Under Section 2 (zb) of the Trademarks Act, 1999, it is stated that Trademark is a recognized mark apt to be portrayed graphically and works to distinguish the goods and services of a firm from those of others and could be a shape of a product, its packaging, or its colour combination. CGPDTM (Controller General of Patents, Designs and Trade Marks) defines Trademark to be a visual symbol which has to be a word signature, name, device, label, numeral or combination of colours employed by an entity to differentiate the goods, services or articles of commerce from other similar ones of different entity. A Trademark is given for indefinite time from the date of purchase it is the right of the individual or entity in possession to utilize it in any desirable manner.

A Trademark is denoted by (™) after the unique mark and registered trademark are denoted by (®) universally. A mark has to eminently have the following number of traits to be recognisable and registered as a Trademark under Trademarks Act, 1999:

• The mark should be suitable to be represented graphically, line on a piece of paper.
• The mark should stand out to distinguish the goods or services it is provided with, from the others of similar kind.
• The mark has to be used or proposed to be used to be presented on the face of goods or services to indicate the relation between the products and the person in possession of the trademark.

Types of Trademark

Like Patents and Copyrights, Trademark comes under the Intellectual Property but is an Industrial Property. A Trademark serves as a legal protection to a mark of trade which could be brand name, signs, symbols, and beyond. Trademark is classified into 45 different classes which are 1-34 for goods (34) and 35-45 for services (11). Registered under the Trademark Act, 1999, a Trademark is broadly classified under the following:

• Word Marks - This right enables to use a particular Word, Letter or a Numeral as a Trademark.
• Device Mark - This right offers unique representation of a Word, Letter or a Numeral, which could be a Word along with a Logo.
• Product Marks – Marks which are related to products marked by the producer on the products or goods only.
• Service Marks - The uniqueness of the Services provided as commercial purpose is marked under the 11 classes of services.
• Collective Marks - These marks are used by a singular brand name as its sub-brands or products.
• Certification Marks - These are used to define a certain certification of the product it's marked on. (E.g. ISI, Agro, etc.)
• Well Known Mark - Marks which are well-recognized by the majority of customers. These to be registered require additional fee for greater protection rights.
• Unconventional Trademarks - Marks which get recognition for their inherently distinctive feature that could be Colour Marks, Sound Marks, Shape Marks, and Smell Marks.

Trademark Registration

Trademark registration is essential for protecting the notable marks of a brand or entity and to raise the level of its goodwill. A trademark Licence (TM Number) is issued within 3 days after the date of registration to be used. The legal proceeding for the application and complete registration of Trademark is stated under Section 18-23 of Trade Mark Act, 1999:

• Section 18 – Application for registration in different categories is made to Registrar.
• Section 19 – This involves withdrawal of application after it being accepted but before the trademark is registered, to specify the reasons after applicant’s hearing.
• Section 20 – Advertisement of Application.
• Section 21 – Under this opposition to registration can be registered within 3 months from the date of advertisement being made.
• Section 22 – To make corrections and amendments in the application.
• Section 23 – Completion of registration.

The application has to be made to Trademark Registrar and a fee is payable for each category. To complete formalities and Trademark Registration Procedure it generally takes around 2 years (18 to 24 months) for Trademark Registration. At first, it is registered for 10 years from the date of filing but it could be renewed again and again by process over the time indefinitely.

Trademark registration in India also involves provisions for International Trademark Filing by Madrid Protocol through international registration, stated under Section 36A-36G of Trade Marks (Amendment) Act, 2010. Section 31 suggest the prima facie evidence of validity for ownership of trademark, under which if one doesn’t register then too it is permitted to come with proof for the rights of a particular Trademark.

Haxtax’s imperative supremacy for painless and faultless Trademark Registration!

Trademark Registration serves to be the best remedy against the indiscriminate efforts and possible events made towards harming brand’s goodwill or to infiltrate its rightful value in the market. Haxtax has an elite group of practitioners and professionals who have a role within to put off the hurdles of Trademark registration in India. Get away with Haxtax’s help from the complication of Section 19, 20 and 21 of the registration. Shake some hands with Haxtax and get access to an uncomplicated Trademark Registration Procedure, you seek to be beneficial rather getting grown out of it.

How to Register a Trademark?

Trademark Registration is somehow a sluggish process as it takes about 2 years to have a full authorization. It involves validation of documents and all facets of a mark to be registered. Many a times, it could also result in reprimand of application and the applicant also has to come with proof in such a case. One must have someone to look after this comparatively long process and get notified of the progress directly. Haxtax is all up for this as it agrees to share the experience and peculiarities of expertise for your desire to register your Trademark. One just has to stick to these guidelines:

• Purchase a Haxtax Plan.
• Present required information and the set of documents asked by Haxtax.
• The experts will go through the documents provided and fill you up with if something else is required.
• Proceed with the submission of the application for trademark registration.
• Then comes the major role of Haxtax to get in to the legal process and obtain uncompromised approval.
• You will be notified of the progress that your Trademark Registration Procedure makes.
• Obtain your issued TM Number (Trademark Licence).

Benefits of Trademark Registration

Copyrights and Patents provide a significantly unique ownership. Likewise, Trademark has several benefits that one could count on after a successful trademark registration in India:

1. Legal Protection - Registration provides protection to the brand or trademark all across India; also internationally if registration is made with International Trademark Filing by Madrid Protocol.
2. Intangible Asset - A registered trademark is a valuable asset, it’s quite easier to sell and gain profits through franchise or licence of the brand.
3. Evidence against a Dispute - One gains the advantage over a dispute if made against the rightful ownership of a mark, providing it to be the evidence of ownership of a Trademark without having to prove it with complications.
4. Eliminates Infringement of Trademark – No one could legally use the Trademark or anything identically or deceptively similar to it. It assures zero usage of unauthorised trademarks.
5. FREE prevention against identical trademarks – None trademarks confusingly similar to a registered trademark can be applied for registration.
6. FREE Advertisement – Provides awareness to others towards the prohibition to the usage of a registered trademark.
7. Ease to register trademark internationally – It is quite quick and easy to get approval for the application to register a trademark beyond national boundaries.