A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of another enterprise. A trademark can be registered either in the form of Word, Device/ Logo, Letters, Slogans, Combination of Colors, 3D Marks, Shape of Goods etc. Even though registration of the trademark is not mandatory; but it is beneficial to get the trademark registered, as it provides statutory rights to the proprietor over the unregistered trademark. Trademark also gives exclusive rights to the proprietor for using the mark and also helps prevent competitors from using a mark that’s the same or is similar to the proprietor‘s mark. The protection of the trademark is provided under the Intellectual Property Rights.

Trademark once registered creates a company’s brand and reputation in the market, this helps in creating a relationship of trust and loyalty with the consumer enhances the company's goodwill. Subsequently, registration prevents confusion to the consumers as the registered trademark has captured the consumer’s attention to make the product stand out.

Any entity including an artificial legal person or an individual who claims himself/ herself to be proprietor of the mark can file the trademark application for their respective goods and services. Even the foreign proprietors or applicants can apply for the trademark in India through any legal representative or otherwise.

1. Application Form TM-A to be provided with proper details.
2. Power of Attorney on a Non Judicial Stamp Paper of Rs. 100/- duly executed by the Applicant in favour of agent or trademark attorney
3. An image of the logo, in jpg format (if applicable)
4. If the Applicant is a prior user- Affidavit of Use (if applicable)
5. Incorporation certificate in case of company or LLP
6. Identity proof of the applicant i.e. Aadhar Card, Driving License, Passport, or Voter Id etc.
7. Address proof of the applicant i.e. Aadhar Card, Company Incorporation Certificate etc.

Trademark search is crucial for anyone looking to register a trademark as it ensures that the chosen mark is unique and not already in use, reducing the risk of infringement issues. Conducting a comprehensive search helps applicants identify potential conflicts, enabling informed decisions before investing time and resources in the registration process. A thorough trademark search enhances the likelihood of successful registration and long-term protection, safeguarding the brand identity from legal challenges and promoting a strong market presence.

• Identifying Similar Trademarks
• Checking for Prohibited Marks:
• Vienna Code Classification
• Registration Eligibility
• Avoiding Legal Issues
• Ensuring Uniqueness

Trademark objections are the ones that an applicant faces at the very initial stages of the registration process. Objections are raised by the registrar at the time of examining the application. The Registrar examines the application and identifies grounds of refusal.

Once the trademark has been accepted and advertised, the Trademark Office will provide an opportunity to the third party to oppose the trademark someone else's trademark. This starts a process called Trademark Opposition, where they try to stop the new trademark from being approved. It can be filed within 4 months from the date of acceptance of the trademark.

Trademark rectification or cancellation involves the request to remove a registered trademark from the official registry. Individuals seeking rectification can do so based on violations, non-compliance with existing conditions, or errors in the registered trademark. This process allows aggrieved parties to address issues with the already registered Trademark. Grounds for rectification include contravention of conditions or inaccuracies in the registration.

The standard duration of a valid trademark is 10 years. To retain the associated benefits, the trademark owner is obliged to undergo the renewal procedure. Renewal is a recurring process, affording the owner the prerogative to extend the trademark's validity indefinitely in successive 10-year intervals. The renewal process offers two modalities: one facilitating alterations to the existing trademark, including changes to signs or words, and another allowing renewal without any modifications.