Is Trademark Registration Compulsory?
Fast. Easy. Affordable!
Largest Copyright filing firm in India
File your Trademark today for just ₹1499 + Govt Fee.
Easy Filing Process
Call Now : +91 9854020728
Get Quote Instantly in a Minute
- A Government Licensed Firm
- 4.8/5 Google Ratings
- All Over India services
- Excellent Consulting persons
HERE'S HOW IT WORKS
1. Fill form
2. Call to discuss
3. Get Trademark
Is Trademark Registration Compulsory?
Branding plays a vital role in differentiating products and services. A well-established brand identity attracts customers and cultivates trust and loyalty. One of the most valuable assets a company can possess is its trademark.
However, many entrepreneurs and business owners wonder whether trademark registration is compulsory or an optional safeguard. In this comprehensive article, we will get into the very fundamentals of trademarks, examining their significance, the registration process, benefits, and whether it is mandatory for all businesses operating in India.
What is a Trademark?
A trademark is a recognizable symbol, word, phrase, design, or combination thereof that distinguishes the goods or services of one business from those of others. It serves as an essential tool for brand identification, consumer loyalty, and market differentiation. Trademarks enable consumers to associate specific products or services with a particular company, building trust and credibility.
The Significance of Trademark Registration
Protecting Brand Identity
Trademark registration is a critical step in safeguarding brand identity. By registering a trademark, businesses acquire exclusive rights to use that mark in connection with specific goods or services, protecting it from unauthorized use by competitors. This exclusivity helps preserve the uniqueness and reputation of the brand.
Exclusive Rights and Legal Presumption
Trademark registration in India grants the owner exclusive rights to use the mark nationwide for the specified goods or services. Additionally, registration creates a legal presumption of ownership and validity, making it easier to enforce the trademark against potential infringers.
Deterrent Against Infringement
Registered trademarks are listed in official databases, making them easily searchable by potential infringers. This public record acts as a deterrent, discouraging others from adopting confusingly similar marks, which could lead to brand dilution or confusion in the market.
Trademark Registration Process in India
STEPS INVOLVED IN TRADEMARK REGISTRATION
1.TRADEMARK SEARCH
The first step in the trademark registration process is the trademark search which is required to ensure that your mark is not similar/deceptively similar to any other mark to avoid conflicts in future.
2.TRADEMARK FILING
After successful search, trademark is filed in the form TM-A, with attached documents like TM-48, Affidavit, Invoice, MSME certificate etc. either offline or online. Online trademark registration for brand name and logo is quick and effective. In case of an online filing, acknowledgement receipt with application number is instantly generated on the government portal. After receiving acknowledgement, one is eligible to use TM symbol beside the brand name.
3.FORMILITIES CHECK PASS
If the basic requirements of the trademark application are complied with like filing of TM-A, power of Attorney, user document, Affidavit, proper fees, translation and transliteration of the mark etc. the status reflects “Formalities check pass”, otherwise the status shows “Formalities check fail”. If status is “check fail”, all the objections to be complied within the prescribed period to keep the application alive.
4.VIENNA CODIFICATION
This stage of application for device mark only. The moment a logo/device/artistic work is filed, same is send to Vienna codification process to be conducted by Trademark Registry. The main purpose of such an exercise is to prevent duplication of the logo/device etc.
5.MARK FOR EXAM
In this stage, trademark application is assigned to the examiner, who either issue examination report or accept the application. If the application is accepted, the same is published in the Journal for objection.
An examination report of a trademark is issued by an Examiner on the following grounds:
- Mark is objectionable under Section 9 of the Trademark Act (absolute ground)
- Mark is objectionable under Section 11 of the Trademark Act (relative ground)
- Whether any condition, limitation or restriction is required to be imposed.
Whenever an examination report is issued, appropriate reply to be submitted within one month to keep the application alive.
6.OBJECTED
In this stage, application is kept waiting for hearing. Application which reply are submitted generally show the status “Objected”. The applicant is required to submit Affidavit, user documents etc. before the hearing.
At the time of hearing, hearing officer will hear the arguments of applicant/attorney/agent and pass necessary orders accordingly.
7.ACCEPTED & ADVERTISED
If the hearing officer accept the trademark application, the status will reflect “Accepted”. After acceptance, the trademark is published in the Trademark Journal published weekly and contains the details of all trademark that has been accepted by the department. The waiting period of a trademark in the Journal is 120 days. During this period, third party can raise objection against a trademark by filing an opposition within the Journal period.
