A trademark which is otherwise cited as “mark” can be explained as a unique indicator, symbol, graphic design, word, emblem, color combination, the shape of packaging or signature, which has a legal recognition that distinguishes a product or service from its competitors. A trademark can be used either by an individual, firm or business entity. Even smell and sound can be trademarked in some cases.

1. TRADEMARK
REGISTRATION
eStartIndia

2. THE CONCEPT OF “TRADE MARK”
A trademark which is otherwise cited as “mark”
can be explained as a unique indicator, symbol,
graphic design, word, emblem, colour
combination, shape of packaging or signature,
which has a legal recognition that distinguishes a
product or service from its competitors. A
trademark can be used either by an individual,
firm or business entity. At times even smell and
sound can be trademarked.
The registration of the trademark is exercised by “Controller General of Patents Designs
and trademarks, Ministry of Commerce and Industry”, Government of India and the
process is governed by “Trademark Act 1999”.The registration of the trademark is
categorised under different classes which is open to be chose by the applicant. Once the
mark is registered the applicant will be allotted with TM number which allows to track
your application and also be authorised to use™symbol for the products registered under
a particular class and on successful completion of registration for two years will permit
the usage of ® symbol for the product. And the registration will be valid for 10yrs which
can be renewed thereafter. To ensure a unique and attractive trade mark for a business,
you must establish a connection between your product and the mark that easily catches
the attention but different from other existing trademarks used by competitors.
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3. WHY REGISTRING TRADEMARK IS IMPORTANT?
➢ BUILDS GOODWILL AND FAITH: -The mark will act as an indicator to the quality
of the product as it has legal recognition.
➢ UNIQUE IDENITITY: -It allows the consumers to identify the product offered by
the owner.
➢ The registration assures a protection of the mark for 10 years at very low
maintenance cost.
➢ IMPROVES MARKETABILITY: - Trademark which is registered, act as an
intangible asset to the organisation which can be sold, franchised or
commercially contracted.
➢ GLOBAL TRADEMARK FILING: - Global registration of trademark is another
highlight of registering the trademark as the registration of the mark done in
India can be used as a basis for registering the mark at any other country.
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➢ EXCLUSIVE RIGHTS: -Ensures exclusive rights for the
owner of Trademark to use the same trademark for
all the products falling under the class(es) registered
and avoid usages of same mark by the adversaries.
➢ STRONG LEGAL GUARD: -Extends legal protection
from infringement of the owner’s rights from the
deceptive usage of the mark by competitors.

