Conditions For Registration Of Trademark in India

Trademarks are examples of intellectual property. It can be a term, gadget, name, symbol, or any combination of these that is obtained by any organisation or business to distinguish their product from that of others. Any corporate organisation, individual, or legal body can hold a trademark. The Trade Marks Act of 1999, with Trade Marks Rules of 2002, as well as the Trade Marks Amendment Act of 2010 control trademark standards and procedures. You can acquire your Trademark Registration in Delhi.


Originally, trademarks remained regulated by ordinary law, which meant that trademarks became registered by submitting a statement of ownership underneath the Indian Registration Act, 1908. The Trademark Act, which was the oldest law on trademarks in India, has been enacted in 1940 and was later revised more by Trade Marks Amendment Act, 1943. The trademark register used to be part of the trademark department, but it was eventually split off and renamed the trademark registration department.

The Trademark Act of 1940 was repealed on November 25, 1959, as well as the Trade & Merchandise Act of 1958 took hold. The Trademark Act of 1999 updated the Trade and Merchandise Act of 1958. The primary objective of this legislation was to enhance business as well as commercial practices and promote trade and industrial globalisation. The Trademark Rules of 2002 administered the Trademark Act of 1999.

Types of Trademarks

  • Product Mark – A product mark is a trademark that is applied to a commercial item instead of a service. This trademark is primarily used to distinguish the product’s origins and to assist the company to preserve its reputation.
  • Service Mark – A collective mark is a trademark that is registered in the names of a group of people or an organisation. During commercial operations, these are utilised to educate the public well about the group. This logo is utilized whenever a group of individuals works together to safeguard a product or a service. A mark owner can be an organization, a public body, or a Section 8 corporation. The Chartered Accountant certification is a prominent example of a collective mark within India.
  • Certification Mark – This mark is a symbol that indicates the product’s origins, authenticity, substance, or any other special details provided by the proprietor. This mark is primarily used to establish the product’s quality and value. Certification markings can be seen on a variety of products, including packaged meals, toys, and electronics. For instance, ISI, ISO, and so on.

Online Trademark Registration

So, a trademark is a brand or emblem that allows consumers to distinguish your items from those of others. A recognized trademark is an intangible asset that a company owns and uses to protect its investment in a product or symbol. This distinctive identification can take the form of a slogan, a portrait, or a logo, or anything else.

E-Filing: A trademark application can be filed electronically. Prospective users must register, whereas existing users can log in using their username, passwords, or cryptographic signature. The username and access code will be presented after successful authentication. This web interface can be used to file both worldwide and national trademarks.

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How To Register Trademark?

In India, trademark registration is done on a first-come, first-served basis. As a result, it is critical that everyone apply for registration as quickly as possible especially if it is done by The LegalmartTrademark Registration in Delhi. In most cases, registering a trademark takes about 2-3 years unless it is disputed by a third party.

Trademark Search: Trademark research is the preliminary stage in the registration procedure. The search is required to verify the intellectual properties websites for identical trademarks. If a comparable trademark is discovered, read the description to learn more about the goods or services it symbolizes.

Final Words: Only the owners are permitted to file a trademark application in India. If none of the proprietors is present, the petition must be filed through an agent or attorney.  Trademarks distinguish your goods and services from those of your rivals, making it easier for customers to recognise you. Trademarks serve to promote a product’s or service’s reputation and brand recognition. Trademarks aid in the avoidance of service and product origins ambiguity in the marketplace.


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