Trademark Registration

Trademark Registration in India

Trademark is an intangible asset for an Organization. A Trademark is a mark which can be a word, name, numerals or a label which distinguishes its goods and services from other similar goods and services.

Trademarks in India are registered under the Trademark Act, 1999. At present, there are Forty-Five (45) classes of Trademark Registration. Each class provides a particular set of goods or services and the Trademark Owner may apply for registration of his mark under a particular class in which his goods or services fall. The words or labels that are identical or similar to the existing trademarks cannot be registered. Registration of a Trademark creates an image for the goods or services in the market and establishes goodwill among the customers of the Trademark owner’s business.

Registration provides legal protection to a Trademark owner against infringement of his/her registered mark as if any other organization uses the identical or similar mark then the Trademark Owner has the sole right to sue that person or organization.

The validity period of registered Trademarks is Ten (10) years and it can be renewed for a further interval of Ten (10) years. The Trademark owner can make application for the renewal of Trademark along with payment of renewal fees within six months before the expiry of his original trademark registration. If the application for renewal of trademark is not filed within the above stated period of six months then the trademark expires and the trademark owner remains no longer authorized to exercise his/her above stated powers.

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