Trademark Registration India: An Overview

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What is Trademark?

A trademark refers to the unique identity that enables you to make your brand or product stand out from the rest of the horde. Trademark is defined as a mark represented graphically capable of distinguishing the goods or services of one person/company from the others. This may include colors, shape, brand, name, signature, letter, word, number, or combination of any under section 2 of Trade Marks Act, 1999.

You can apply for a trademark for a logo, photograph, word, slogan, smell, sound, graphics, or color combinations; however, most businesses consider trademark registration online for their logo, tagline, and brand registration. 

If you have come up with a new business idea and want to keep it from getting stolen, you can protect it by patenting it. A registered trademark is an intangible asset of your business, and it acts as a protective shield for your investment and efforts put in to create a brand or registered logo.  

In India, trademark registration is carried out by the Controller General Of Patents. The Trademark Act, 1999, offers you the right to take legal action against those who try to copy or use your trademark.

Trademark Registration: Who can Apply?

The trademark rules of India enables private firms, companies, individuals, NGO’s, and LLP’s to register items like sound, logo, phrases, words, colors, images, initials, and symbols. For companies, NGOs, or LLPs, the trademark application needs to be facilitated in the business’ name.

Importance of Trademark Registration in India

Registering your brand or business in India delivers a bunch of benefits, as discussed below. 

  • Business Opportunity

If you provide or offer a brand, service, or product under a registered trademark, it helps you present yourself as reliable and trustworthy. It helps your brand get a discreet identity, which helps you edge your competitors, and puts you on the advantage when you sell on multi-vendor platforms. 

  • Legal Protection

If you have performed your brand or logo registration and you find your trademark being copied, you can take the legal route and sue the person or company in question.

  • Unique Identity

Consumers identify products and services by the name of their brands. Trademark registration provides you with a guarantee that no other individual or company will use your copyrighted assets. 

  • Global Filing

If you register and file a trademark in India, you can file it in other countries as well. Similarly, foreigners can also obtain trademark registration in India. 

Documents Required for Trademark Registration Process in India

If you are seeking help from a trademark registration firm, you will need to sign an authorization letter, which enables the firm to prepare for the further process. During filing for the trademark e register, you will need to provide the following documents.

  • Applicant’s name
  • Business type
  • Brand/logo/slogan name
  • Registration address
  • Business objectives
  • Identity And Business Proofs
  • Using Logo With Tagline
  • Form 48

Different Types of Trademark Symbols

R Symbol: Protects the trademark from getting copied by others.

™ Symbol: It warns others from copying your name, brand, or logo, but in case your application is rejected, others can use your logo and name. 

C Symbol: For contents with no copyright issues

SM Symbol: For the service industry, is applicable for classes from 35 to 45, does not provide guaranteed protection

How much GST is charged on trademark registration in India?

In previous days, subsidiaries were allowed on logos and trademarks. In the latest GST regime, the tax department has levied 18% GST on the deemed value of transactions. In case the subsidiaries are used by the the brands, an exact evaluation is calculated to determine the amount of GST to be levied on the exact transaction, paid to the parent company at an rate of 18%.

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