In today’s modern world, consumers are inundated and continuously exposed to trademarks in everyday life. Consider the terms Airtel, Paytm, Band-aid, Pampers, Xerox and Maggi, to name but a few; consumers subconsciously regard these trademarks as the actual products rather than as their respective brands. So, how do you trademark a name, and what are the benefits of trademark?

The process of trademark registration in India is now possible and convenient such that you can trademark any one of the below things or even a combination of the following:

– Letter, 

– Word

– Number

– Phrase

– Graphics

– Logo

– Sound Mark

– Smell or a mix of colors 

 The trademark registry was established in 1940 then came the Trademark Act which was passed in 1999. Currently, the trademark registry works as the operation or functional body of the Act. Or it can also be said to be working side by side. As a functioning body, the trademark registry implements all the rules and regulation of the trademark law in India.

The Head Office of the trademark registry is in Mumbai and it has branch offices in Delhi, Ahmedabad, Chennai and Kolkata. These 4 branch offices work like a zonal office, for example Delhi office serves to Delhi, Haryana, Rajasthan, Uttar pradesh, etc. Similarly Chennai Office serves Karnataka, Tamil Nadu, Andhra, Telangana, Kerala, etc. When registering a trademark, it is registered under the Trademark Act, 1999 and then the registry of trademarks registers it. In this process, the registry will check whether the registering mark meets all the conditions of the Act before registering it.

However, these goliath companies weren't born with this monopolistic association between brand and product. Not only did they think up a name, sign, design, or expression which resonated with their product concepts, they also registered their intellectual property as trademarks. This then raises the question of how trademarks facilitate the success of startups and the benefits of trademark registration in the long run.

Q.1. How to Register a Trademark

Registration of a trademark is done by the registry of the trademarks. It can be done in both online and offline modes. Though Offline mode is directly costly, it is beneficial for individuals filing their trademark by self.

Let’s give it a step by step approach:

Step 1: Choosing a trademark:

Remember to choose a unique and distinctive mark that will represent your company. If you choose a brand like A2Z Store, or Best Courier service, then your brand is definitely going to get rejected, because it is too generic. The other important point is identifying which class you belong to. Currently, there are 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods and classes 35-45 are for service. You can find the class list here

Step 2: Mark search:

    Once you have chosen your mark it is advisable to conduct a search to check whether your chosen mark is similar to an already registered mark. You can either do this yourself by going to the online website of the Controller general of patents, designs and trademarks. On the website, you can find an option to do a public search. Once You are confident of the genuinity of your mark you need to choose your class and search the online database.

    The other option is to get legal services from some Intellectual Property Attorney (I.P. Attorney like Shivesh Jha), although you will have to pay for his services, this is the safer option.

    Overall legal services will cost less in case your trademark is objected against. Not only will they do the search, they will also help you with the whole process.

Step 3: Filing application:

There are two options you can take while filing for a trademark: viz. Online Mode & Offline Mode

Online Mode:

Individual Applicant- (Applicant is either Individual or a Proprietorship Firm) 

– File for a trademark under  your particular choice class. Meaning the trademark will be registered only for the specific class that you have chosen. In this case, you have to fill in form TM-A. The fee payable for the filing of form TM-A is rupees ₹4,500+ transaction fee(Debit Card approx ₹10, Credit Card ₹50, UPI ₹0). You can find all the amounts payable for the corresponding forms while making the payment.

Company Applicant - Online

– File for a trademark under  your particular choice class or classes. Meaning the trademark will be registered only for the specific class or classes that you have chosen. In this case, you have to fill in form TM-A. The fee payable for the filing of form TM-A is rupees ₹9,000+ transaction fee(Debit Card approx ₹10, Credit Card ₹50, UPI ₹0). You can find all the amounts payable for the corresponding forms while making the payment.

Offline Mode:

Individual Applicant- (Applicant is either Individual or a Proprietorship Firm) 

– Trademark Application form is available on the IP website. You need to duly fill it with all the relevant information. Make sure to deposit it in duplicate at the Trademark Counter or courier to Registrar of Trademark Registry. The fee payable for the filing of form TM-A is rupees ₹5,000/- in cash or you can also make a demand draft payable to the same. You can find all the amounts payable for the corresponding forms while making the payment.

Company Applicant - Online

– File for a trademark under  your particular choice class or classes. Meaning the trademark will be registered only for the specific class or classes that you have chosen. In this case, you have to fill in form TM-A. The fee payable for the filing of form TM-A is rupees ₹10,000/-. You can find all the amounts payable for the corresponding forms while making the payment.