We have studied in our previous articles about procedure and requirements to start pharmaceutical company , ayurvedic company and Food Supplement company. In this article we will discuss about trademark registration process, procedure, documents, requirements, difference between objection/opposed, advantage, FAQ and other related details.
- Wholesale/ Distribution Drug License
- Goods and Service Tax Department
- Company Registration
- Trademark registration
In this article we will know about trademark registration. Same procedure and requirement for Trademark is applied for all business including Pharmaceutical, Ayurvedic and Nutraceutical (food Supplement) Sector.
What is Trademark?
First we will know about Trademark. Trade mark is generally referred to a company name, brand/product name/service and/or logo of company and/or firm. A Trademark can be in form of visual symbol, word, numeral, name, device and/or lable etc which distinguish a business from others . For Example, Elzac Herbals along with sign is a Logo of Elzac Herbal India, An Ayurvedic Manufacturing Products Company. We can say Elzac Herbals is a Trade Mark.
If you are going to launch a company and/or a new product then it is advised to first go for trademark registration before launching. Trademark registration is an intellectual property which protects against use of your trade/business name or trademark by others.
Trademark registration can be obtained for business name, brand name, logo, tagline or caption etc. Company Name and/or Products Brand Name can be registered under Controller General of Patents Designs and Trademarks. Trade Mark is valuable asset especially in case of pharma companies it worth more.
‘TM’ stands for ‘Trademark applied for’ where as ® symbol stands for the ‘Registered trademark’. Before apply for trade mark, Trade Mark search is highly recommended. This will give you indication of existing or applying trade marks. Go to the http://www.ipindia.nic.in/ site. Click at trade mark and you will be redirected to http://www.ipindia.nic.in/trade-marks.htm. Then click at public search. In new tab http://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx will be opened. Change search type to phonetic or Wordmark. Enter your brand name or company name and class. For pharmaceutical and ayurvedic product’s name and manufacturing company, you can search in Class-5 and for trading/marketing company, search in class-35.
You can apply trade mark registration through amy legal firm or trade mark advocates those handle trade mark registration for your trade mark registration. For providing authorization, you have to sign power of attorney authorizing for particular brand name/company name trade mark registration.
Requirements for filling a trademark registration application:
- The name, address and Nationality of applicant/s. In case of Partnership firm, Name of all Partners. Soft copy of the Trade Mark to be registered.
- List of goods/Services for which registration is required along with Class.
- If the mark contains or consists of non-English words, a translation of those words into English is required.
- Power of attorney simply signed by the applicant (In case of application filled by advocate and/or legal firm/agency).
- Fees for registration. Govt. fee is approximate 4500/- per trade mark. Fees may change with any government policy update.
- Proof for using particular name (like Invoice, Advertisement etc.)
- Trade Name and/or Logo. If you don’t have then choose a Unique Name and/or Logo.
- Search for Trade Mark Availability as mentioned above
- Select appropriate class from 45 Classes. (For Pharmaceutical, Ayurvedic and Nutraceuticals generally Class 5 and Class 35 is used.)
- Application submission for Trade Mark registration. It takes 3 working days for trade mark department to issue Trade Mark application Number but it takes 1.5-2 years for Trade Mark registration if your application don’t receive any objection other wise it may take more time.
- Advertising a trademark in government public gadget before acceptance for trademark registration. Objections and oppositions are invited by government from public before going in registration process.
- Hearing before registrar if your trademark faces any objection.
- Hearing before registrar if your trademark faces opposed.
Difference between Objection and Opposed:
Objection in trademark registration is something that a particular trademark and/or similar trademark or name may have being used by someone else. Objection may be raised by trademark department internally or any third person. Means there is uncertainty about trademark whether it may cause any harm to any other trademark owner or not if trademark registration is given to you or someone else. Objection may also be raised if trademark department is uncertain whether trademark applicant is using that trademark in actuality or not. For clearing objection, proper proof and documents have been submitted before registrar at hearing date issued by trademark department.
Opposed in trademark registration is when a third party files application against giving registration of particular trademark to you or someone else. For clearing opposition, a legal case has been fight against opposed party for taking trade mark registration.
Advantage of Trademark Registration:
Legal Protection: Trademark registration provides legal protection against using your trade name and/or mark used by any other person, company or/and firm. No can use your trademark without your prior permission.
Brand Trust: Trademark Registration separates a trademark from others. Registered Brand makes an trusted impression at customer mind set. It builds a trust between trademark owner and his customer.
Popularization: If a trademark is registered then trademark owner is free to promote it at large level without fear of misuse and/or use by any other party.
Three types of Symbol is used for trademark purpose: ‘TM‘, ‘SM‘ and ‘R‘.
TM: Trade Mark applied for. This symbol is used for product when it is not registered but is applied for trademark registration.
SM: Service Mark applied for. This mark is used when trademark is applied for Service/s, not for product.
R: Registered. This mark is used when a trademark has been accepted for registration and registration license has been granted to trademark owner.
Frequently Asked Question about Trademark Registration:
How many types of Classes under Trade Mark Registry?
Ans: Trademark Registry has classified Trademark classes under 45 classes according to product and service type.
In which class Pharmaceutical, Cosmetic, Ayurvedic/Herbal and Food Supplements products/Services and Companies comes?
Ans: Pharmaceutical, Ayurvedic and Nutraceutical Products and preparations fall under class 5 where as companies fall under class 35.
What is the Duration of trademark Registration Certificate Validation?
Ans: A trademark registration is granted for 10 years but trademark licensee can renew it after every 10 year and use it for indefinite period.
When a applicant use symbol ‘TM’?
Ans: After getting trade mark registration number after submitting application, applicant can use symbol ‘TM’ but he/she can’t use ‘R’ symbol unless his/her trademark is received registration certificate.
If my company is registered under Company Act, Do I still need Trademark Registration?
Ans: Company registration under Company Act doesn’t cover or protect brand identity. For example, Your registered a company under company act with name ABCD Herbal private limited. In that case another person is free to register company with name ABCD Ayurvedic Private Limited but if you have trademark registration of ABCD then no one can use ABCD for registration of company even under Company Act because Company Act also doesn’t allow to register a company with name that is trademark registered by other person.
Can I apply for Trademark Registration by own self?
Ans: You can apply by own self at trademark registry website. You will require class III digital signature for applying trademark registration online by own self.
What to confirm before applying a trademark through Advocates and Legal firms/Agencies?
Ans: Applying for Trademark registration is not a big thing. Most of online agencies and advocates lure customers by charging 1000 applying fees plus government fees. Most of them doesn’t cover ‘Objection‘ part in it. Almost of trademarks faces objection during registration process. So before applying through any advocates or/and legal firms first confirm whether they will handle objection or not during registration process. Otherwise you have to pay more money for clearing objection from your trademark registration process.