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1. Trademark: A Trade mark means a mark capable of being represented graphically and that is capable of distinguishing the goods and services of one person from those of others and may include shape of goods, their packaging and combination of colors.

2. Effect of Trademark Registration: Registration of a trademark confers upon the owner of the trademark the exclusive rights to the use of the trademark in relation to the goods or services in respect to which the trademark is registered, and to obtain relief in case of any infringement of the registered trademark.

3. Good Trade Mark:
A good trademark possesses the following features:

• Short
• Appealing to eye
• Appealing to ear
• Suggestive of quality of goods
• Easy to remember
• Easy to identify
• Easy to pronounce
• Non-descriptive

Trademark Registration Process in India:

The trademark registration process in India is in accordance with the global standards in line with the TRIPS Agreement that is concerned with the Trade Marks. WTO member countries (150+) are obliged to grant full protection to the registered trademarks. Trademark registration in India in accordance with The Trade Marks Act, 1999 [47 of 1999] is a process that may last from one to two years or even more.

The first phase is to decide the brand name based on your business strategy, business focus, customer segment, presence in a field, past record, nature of product, market mix etc.

In the second phase a trademark search is conducted to see if the pre-decided name is already in use? Also to make sure if the pre-decided name is previously registered with the trademark office by any other party, and another objective of the trademark search is to come to a conclusion if the pre-selected term is a good trademark or not? The whole focus is to make sure that the trademark doesn’t have any deceptive similarity with existing brands/registered trademarks to avoid any confusion among customers, and the process of registering the trademark is as smooth as possible.

The third phase is preparation of the trademark application which includes details of the applicant, the nature of business, the visual representation of the trademark, legal arrangement of the business such as, shop act/ a registered private limited company/ an association of persons/LLP etc. A trademark application is filed for a trademark protection in a particular class of the business. A single application can be made for registration of a trademark for different classes of goods/services, however, the fee is payable for each of the class to be registered. The filing fees for a single trademark in a single class is Rs 3,500/- (excluding the trademark agent/attorney fees). Accordingly the fees for filing a trademark in two different classes should be Rs 7000/- (excluding the trademark agent/attorney fees).

In the third on filing the application for a trademark registration, an application number is allocated to the applicant. The application is kept in the records of the trademark office in accordance with the norms led down by the trademark act.

The fourth phase examination and dispatch of the examination report. The fourth phase includes the examination of the trademark application by the examiner allocated by the trademark office. The trademark application is either accepted or objected by the examiner. In case of acceptance, the trademark application is forwarded to the next phase.

In case of objection in the third phase from examiner’s side, show cause hearing is arranged by the examiner where the applicant can put forth his sensible arguments. On hearing, the trademark examiner may either accept the arguments, and allow the application, or the examiner may refuse the application for trademark registration.

The fourth phase is about publication and opposition (if any): In the fourth phase, the trademark is advertised in the official journal of the trademark office that is freely available on the web portal of the trademark office. The trademarks published in the trademark journal are open to public for opposition from any person interested. Any person may, within three months from the date of the advertisement, not exceeding one month in aggregate, give notice of opposition to the registration, in writing in the prescribed manner to the registrar of trademarks.

In case of any opposition, the opposition is fixed on hearing and on production of relevant evidences. The judgement is delivered on the basis of the merits of the case. It is to be noted that the hearing are taken by hearing officers. If the application is allowed, then the application proceeds for the next step of registration. The application is refused, if the opposition is allowed. The applicant, on refusal, may appeal to the IPAB (Intellectual Property Appellate Board)

The fifth and last phase includes issue of registration certificate and renewal of the trademark from time to time. An accepted application the registrar registers the application if there is no opposition or the opposition is decided in favour of the applicant. The date of submission of the application is deemed to be the date of registration of the trademark. The time duration for registration of a trademark in a first instance is for 10 years which is renewable. The registrar of trademarks may remove the trademark from the register if it is not renewed before the date of expiration.