Understanding India’s Trademark Regime: A Simple Guide
In today’s world, the term “trademark” pops out in discussions pertaining to business and brand. But what, exactly, is a trademark and why does it matter? Below is a simple guide to India’s trademark system.
What is a Trademark?
Trademark refers to any sign, logo, word, phrase, or design that identifies and distinguishes the source of goods or services from others in the market. That’s basically a brand’s identity. You see golden arches, you just recognize them. That’s the logo of McDonald’s, for example. That’s a trademark.
Trademarks in India do protect not only logos or brand names but also sounds, shapes, colours, and even smells in some cases. If it is distinctive and the best way to show whether a product or service can be identified by its consumer, then it can be trademarked.
Why Trademark is Important?
Trademarks are a very strong means to protect brands and businesses, whereas from the consumers’ point of view, trademarks come out as some form of quality as well as authenticity. When it comes to a very noticeable trademark, you always believe that what you are buying is something from a certain company with specified standards.
Trademark laws prohibit anybody else from using similar signs or symbols in which customers might get confused with other businesses. This keeps a company’s reputation safe and from others taking undue advantage of a company’s hard work.
India’s Trademark Laws: The Basics
India has a very sound system that safeguards trademarks. Trademark Act is the main law that governs trademarks, 1999. This gives a legal frame-work for registration, protection, and enforcement of trademarks in India.
Under this act, a business or an individual can apply to register a trademark. After registration, the trademark is protected for 10 years with exclusive use on the part of the owner. There is no restriction on renewing a trademark after such a period.
The Authority: Trademark registration in India is regulated by the Controller General of Patents, Designs, and Trademarks (CGPDTM). Before issuing the registration certificate, CGPDTM will check whether the trademarks would be confused with already registered trademarks and whether they fall within all legal requirements.
Steps to File a Trademark Application in India
Trademark registration in India is an easy process. Follow the step-by-step guidelines provided below.
Search for a Trademark
However, it is always important to ensure that there is no existing similar trademark. This can be undertaken by searching at the Indian Trademark Registry website online. A search will help you avoid possible conflicts and thus ensure your trademark is unique.
Prepare Your Application
Once you are sure that your trademark is distinctive, you file an application with the Trademark Registry. The application gives information about the applicant, trademark, and the goods/services for which the trademark has been applied. The application can be filed online or even through an attorney dealing with intellectual property.
Examination
If your application reaches the Registrar, he will scrutinize it to ensure that it is according to the law. In case he finds that there is an infraction, he will raise objections. You may have to provide explanations or change your application at this stage.
Printing
After it is vetted through the process of examination, and if no objections are raised, it is published in the Trademark Journal. Here, the trademark is brought before the public to view and raise opposition in case the trademark violates their rights.
Registration
Once the period to raise objections goes by, without an objection received, the trademark gets registered, and you are issued with a certificate of registration.
Types of Trademarks in India
The trademarks in India also differ, and different kinds can be registered, such as common ones like:
Product Marks: This kind of trademark is applied on products such as clothing or electronic items.
Service Marks: Such marks identify services rather than products, like hotels, restaurants, or educational services.
Collective marks: collective marks are used by a group or association to represent its members’ goods or services. An example would be a group of farmers using a collective mark for organic produce.
Certification marks: these marks are applied to ensure that the products comply with certain standards. For example, the ISI mark confirms that electrical appliances meet specified safety norms in India.
Protection Against Infringement
Any person using a mark identical or deceptively similar to a registered trademark gives rise to trademark infringement. In such events, the proprietor of the trademark has the right to file an infringement suit.
Trademark infringement in the Indian courts is taken seriously and they offer remedies in the form of injunctions (to restrain the person using the mark in question from further use of the infringed mark), damages or compensation to the extent of losses inflicted by the infringement, as well as orders on the infringer to turn over the profits earned out of misuse.
What If You Do Not Register a Trademark?
The registration of a trademark is not compulsionary but highly recommended. It comes with legal protection and can ease the process considerably when you want to take action against misuse. If you did not register, it is not the end; you can seek protection under the common law principle of passing off. However, it becomes long-drawn and more complex.
Passing off refers to the fact that even if a mark is not registered, the owner still can prohibit others from its usage if it is proven that usage of a similar mark misleads the public.
Recent Developments and Digital Evolution
The Indian trademark regime has, especially with the advent of digital spaces, e-commerce, and social media, undergone a very pertinent shift to the modern era. Thus, strengthened protection of trademarks has become an ever-growing need of the hour. Efforts have been made by the government in smoothening out the whole registration process, whereby the delays caused are brought to a minimum: Online filing and tracking application procedures have now added speed and transparency to the procedure.
More recently, India has become a party to several international conventions which treat various agreements. For example, Madrid Protocol allows trade marks in a number of countries through one application. This may go on to be a huge boon for companies that wish to have international branding.
Conclusion: Role of Trademarks in India’s Growing Economy
As India becomes one of the world’s upcoming economic giants, trademarks will continue to become significant factors in safeguarding the identity of businesses while also fostering consumer confidence. It upholds the trademark system that ensures businesses build their brands without fear of copying or undermining.
Securing a trademark is very imperative in the protection of intellectual property for both startups and established companies as well as an individual. A good understanding and utilization of India’s trademark regime gives a business that assurance for longevity and recognition in the marketplace.
A trademark gives peace of mind to anyone from the time they launch a business or work with an old-established brand, knowing their ideas and creativity are safe.
Author: Amrita Pradhan, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing
References
- https://www.ipindia.gov.in/guidelines-tm.htm
- https://www.uspto.gov/trademarks/basics
- https://www.indiafilings.com/learn/trademark-registration-in-india-a-comprehensive-guide/
- https://jpassociates.co.in/trademark-registration-process-in-india-a-comprehensive-guide-to-protecting-your-brand/
- https://www.msmedithrissur.gov.in/pdf/enterpreneur/Handbook-on-trademark-registration.pdf
