Trademark is simply any symbol, logo, signature, numerals or the like which represents and identifies one’s business. Manufacturers and other service businesses utilise trademarks to distinguish and identify their products and business from the plethora of products in the market. They are identified to develop an emotional connection between the product and the customer, based on which bonafide customer relations are built. Further, a recognised brand or symbol can be easily promulgated in social media and other advertising forums to gain popularity and increase marketing strategy. As such, trademarks are vital assets for the value and expansion of one’s business.

Trademark registration is conducted by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. The registration is conducted in accordance with the Trademark Act, 1999. A trademark can be applied by any individual, company or legal entity who can legitimately claim ownership of their business. The average time utilised by the trademark registration forum is 18 - 24 months, during which one can use the ‘TM’ symbol to denote that trademark registration is pending. Post successful registration, the trademark remains valid for the preceding ten years after which one can apply for renewal. 

Under Indian Trademark laws, the primary categories of trademark include sound marks (in audio format), any combination of letters, numerals etc, any shapes, images, monograms, any name or symbol and any other coined words provided it does not provide a direct description the product. Further, during trademark filing, the applicant must mandatorily submit, (i) a copy of the trademark, (ii) all relevant details of the applicant including name and address, (iii) details about the goods or services applied for registration, (iv) the date on which trademark has been used initially, (v) and the power of attorney which is signed by the applicant.

Owing to the vital importance of a trademark for your business, the following aspects ought to be considered when filing an application for a trademark:

1. Choosing a trademark in accordance with the legislative mandates 

The most challenging and perhaps the most important step is to identify and create a trademark which is not similar to or resembles any other registered trademark. The common test to determine this is to consider whether the trademark will cause confusion among the general public when identifying the products. This requirement is incorporated within Section 11 of Trademark Laws. Further, the proposed trademark should not violate the provisions of Section 9 of the laws. This includes, uniqueness of the proposed trademark, it should not create confusion in the general public, it should not offend any religious beliefs or other public sentiments. Further, the proposed mark should not resemble any banned words, symbols or gestures. This condition is coupled with a general search on whether the proposed trademark is available to be filed for trademark registration. In cases where the said trademark has phonetically similar names or logos with other trademarks in the market, it will cause a direct infringement of trademark laws.

1. Protection of Intellectual Property

Owing to the rapid growth of businesses, brands and start-ups in the era, it is recommended to file the trademark at the earliest possible time. This will ensure that your brand is protected from infringement by others and maintain the uniqueness, distinction and identification of the brand.

Procedure for Filing Trademark in India

Trademark registration in India requires adherence to the following steps:

1. As mentioned above, prior to deciding a trademark, one ought to engage in a market search to identify whether the selected trademark is unique and does not infringe the rights of others. After finalisation of the logo, the application for the trademark can be filed which may be drafted by a trademark attorney.
2. Generally, a trademark registration process takes 18-24 months for its completion. As per the Trademark laws, the government levy a fee of Rs. 4500/-for individual and small enterprises including start-ups and Rs. 9000/- for all other concerns.
3. Additionally, trademark attorney charges approximately Rs. 3500/- per application. 
4. After the completion of charges, the Trademark Office will verify the application and advertise the same in the Trade Marks Journal. A time period of 4 months will be provided for any other business entities to raise an objection against the proposed trademark. After which, if no objections are raised the trademark is registered within the preceding six months.