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Trademark Registration in India

Trademark Registration :-

If you are using a name in business you can only properly to protect it by registering it as a trademark. This will give you the exclusive right to use the name and to stop others from using it for similar business. If they do you will be able to stop them by legal proceedings and they will be liable to pay you damages by way of compensation. Trademark registration is different from company name registration at Companies House or domain name registration. Neither of these secures the exclusive right to use the name. 

Steps for Trademark Registration in India:- 

1. Trademark Search: It is advisable to conduct a trademark search for the relevant classes    before filing the application to register a trademark in order to make sure that there is no    identical or similar trademark already registered or for which an application for registration    has  been submitted. 

2. Filing of an application for registration by a person claiming to be the proprietor of a trademark,   in the office of the Trade mark Registry, within the territorial limits of the place of business in  India.

3. Examination of the application by the Registrar to ascertain whether it is distinctive and does not     conflict with existing registered or pending trademarks and examination report is issued.

4. Publication of the application after or before acceptance of the application in the Trademark     Journal.

5. Opposition by third party: After publication if any person gives notice of his/her opposition to the     registration within three months which may be extended to the maximum of one month.

6. Hearing before Registrar: If the opposition has been decided in favour of the applicant of    the   registration of trademark, the Registrar shall register the Trademark.

7. Registration of Trademark: On the registration of the Trademark the Registrar shall issue to  the   applicant a Trademark Registration Certificate.

Benefits of Trademark Registration in India:- 

Top Five Reasons to Register Your Trademark in India :-

   1. Protection of your Brand Name or Company Logo 

   2. Put Competitors on Notice

   3. Recover Damages

   4. Prima-facie evidence

   5. Right to use symbol ® indicating ownership

1. Protection of your Brand Name or Company Logo :-

Till the time your trademark is not registered anybody can get it registered in his own name claiming to be trademark owner. This is extremely useful when enforcing your trademark rights to get it registered and restrain others to use your trademark.

 2. Put Competitors on Notice :-

Indian trademark registration provides nationwide constructive notice to others that the registered trademark is owned by you. If your trademark is infringed, the infringer can not defend his conduct by arguing he did not know about your trademark.

Also, when registered, your trademark will be published in the trademark Journal. This helps prevent your competitors from adopting confusingly similar trademarks.

 3. Recover Damages :-

When you register your trademark, you may be able to recover damages from the trademark infringer.  This is called “treble damages”.  

You may also be able to recover any profits that the defendant earned while infringing your trademark.  These are serious economic penalties you can use against trademark infringers, but they are only available if you register your trademark.

  4. Prima Facie evidence :-

Indian trademark law works on the concept of prior usage, as such registration serves as the best prima facie evidence protecting your interest in trademark. If you have to sue a trademark infringer, you may be entitled to establish your claim easily.

  5. Right to use symbol ® indicating ownership :-

As soon your trademark is registered you get a right to use symbol ® indicating ownership thus like any other property like Land, building & Machinery you can sale transfer your trademark

 Sidharth Goyal February 5, 2013
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