A trademark is any graphical representation which has the ability to distinguish your goods and services from that of your competitors’ goods and services. It may range from a wide variety of representations such as a word, logo, symbol, label, image, the combination of colours etc. A trademark helps in defining the origin of the goods or services and also helps in denoting the quality of those goods and services. Thus, by creating goodwill in the minds of the consumers, a trademark can create greater brand recognition and enhance brand value.

In order to qualify for legal protection, a trademark must be unique. Although it is optional, we highly recommend getting a trademark search done since it gives the understanding before filing the trademark application about whether something else similar to this mark exists, which may later lead to rejection of the mark filed.It’s best to know whether your mark is available before you invest your time and money in filing an application that gets rejected on the ground of similarity.

Any natural person who owns the trademark may apply as an Individual Applicant. If you want to be the owner of your trademark, choose “Individual”.
For example, if Mr. X wishes to file a trademark application for his product, he may file a trademark application as an Individual. In this case, the Applicant shall be Mr.X. Here, the government fee applicable for 1 application shall be INR 4500.

When two or more persons use a trademark together, they may apply for as joint applicants.

For example, if Mr. X and Mr. Y jointly wish to file a trademark application for their product, they may file a trademark application as a Joint Applicants. In this case, the Applicants shall be Mr. X and Mr. Y. Here, the government fee applicable for 1 application shall be INR 9000.

Company means a company incorporated under The Companies Act, 2013.

For example, if Mr. X has an incorporated company called “ABC Ltd.”, and Mr. X wishes to file the trademark application in the name of his company, the Applicant shall be “ABC Ltd.” Here the government fee applicable for 1 application shall be INR 9000.

A Startup means a company which is certified as a Startup under the Department for Promotion of Industry and Internal Trade (DPIIT). If you have the DIPP/DPIIT Certificate issued for your company, choose “Startup”. For more information on startups click here: https://www.startupindia.gov.in/v

For example, if Mr. X has an incorporated company called “ABC Ltd.” which has a DIPP Certification, and Mr. X wishes to file the trademark application in the name of his company, the Applicant shall be “ABC Ltd.” Here the government fee applicable for 1 application shall be INR 4,500 and the DIPP Certificate shall be required for filing the trademark application. In case you have a company that is certified as a Startup by the DIPP, it is recommended that you choose “Startup” as the type of applicant since the government filing fee is 50% discounted and since the trademark shall be filed int he name of your company it will be beneficial during the valuation of your company.

Small Entity is a company which is recognized as a Small Entity under Ministry of Micro, Small and Medium Enterprises Act and has the Udyog Aadhaar Certificate issued for the same. If you have the Udyog Aadhaar Certificate issued for your company, choose “Small Entity”. For more information on small entities click here: https://online-msme.com/

For example, if Mr. X has an incorporated company called “ABC Ltd.” which has a MSME Certification, and Mr. X wishes to file the trademark application in the name of his company, the Applicant shall be “ABC Ltd.” Here the government fee applicable for 1 application shall be INR 4,500 and the MSME/Udyog Aadhaar Certificate shall be required for filing the trademark application. In case you have a company that is certified as a Small Entity by the MSME, it is recommended that you choose “Small Entity” as the type of applicant since the government filing fee is 50% discounted and since the trademark shall be filed int he name of your company it will be beneficial during the valuation of your company.

Partnership means a Partnership Firm registered under The Indian Partnership Act, 1932.

For example, if Mr. X, Mr. Y and Mr. Z are partners of “ABC Ltd” and wish to file a trademark application for their product, they may file a trademark application as a Partnership Firm. In this case, the Applicant shall be “ABC Ltd”. Here, the government fee applicable for 1 application shall be INR 9000 and names of Mr. X, Mr. Y and Mr. Z shall be required for filing the trademark application.

Trademark protection can be offered to a multitude of representations. It is important for a business to find out the perfect way to which they wish to characterize the organization and the goods and services which they offer. As per the trademark law a device, brand, heading, label, ticket, name, signature, word, letter, numeral, a shape of goods, packaging or combination of colours or any such combinations can be registered as a trademark. Often, trademark protection is given to the following kinds of representations.

Device Marks/ Logo

Logo or device mark consist of a figure or a figure combined with a word or numeral. Any unique graphical representation may qualify to be a device mark. It may also include a word written in stylized fonts.
Example – Our wordmark Djuris represented in a stylized font is a device mark.

Label

label on a packaged good can be registered as a trademark as it contains many distinct elements which enable the average consumer to identify the product and associate it with a certain quality.
Example – The following label which helps a customer to identify the softdrink ‘PEPSI’ may be registered as a trademark.

The combination of colours

Any combination of colour without any word, numeral or figure may also be registered as a trademark. But it has to be noted that the registration would not be valid if the colours are altered while being represented to end consumers.
Example – The shade of purple (Pantone 2865c) used by Cadbury has been registered as a colour trademark in many countries by the company, though few countries have refused to register it.

Collective Marks

A collective mark is owned by an association and can be used by the members of that association. A collective mark is primarily used to indicate a trade connection with the association.
Example – The logo used by chartered accountants to denote their association to the Institute of Chartered Accountants of India is a collective mark.

Certification Marks

Certification marks are used by standard setting bodies which assure the consumer that the product or service meets a certain standard. The presence of a certification mark indicates that the organization has successfully verified the quality of a product or service and has allowed the use of that mark.
Example – The ISI Mark used by the Bureau of Indian Standards for certifying products to be sold in India is a certification mark.

Shape Marks

Even a distinct shape of a good, which enables the consumer to distinguish it from other goods in the market may be registered as a trademark.
Example – A distinctive torso shaped perfume bottle of the company Gaultier has been registered as trademark in many countries.

A wordmark is set of standard characters which represents the name of a product, company, institution used for branding. It renders stronger and wider protection to one’s business. Once a wordmark is registered, the applicant has the right to use and represent the word in any format regardless of its style or font for all the goods and services in respect of the mark.

For example, “ProTrademarks” is a word mark.

A logo is a graphic mark, such as “ProTrademarks which represents the name of a product, company, institution used for branding.

For example, is a logo.

The description here should contain the details about the products or services that are being represented by the trademark you wish to get registered.

For example, if Mr. X is into the business of clothing line, he needs to specify particularly whether his brand represents a product or a service or both? Is it production of garments, selling of garments, marketing of garments, or all?

The date of prior use is the date since the said brand name has been in use for commercial purposes. In other words, date of first use/prior use anywhere is the date when the goods were first sold or transported, or the services were first rendered, under the mark. In case a date of use is mentioned in the trademark application, then a user affidavit must be submitted with the trademark application. If you claim a ‘date of prior use’ your trademark shall be deemed to be protected since the date you claim rather than the date on which you apply for a trademark application.