What is Trademark Registration Overview

Trademarks are special unique signs that are used to identify and differentiate goods or services provided by a business. They can be designs, pictures, signs, words or even expressions. It is important because it differentiates your products from the competition. It can be associated with your brand or product. Trademarks are classified as intellectual property and therefore are protected from infringement. Trademarks and its rights are protected by the Trademark Act, 1999.

To get the protection of trademark rights under the Act, one has to register the trademark. It is important to register your trademark because it prevents others from copying your mark and misrepresenting other products with your mark. Trademarks help the customers to recognise the brand and the brand value in one look such as the logo of a tick sign for Nike or a jumping wildcat for Puma etc.

Unlike patents, trademark does not have a definite limitation period. Where a patent expires in 20 years a trademark registration expires after 10 years of its registration, but unlike patents, a trademark can be renewed again for another 10 years. This process can be indefinitely done, meaning as long as you keep renewing the trademark it will not expire and will continue to be under the protection of the Act.

What Can You Register As a Trademark?

Many aspects of your brand image can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers. Pick that aspect(s) for registering.

1. Name
2. Product Name:You can register a particular product’s name as a trademark. Apple’s iPod is a product name trademark.
3. Business Name:Registering a company name as a trademark is the most common route businesses take. Ex: Bajaj.
4. Person’s Name/Surname:If your name plays an important part in generating revenue, then you can even trademark your name! Ex: Shah Rukh Khan has trademarked his name.
5. Abbreviations:Abbreviations of a company or brand name can also be a trademark. Ex: BMW.
6. Logo/Symbol

It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of a logo trademark is the ‘swoosh’ of Nike.

3. Tagline

If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC’s ‘It’s finger lickin’ good’.

Documents Required For Trademark Registration

1. Proof of Applicant
2. Brand Name & Logo
3. User Affidavit
4. Proof of TM Use
5. MSME /Startup Recognition

Benefits Of Trademark Registration

1. Protection against Copycats
2. Registered brand is Most valuable asset of the Company
3. Helps in expansion of business and growth
4. Helps in image building and credibility in Market
5. Advertises Goods and Services