4. DOCUMENTS REQUIRED
❑ APPLICANT’S IDENTITY PROOF
❑ The applicant must produce proofs revealing identity such as
passport, aadhaar card, drivers licence, voters ID or ration card.
❑ PROOF OF BUSINESS
❑ Where the applicant is corporate entity, then documents like
Partnership Deed, Registration Certificate or Incorporation
Certificate must be submitted.
❑ FORM 48
❑ Form 48 of the Trademarks Act 1999 is a form to authorise an
agent/attorney to file an application for Trademark registration on
behalf of the applicant. The form must be duly filled, dated and
signed for submission by the applicant.
❑ LOGO WITH TAG LINE
❑ The logo to be trademarked which is designed by the applicant must
be submitted most preferably in black and white format. But in case
the application to trademark is made only for a word the logo
submission is not mandatory. The applicant must be vigilant in
ensuring that the words mentioned in the application must match
with the words contained in the logo.
❑ USER AFFIDAVIT
❑ When a claim of prior usage in made in the application, the
submission of user affidavit is made mandatory.
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5. ELIGIBILITY OF APPLICANT
An individual, firm or business entity is eligible to apply
for registration. The person applying for the registration
of trademark must be the proprietor of the goods and
services provided. And the registration shall be done at
the Trademark Registry located within the jurisdiction of
the principle office of the proprietor and at a situation
where the principal office is located outside India then
the application shall be filed in the jurisdiction where the
services are provided in India.
REQUIREMENTS FOR AN IDEAL TRADE MARK
➢ The mark should be capable of being expressed graphically i.e. in the paper form.
➢ It must be distinguishable from those marks used by the owners of similar goods and
services.
➢ The mark should indicate a connection with goods and services involved in the trade or
business.
➢ It should not deceive the public or cause confusion, hurt religious sentiments, be
scandalous and obscene or be prohibited under Emblems & Names (Prevention of
Improper Use) Act 1950.
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6. PRO CESS O F REGI ST RAT I O N
TRADEMARK SEARCH:- A trademark search will be
conducted by eStartIndia to check whether your selected
mark is available and in case of unavailability, we will
assist you in creating a distinctive mark that is accessible.
SELECTION OF CLASS:-The trademark registry has
classified the goods and services under 45 classes and the
applicant must select a class under which his products
shall fall in order to register the trademark.
PREPERATION OF APPLICATION :- Registration can be
done by filling the application for registration which shall
contain the queries regarding all relevant details of your
business, logo, name, slogan etc. under which you are
intending to register the trademark. eStartIndia will
prepare your application with the assistance of the
information and documents submitted.
FILING OF APPLICATION: - Once the application is
prepared and signed by the EstartIndia will file the
application before the Trademark Registrar. Then the
applicant will be awarded with TM number that will allow
the applicant to track their application and use the ™
symbol for your products.
VIENNA CODIFICATION: - The next step is to affix Vienna
classification to adhere with the provisions of Vienna
Agreement 1973. And the application status at
this stage will be reflected as “sent for Vienna
codification”.
EXAMINATION AND APPEAL: - After the completion of
Vienna codification the application will be examined by
the Trademark Officer, where the officer has the discretion
to object or accept the application. In case the application
is rejected the applicant has the right to file his objections
before the officer and in case of further dissatisfaction,
the applicant can approach the Intellectual Property
Appellate Board. The assistance for filing objection and
other related procedure are also offered by eStartIndia.
PUBLISHING OF APPLICATION :- The application being
accepted by the officer becomes eligible to be published
in Trademark Journal where it acts as advertisement for
the public to raise objection against the said trademark
registration within 90 days from the date of such publish.
And in case of genuine objections raised within the said
period the matter will be put to hearing before the
Trademark Hearing Officer.
REGISTRATION CERTIFICATE: - When no objections are
raised or if the objections raised didn’t not stand after
hearing then a Trademark manuscript and trademark
registration certificate will be sent to the applicant that
shall grant the applicant with the exclusive rights of
trademark ownership.
eStartIndia will be informing you with
the status of application at every stage in
the process. The applicant shall only
provide the information and documents,
the further processing will be done by us.

7. 1.What all can be registered as Trademark?
A mark capable of being represented graphically and which is capable of distinguishing the goods or services of one
person from those of others and may include name, label, symbols, designs, signature, emblems, shape of goods, their
packaging and combination of colours.
2.What invalidates a trademark registration?
Section 9(2), 9(3) and 11 of Trademarks Act 1999 prescribes any mark which is similar or identitical to any mark already
registered or kept for registration, deceptive, hurtful to religious sentiments, cause confusion, against public morality or
against any existing law cannot be registered.
3.How to identify the class for registration of trademark.
The Trademark Registry has prescribed 45 classes that represents different sets of goods and services. The applicant can
identify the class from the available list. And the chosen class must be mentioned in the application
4.Can on trademark be used for all the goods and services offered.
The same trademark can be used for all the goods and services that fall under the chosen class. If any product falls
under different class then the owner must register the trademark separately prescribing the class under which the
product fall.
5.Will the trademark registered in India be valid globally?
The registration shall not be valid globally but the registration done in India can be made as a basis for registering the
trademark with any other country.
6.Can a foreign entity apply for trademark registration in India?
A foreign entity can file an application for registration subject to the condition that an address for communication in
India must be provided.
7.Can a registered trademark be removed from register?
A registered trademark can be removed by applying to the Registrar on the ground that the mark is wrongly
represented or the Registrar can suomoto issue notice, conduct hearing and then remove the trademark from register.
8.Who can file trademark application?
The owner/ proprietor or an authorised representative of the owner can file the application for registering trademark.
And the applicant can be a business entity, company, NGO or individual.
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9. Contact Information
eStartIndia
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info@estartindia.com
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