Trademark Registration

Introduction

The Lacoste v. Cartelo case (2024) highlighted the critical importance of trademark registration. Lacoste, owning the right-facing crocodile trademark since 1980, won a two-decade battle against Cartelo (left-facing crocodile) and was awarded ₹17 crore. The case proved two things:

• Register your brand as early as possible.
• Infringement of trademarks can result in huge penalties and loss of reputation.

What is a Trademark?

As per Section 2(zb) of the Trade Marks Act, 1999, a trademark is any mark that distinguishes the goods or services of one person from another. It may include:

• A brand, device, label, logo, name, signature, word, numeral
• Shapes, 3D designs, sounds, colors, or packaging

It is valid for 10 years and can be renewed indefinitely.

Trademark Symbols

• ™: Indicates an unregistered trademark
• ®: Indicates a registered trademark

Who Can Apply?

Individuals, sole proprietors, partnerships, LLPs, companies, NGOs — all can apply.

Trademark Registration Process

1. Class Identification: Identify the class applicable to your goods/services. Seek help from a Trademark Attorney.
2. Application Submission: Submit your application at ipindiaonline.gov.in. MSMEs with Udyam registration get 50% concession in fees.
3. Required Documents: Logo (if applicable), entity proof, first-use date, and Power of Attorney.
4. Single or Multiple Class: File separately for multiple classes; combine logo + wordmark in one if needed.
5. Start Using ™: After filing, you receive an acknowledgment number and can start using the ™ symbol.
6. Examination: Registrar examines the mark and publishes in the Trademark Journal.
7. Registration: If unopposed for 4 months, the Registrar issues the certificate and allows ® use.

Why Is Trademark Registration Important?

• Prevents competitors from copying or misusing your brand
• Ensures your business name is available while incorporating a Pvt. Ltd. or LLP
• Builds customer loyalty and trust
• Gives legal ownership over your brand assets