Trademark Registration under the Indian Trademarks Act of 1999
Under the Indian Trademarks Act of 1999 (Section 2(zb)), a trademark is a unique symbol, design, expression, or feature that identifies and distinguishes products or services from competitors. Trademarks can be owned by individuals, corporations, or legal entities, making it accessible to a wide range of businesses.
Why Register Your Trademark?
Registering your trademark in India ensures exclusive rights to use it in connection with your goods or services. It provides protection against infringement, allowing you to take legal action against unauthorized use. Once registered, your trademark is valid for 10 years from the filing date, with the option to renew it indefinitely.
Who Can Apply for Trademark Registration Online?
Trademark registration is available to a wide range of entities and individuals, including:
- Individuals
- Joint owners of a company
- Proprietorship firms
- Partnership firms (up to 10 partners)
- Limited Liability Partnerships (LLPs)
- Indian companies
- Foreign companies
- Trusts
- Societies
This inclusivity enables various business structures to protect their brand identities.
Types of Trademark Registrations in India
India offers different types of trademark registrations to cater to specific needs:
- Product Mark: Used for tangible goods, helping consumers identify the origin of products. Typically, applications in classes 1-34 are classified as product marks.
- Service Mark: Similar to a product mark, but used for services. Applications in classes 35-45 typically represent service marks.
- Collective Mark: Indicates characteristics of products or services linked to a group, such as associations or institutions.
- Certification Mark: Shows that a product meets certain quality or standards, often used in packaged goods or electronics.
- Shape Mark: Protects distinctive product shapes, ensuring they are recognized as coming from a specific brand.
- Pattern Mark: Protects unique patterns on products that serve as distinguishing features.
- Sound Mark: Protects distinct sounds associated with a brand, like sound logos heard in advertisements (e.g., IPL tune).
Choosing the Right Trademark Class
Trademarks are categorized into 45 classes, based on the type of goods or services. Selecting the correct class is crucial for your registration. If your business spans multiple areas, you may need to apply for multiple classes.
Common classes include:
- Class 9: Electronics and computer software
- Class 25: Clothing and apparel
- Class 35: Business management and advertising
- Class 41: Education and entertainment
By selecting the appropriate class, you ensure that your trademark is protected in relation to your specific business activities.