for ten years, however, it can be renewed indefinitely by paying renewal costs as stipulated in Section 25.


How to Register a Trademark

  • Application for Registration: The trademark owner should apply for registration of the trademark with the appropriate fees in the office of the trademark registry whose territorial boundary or jurisdiction the primary place of business will be located. A single application can be lodged to register a trademark for many classes of goods and services. As a result, the registration fee for each such class of goods or services will be determined separately.

  • Advertisement for application: Section 20 states that after the Registrar accepts an application for a trademark and there are no discrepancies or revisions to the application, it must be advertised in the official Gazette. The provision also states that if an application is marketed before approval, any errors in the application shall be corrected after it is accepted. The advertisement's objective is to allow interested parties to file an opposition if it impacts their trade interests.

  • Opposition to registration: According to Section 21 of the Act, any person may file an opposition by submitting a written notice to the Registrar and paying the necessary fees within four months of the date of the advertisement or re-advertisement of an application for registration. The Registrar will then serve a copy of the notification to the applicant, who must respond within two months. The Registrar should provide a copy of the counter-statement to the person who filed an opposition.

  • Correction and modification of the application: Section 22 of the Act states that the Registrar either must allow the correction or amendment of any errors in an application for registration, before or after it is accepted. However, if the amendment is made in connection with a single application under Section 18(2) that involves the division of such application into two or more applications, the date of the initial application should be considered the date of the divided applications.

  • Registration of the application: The penultimate and final step after fulfilling all of the paperwork is to register the trademark application. According to Section 23, if an application for trademark registration is accepted and no notice of opposition is filed, the time for filing a notice of opposition has expired, or the opposition has been decided in favor of the applicant, the registrar must register the trade mark within eighteen months of the application's filing if the Central Government does not object.


Advantages of Registering Trademark

  • In India, trademark registration allows individuals and organizations to establish ownership of a unique and distinctive mark that they intend to use to market their products or services. By successfully registering their trademark, they receive important intellectual property rights, which offer them legal protection and exclusivity in the use of that mark.

  • According to Section 28 of the Act, obtaining a trademark registration grants the proprietor the exclusive right to use the registered mark in connection with the specific goods or services covered by the registration.

  • Under Section 29 of the Act, trademark registration provides significant legal protection against infringement. With a registered mark, the proprietor has a distinct advantage in pursuing their rights in the event of illegal usage or attempts to pass off a similar mark.


Lead India offers various legal services, such as free legal advice and internet information. We provide a facility in which you can talk to a lawyer and ask legal questions regarding the law here. Lead India's lawyers can assist you with any legal issues. In India, Lead India provides free legal assistance online. In addition to receiving free legal advice online, Lead India allows users to pose inquiries to experts for free.


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