Documents Required for Trademark Registration

The following documents should be submitted for trademark registration in India

• Image of the trademark
• Id Proof of the applicant along with Address.

Apart from the documents, to start online trademark registration in India, the following preliminary details must be provided:

Applicant name: The name of the person, business, or organisation submitting an application to register a trademark Business Type: Indicate the kind of business organisation, such as a private limited company, partnership, MSME, startup or sole proprietorship

Objectives of the Business: Give an overview of your company's nature of business and operations under the trademark Name of Brand/Logo/Slogan: Make sure to specify the name, logo, or slogan you plan to trademark

Registration Address: Provide the official address of the organisation submitting the trademark application Prior User Date: if the Applicant is using the brand name before the date of application of the trademark, provide that along with documents as that makes your case stronger.

Trademark Symbols and their uses

In general there are three types of symbols and are used in different cases as explained below:

R SYMBOL

The R symbol denotes that the trademark is registered and no one can copy it. This provides the maximum degree of protection available for a trademark that has been registered. To put it simply, if the R symbol is granted to a trademark one cannot reuse it anywhere.

™ SYMBOL

This symbol is used while you are waiting for your application to be reviewed by the Registrar. This symbol can prevent others from using the mark by indicating that you are claiming rights inside it. The user may also be granted common law trademark rights by using the TM symbol.

SM SYMBOL

The SM symbol represents a service mark. Its purpose is to signal the assertion of rights in the mark, specifically in connection with services like banking or legal services, as opposed to physical goods. Similar to the TM symbol, having a SM symbol does not automatically ensure legal protection for the owner's mark under trademark laws. Additionally, the registration status of a service mark does not affect the authorisation to use the SM symbol.

Types of Trademark Registrations in India

Under the Trademark Act of 1999 there are different types of trademark registrations available in India and some of them include:

Pattern Mark

• A Pattern Mark is characterised by a distinctive pattern capable of identifying products or services originating from a specific source, making them discernible from others
• Examples of pattern Mark Include iconic Louis Vuitton checkerboard pattern

Label Trademark

• A label trademark is one which protects the label/packaging of a product and the trade dress of the same to ensure the protection of the entire packaging/label of a product which is unique and distinctive to any business and acts as a recogniser/identifier of a brand
• One of the famous brand who has trademarked their label is Coca Cola

3D Trademark

• Three-dimensional trademark is a non-conventional trademark which makes use of the three-dimensional shape of a product or its container to achieve distinction in the marketplace
• It must meet the requirements outlined in u/s 2 (1) (zb), which indicate that in accordance with Section 9 of the Trademarks Act - which outlines that the mark must be visually representable and distinguishable from other goods and services.
• The form of the Zippo lighter, the curve of a Coca-Cola bottle, are some examples of 3D trademarks

Slogan/Tagline

• Trademarked Slogans are creative & distinctive phrases immediately reminds consumer of the product
• Trademarked Slogans offers exclusive rights for the brands to use them in their advertising campaigns
• Nike's ‘Just Do It’ is a perfect example of a slogan trademarked

Device Trademark

• Device trademarks are visual elements that are used to create unique and recognisable representation
• These trademarks have artistic elements such as symbols & a word mark and can be a combination of both.
• The iconic PUMA’s symbol is a classic example of a Device trademark

Why is Trademark Registration Online Required?

Trademark Registration Online is required to ensure that foreign currency transactions are genuine and not used for illegal purposes. The Trademark Registration is a unique identification number issued by a bank to an exporter or importer. It is used to track all foreign currency transactions and to prevent money laundering and other financial crimes.

To prevent illegal outflow of foreign exchange: The Trademark Registration helps to track all foreign currency transactions and to identify any suspicious activity. This helps to prevent the illegal outflow of foreign exchange, which can be used for terrorist financing or other illegal activities.
The Trademark Registration is only issued to entities engaged in genuine trade activities to ensure that foreign currency transactions are for genuine trade purposes. This helps to prevent the use of foreign currency for illegal purposes, such as money laundering.
To facilitate the export and import process, Trademark Registration Online is a necessary requirement for exporters and importers who deal in foreign currency. It helps to speed up the export and import process and to avoid delays at customs.
To avail of government incentives and schemes: The government offers a number of incentives and schemes to exporters and importers. Trademark Registration Online is a requirement for many of these schemes.