Introduction
Trademark” means a mark that is unique and used to identify one person’s goods or services from another. It could be a symbol, mark, sign, design, shape, picture, etc. According to section 2(1)(zb) of the Trademark Act 1999, a trademark is a mark that is represented graphically and capable of distinguishing the goods or services of one person from others. It also includes the shape of goods, packaging, and a combination of colours. We all know that creating a brand requires a brand identity that differentiates one brand from others. Creating a brand identity through these symbols (design, logo, etc.) does not guarantee that it can benefit unless or until registering the symbols under the Trademark Act of 1999 because it prevents others from copying your mark and also misrepresenting other products with your mark. Trademarks help customers identify the brand and its value through their mark, such as McDonald’s Golden Arches.
Now, we are going to learn about the step-by-step trademark registration process. In India, the trademark registration process is governed by the Trademark Act of 1999 and the Trademark Rules of 2017. It protects the brand’s unique mark of identity by providing legal rights. The process of trademark registration includes various steps, such as the classification of goods and services, doing a preliminary trademark search, and filing an application, etc., that are prescribed under the Trademark Act of 1999. Once the trademark registration procedure is completed, an applicant receives a trademark certificate that is valid up to 10 years from the date of registration. Still, it is renewable, unlike a patent. The trademark holder has the option to renew their trademark certificate before its expiry.
