Trademark Registration
Under Section 18 of the Trade Marks Act, 1999
Definition
Under Section 2(1)(zb) of the Trade Marks Act, 1999, a trademark is a mark capable of graphical representation and of distinguishing the goods or services of one person from those of others, including shape, packaging, and combination of colors.
Statutory Framework
Sections 18 to 23 govern registration; Sections 9 and 11 prescribe absolute and relative grounds for refusal; Section 29 deals with infringement; Section 135 provides remedies.
Procedure
The process commences with filing an application under Section 18, followed by examination by the Registrar. Upon satisfaction or successful response to objections, the mark is published in the Trademark Journal (Section 20). In absence of opposition within the prescribed period (Section 21), registration is granted under Section 23.
Legal Significance
Registration confers exclusive statutory rights, strengthens enforceability, and transforms the mark into a valuable commercial asset capable of assignment and licensing.
Required Documents
Keep these documents ready to ensure a smooth and fast registration process.
Identity Proof
Aadhar Card, PAN Card, Passport, or Voter ID of the applicant or authorized signatory.
Logo / Brand Image
High-resolution logo image (JPG/PNG) in black & white for trademark applications.
Business Details
Certificate of Incorporation, MSME Certificate, or Partnership Deed (as applicable).
Address Proof
Utility bill, rent agreement, or bank statement showing the registered business address.
Power of Attorney
Signed Form TM-48 authorizing the legal firm to act on your behalf for trademark filing.
Class of Goods/Services
Description of the goods or services for which trademark protection is being sought.
Date of First Use
If the trademark/brand is already in use, the date it was first used in commerce.
Udyam / GST Certificate
Udyam registration or GST certificate for MSME applicants to avail reduced government fees.
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