A trademark is a recognizable sign, word, logo, phrase, design, or a combination of these that distinguishes the goods or services of one business from those of others. It helps consumers identify the source of a product or service and ensures brand protection for the business owner.
Legally, a trademark grants the owner exclusive rights to use it in connection with specific goods or services, and prevents others from using a confusingly similar mark.
“A trademark is a unique sign, name, word, symbol, design, or a combination of these used by a business to identify its goods or services and distinguish them from those of others.”
It helps in:
- Brand identity
- Legal protection
- Consumer trust
Type of Trademark:
Word Mark – A trademark consisting of text only, such as a brand name or slogan (e.g., TATA, AMUL).
Device Mark – A logo or image, often used with or without text, that represents the brand visually.
Combination Mark – A mix of both word and device elements (e.g., Nestlé logo with the word).
Sound Mark – A unique sound associated with a brand (e.g., the Nokia ringtone).
Shape Mark – The distinctive shape of a product or its packaging (e.g., the Coca-Cola bottle shape).
Color Mark – A specific color or combination of colors uniquely associated with a brand (e.g., Cadbury purple).
Smell Mark – Rare, but a distinctive smell used to identify a product (used more in perfumes or some novelty goods).
Pattern Mark – A pattern uniquely used on products or packaging (e.g., Louis Vuitton’s pattern design).
Basic Documents (for all applicants):
- Trademark/Brand Name/Logo – The word or logo you want to register.
- Applicant’s Details – Name, address, and nationality.
- Proof of Business – Partnership deed / Incorporation certificate / MSME / GST (optional but helpful).
- Power of Attorney (Form TM-48) – Signed by the applicant to authorize the trademark agent or attorney.
- Description of Goods/Services – The class under which the trademark falls (as per NICE Classification).
- User Affidavit (if claiming prior use) – With proof showing when and how the trademark was first used (e.g., invoices, website, ads).
Additional Documents (based on applicant type):
| Applicant Type | Additional Document Required |
|---|---|
| Individual / Sole Proprietor | Government ID (Aadhaar/PAN/Passport) |
| Company (Pvt Ltd / LLP) | Certificate of Incorporation, Board Resolution (if needed) |
| Partnership Firm / LLP | Partnership Deed or LLP Agreement |
| Startups / MSMEs | Udyam/MSME Certificate (to avail fee concession) |