8.REFUSED
If the hearing officer for any reason, do not accept the application, it is refused and status will reflect “Refused”. There is scope for review of the refusal order before the Registrar of Trademarks if sufficient grounds exist.
9.OPPOSED
In case, after the advertisement of the trademark in the Journal, a third party files an opposition to the registration of the trademark within the 4 months from the date of advertisement then the trademark status in the Indian trademark registry website will show as ‘Opposed’.
A third party usually files an opposition when there is a similar trademark published in the journal or if the trademark is alleged to be deceptively similar.
The trademark status changes from “Accepted & Advertised” to “Opposed”, after a notice of opposition is filed by an opponent (third party). The notice is served on the applicant which states the ground of opposition on which the opponent rely.
After receiving the notice, applicant is required to file counter statement within 2 months from the date of receipt of the notice of opposition. If no reply is submitted within 2 months by the applicant, the status changes from “Opposed” to “Abandoned”.
10.WITHDRAWN
The status of a trademark application is reflected as “Withdrawn”, when the applicant voluntarily files an application before the Registrar of Trademarks to withdraw the trademark.
11.REMOVED
The status of a trademark is reflected as “Removed”, when the Trademark is permanently removed the trademark registry. The removal can be for various reasons like non –renewal of the trademark, non-use of trademark, trademark remaining wrongly in the registry etc.
12.REGISTERED
When there is no objections or opposition against a trademark within the stipulated period of Journal publication, the trademark is registered, granting the owner the exclusive rights to use the mark with symbol ® with the specified goods or services.
13.RENEWAL
Trademark registration is valid for 10 years and can be renewed indefinitely. It is safe to renew the trademark before expiry to avoid penalty.
Is Trademark Registration Compulsory in India?
In India, trademark registration is not legally compulsory. Businesses may acquire common law rights by using a mark in connection with their goods or services, even without formal registration. However, registering a trademark offers several significant advantages such as:
- Nationwide Protection: Registration grants exclusive rights throughout India, providing broader protection than common law rights limited to specific geographic areas.
- Legal Presumption: A registered trademark enjoys a legal presumption of ownership and validity, simplifying enforcement actions.
- Deterrence Against Infringement: The existence of a registered trademark acts as a deterrent against potential infringers.
- Use of ® Symbol: Registered trademarks can display the ® symbol, signifying federal registration and bolstering the brand’s credibility.
- Protection in Court: Registration strengthens the legal position in case of litigation or infringement disputes.
- Commercial Benefits: Registered trademarks are valuable assets that can enhance a company’s reputation, value, and business opportunities.
Exceptions to Compulsory Registration
While trademark registration offers numerous benefits, businesses operating in India may still choose not to register their marks. Common law protection arises through regular usage, and unregistered marks can be protected through actions like passing off and infringement suits.
Maintaining and Enforcing Trademark Rights
Renewals and Protection Period
In India, trademark registration is valid for ten years from the date of filing. To maintain protection, the trademark must be renewed at the end of each ten-year term. Continuous usage and renewal are critical to preserving trademark rights.
Enforcement Against Infringement
Once a trademark is registered, it is crucial to monitor the market for potential infringement. If infringement is detected, the trademark owner can take legal action, seeking remedies such as injunctions, damages, and destruction of infringing goods.
Misconceptions about Trademark Registration
- Immediate Protection: Trademark registration takes time, and the process must be completed before enjoying full legal protection.
- One Registration For All: Each trademark application is specific to the goods or services listed in the application, and separate registrations may be required for different classes.
- Forever Valid: Trademark registration requires timely renewal to maintain protection, and failure to renew can lead to its removal from the register.
Conclusion
While trademark registration is not compulsory in India, the advantages of registration are substantial. It provides businesses with exclusive rights, legal presumptions, and a stronger position to enforce their trademarks. By understanding the trademark registration process and the benefits it offers, businesses can make informed decisions to protect their valuable brands and intellectual property in India. Remember, safeguarding your trademark is not just a legal obligation; it is an invaluable strategic move that can secure your brand’s success and reputation in the competitive world of commerce.
FAQs on Trademark Registration
They are protected by Trademarks Act, 1999 and so more secure and protected.
Yes, but it is advisable to register the same immediately.
Registered trademark.
