A trademark is your identification which could be in form of a word, Label, Logo, slogan, punchline etc. to be used to represent you & your Goods/ Articles/Products/Services in the trade, daily life and others. When it is only a word being called as “Word Mark” and when it is associated with an artistic presentation/Label/Logo then it is called as “Device Mark” and when it is only a Logo/Label without words/alphabets then it is called as a “Logo mark”. Be it noted that once a mark is applied for the Services, then it is called as a “Service Mark”.
The trademark is the identification & Intellectual property of its developer, creator which can represent its Goods/Articles/Products/Services globally, but it is governed & controlled by the legislation for the territory where it is registered and/or used. Across the world, every country has its own laws and legislation for the regulation of trademark and provide its protection only under its territories. Thanks to the provisions of “Madrid Protocol” which provided a common law to be followed by almost all the member countries. It has provided a better and same protection of a mark among the member countries by a single application.
In India, the trademarks are governed & controlled under provisions of The Trademarks Act, 1970 & The Trademark Rules, 2017. The history is too old, but the act is recently amended in the year 1999 whereas the Trademarks Rules are latest amended in the year 2017.
A great advantage by registering a trademark mark. A few of them are –
1. Provides stamp of quality & excellence for your products & services,
2. Exclusive usership excluding others to use your mark without consent,
3. Provides your Goodwill & Reputation increases the brand value,
4. Differentiates your products & services from others,
5. Provides an assets creation increases Tangible value of mark,
6. Provides legal protection against unauthorized use by others,
7. Attraction of brand value & quality among the traders, users,
8. Provides right to permitted use by license, Franchise,
9. Provides building trust with quality of product & services,
10.Provides your presence in the market among users, traders.
No-any document is required for a Trademark registration. Trademark registry requires only the details related with the trademark. It demands only an authorisation letter being signed by the applicant in favour of its Attorney /Agent. It also requires the label Logo/Logo along with other supporting evidence like MSME registration certificate, the Startup recognition certificate, the user affidavit with the sales invoices.
The Registry doesn’t require any documents except the details namely –
1. The name of applicant ……………….,
2. The Address of applicant ……………….,
3. The name of mark ……………….,
4. The email id of applicant ……………….,
5. The phone No. of applicant ……………….,
6. The Label/Logo, if any ……………….,
7. The Firm name of applicant ……………….,
8. The Goods/services of applicant ……..….,
9. The date of use of mark ……………….,
(if the mark is in use/trade before filing the application)
In case, the applicant is a Partnership firm or a company, then, the name of Partners & Directors is required to be mentioned in the application at the time of filing the application.
In case of a prior user date, an affidavit containing the Turnover of the firm with the sales invoices and other supporting documents are required to be filed to establish the fact that the mark is used such date.
And, also, the MSME/Startup registration certificates are required for a reduction of Govt. fee at the time of filing the application.
Except above details & documents, nothing more is required for filing an application for trademark registration.