Trademark Certificate: In a nutshell, trademarks are words, symbols, brand name, logos, tagline, or a combination of these and are used by manufacturers or service providers to identify their own goods and services. The primary use of trademarks is to distinguish goods or services from their own and those of their competitors. When promoted properly, a trademark may become an extremely valuable asset to a company.
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What is a Trademark Certificate?
A trademark registration certificate is the certificate given by the registrar if your trademark is approved. It is usually provided within 90 days from the date of application, provided, there are no objections.
Why do you need a Trademark Certificate?
Trademarks provide many benefits – some of which include:
- Prima-facie evidence of ownership of the trademark
- Useful as it garners goodwill
- Validity covers entire India
- Prevents others from using the trademark
- Provides the ability to sell, or license the trademark
Are there any Restrictions to Things That can be Trademarked?
The following or a combination of thereof can be trademarked:
- Word
- Letter
- Number
- Logo
- Sound Mark
- Graphics
- Phase
- Mix of colours
In this article, we shall explore more about the Trademark Certificate, its eligibility criteria application process, benefits and more.
Trademark Certificate Application Process
Individuals whose name is mentioned as the “applicant” will receive the rights as well as the owner of the trademark once it is successfully registered. Moreover, an LLP or a company can be an applicant as well. Following are important details and processes about trademark certificates.
- Choose a unique and distinct trademark. Goods and services and grouped into 45 classes. Classes 1 to 34 are explicitly reserved for goods while classes 34 to 45 are for services. Details about the classes can be found here.
- Once you have decided on your trademark, perform a preliminary search to ensure that no other company with a similar or deceptively similar trademark exists. This can be done by visiting the controller general of patents, designs and trademarks. Alternatively, you can approach legal services to help with the entire process.
- The next step involves filing the trademark – in case your service or goods extend to only one of the above-mentioned classes, you will have to fill a form called the TM-1. The application fee for this form is INR 3,500. Alternatively, if your trademark covers multiple classes, then you will have to fill the form TM-A. The cost of application for the latter ranges between INR 4,500 (Individual/ small enterprise) to INR 9000 (Medium and large enterprises). Please note that additional charges may apply if you do plan to file the form physically.
Documents Required for Application of Trademark Certificate
The following supporting documents must be submitted during the application process:
- Business registration proof (address proof and identity proof of the company’s directors/ identity proof of the proprietor)
- Soft copy of the trademark
- Power of attorney, which is to be signed by the applicant
- Proof of claim (if applicable)
Note – the applicant whose name will be mentioned in the application form will be the owner of the trademark.
Trademark Registration Process
You can either register manually or through e-filing.
- Manual Registration – You will have to submit your application to the Registrar Office of Trademarks, which are located in most major Indian cities. The receipt of acknowledgement will be given after 10-20 days from the date of submission.
- E-filing Registration – This process is much more time-saving as the receipt of acknowledgment will be provided almost instantly.
After receiving the acknowledgement, you can legally use the (™) symbol next to your brand name. Your trademarked name will also be published in the Indian Trademark Journal. This is the most important part of the registration as there must not be any opposition within 90 days from the date of publication. If there are no objections or oppositions, then the Registrar will approve your application and you can begin using the ( ® ) sign next to your trademark.
Important Trademark Symbols You Need to Know
- (™) Trademark and (SM) Service Mark – This implies that the trademark is currently undergoing the process of registration. There are no legal implications, but it is generally put up to warn third parties.
- ( ® ) Symbol – This implies that the trademark is registered and any infringement by a third party can invite legal actions.
- ( © ) Symbol – This is used to signify that a creative work is copyrighted. It extends to software, literary works, artworks, videography etc.
FAQ’s on Trademark Certificate
Question 1.
What is a Trademark Certificate?
Answer:
A trademark registration certificate is the certificate given by the registrar if your trademark is approved. It is usually provided within 90 days from the date of application, provided, there are no objections.
Question 2.
Who Issues a Trademark Certificate?
Answer:
The Registrar of Trademarks (The controller general of patents, designs and trademarks) issues a trademark certificate.
Question 3.
What are the documents required to apply for a trademark certificate?
Answer:
Document such as the Business registration proof, Soft copy of the trademark, Power of attorney, which is to be signed by the applicant, Proof of claim (if applicable), is to be submitted for a trademark certificate application.
Question 4.
What are the things that can be trademarked?
Answer:
The following or a combination of the following can be legally trademarked: Graphics, Letter, Logo, Mix of colours, Number, Phase, Sound Mark, Word, Surnames, Business names etc. Do note that profanities, racial slurs and common words (such as “like, the”) cannot be trademarked.