Trademark is a kind of Intellectual Property of a business in form of a name, word, label, logo, slogan, symbol, numeral or device used to differentiate its goods or services from the other goods or services of similar form or use. A Trademark, when registered, becomes the Intellectual Property used for commercial purposes by the company and gives certain Intellectual Property Rights (IPR). These IPRs prevents anyone from using, selling, copying or distributing the registered Trademark without proper permission or license.
A Trademark registration can be done if it is distinctive and original. Any mark that is identical or similar to an already existing registered Trademark cannot be registered. Any trademark that is deceptive, offensive, generic or containing a protected emblem cannot be registered. The Trademark Act, 1999 lays down the provision for registration of Trademark and the Controller General of Patents Designs and Trademarks deals with trademark registration in India. Once the ® symbol is assigned to the Trademark, it is valid for 10 years, which can be easily renewed for another 10 years.
The process to register a Trademark online includes preparing an application for Trademark registration after all the documents are submitted. After this, the application or the Trademark registration form is submitted to the Trademark Registrar for approval. The owner can start using the Trademark immediately after the application is submitted. The application is then processed and open to objections. In case of no objections, the Trademark Registrar publishes an advertisement in the trademarks journal and after 6 months, the Trademark is registered.
The documents needed to register a Trademark online includes the following:
- Identity proof like Aadhaar card, Voters ID card, Passport or Driving License.
- Business proof like Registration Certificate, Partnership Deed or Certificate of Incorporation.
- The word, logo or slogan to be registered.
- User Affidavit
- Power of Attorney