A trademark is essentially a characteristic of your brand. It could be your brand name, your brand’s logo, or even your brand’s slogan. For example, 'Nike', the ‘Swoosh’, or the slogan ‘Just Do It’. In some cases, the brand’s name and logo are combined into one, as in the case of BMW, or Coca-Cola. That is called a Logo Composite Mark.
A trademark grants you commercial rights to sell a particular brand name in a certain sector of the economy. There are 45 sectors and each sector is called a class. For instance, Class 28 refers to Toys, Games, and Sports. So if you want to protect your toy brand, you need to make an application under Class 28 and get exclusive commercial rights, to sell your brand of toys under that class.
Documents Required for Trademark Registration
While filling a trademark with the Trademark Registrar, one has to provide the following documents.
- Name of the applicant
- Type of Business
- Main Objectives of the Business
- Name of the Brand/ Slogan/ Logo
- Address of Registration
What can be Trademarked and Who all can Apply for Trademark ?
In India, the following items can be trademarked, Sounds, Colours, Logos, Phrases, Words, Symbols, Images, Initials or a combination of all can be trademarked. The thing to keep in mind is that all of these mentioned above have to identify with the good and services of a particular business form the rest.
Trademarks can be applied by individuals, LLPs, private firms, Indian Companies and even NGOs. In the case of the company or an LLP or an NGO, the trademark has to be registered in the name of the concerned business.
Trademark Registration Process Online
FILL UP THE TRADEMARK REGISTRATION FORM
Before you begin the procedure, you need to fill up the Trademark form mentioning all the relevant details. The form asks for details about your business, in case the trademark is being registered in its name), and the logo, word, slogan you’re registering.
Before you go ahead and register, we will run a trademark search to check on the availability of your brand name or logo. If you go ahead with your trade mark registry with Vakilsearch, we ensure that a thorough search is conducted. If your brand name or logo has already been trademarked, we would also suggest ways you could modify the application so that there is no objection by the registrar.
SELECTION OF CLASS
Every brand name or logo is registered under a particular class (i.e. a sector of industry). The Trademark Registry has classified goods and services under 45 classes. For example, cars are registered under one class, while restaurants are registered under another. We will recommend the classes you should register under based on the type of business you fall under.
TRADEMARK APPLICATION FILED: GET TM NUMBER
Once you get your Trademark application filed, you will be provided with a TM number from the registrar. The TM number is important for two reasons. One is that it helps you track your application and two, it allows you to use the ™ symbol near your trademark.
Time to Complete: Two working days
AFFIXING THE VIENNA CODIFICATION
This is an important step in the Trademark process. The Vienna Classification or Vienna Codification is an international classification of the elements of marks. Once you have filed an application for a trademark, the Trademark Registrar will affix a Vienna Classification on your trademark. At this stage, the application reads,, ‘Sent for Vienna Codification”.
After your trademark is sent for Vienna Classification, the Trademark Officer will examine your trademark using certain procedures and guidelines. The officer has the right to accept the applications or out forth obligations.
Time to Complete: Two working days
HEARING BEFORE TRADEMARK OFFICER/REGISTRAR
If the officer rejects your application for a trademark, you can apply for a hearing before him. If the officer is satisfied with the points put forward by you, he will pass on your application to the next stage. If he is not satisfied, he will reject your application. In case you are not satisfied with the reason of trademark rejection, you can approach the Intellectual Property Appellate Board. For a hearing.