"Trademark Registration Is Vital To Have A Long-Lasting And Credible Business"
Lacoste v Cartelo was a landmark case that clarified the rules on confusion and co-existence in 2024. This was an interesting trademark case that spanned over two decades where Lacoste (right-facing crocodile) finally saw the sun rising by winning the battle in its favor and the court ruled that Cartelo's (left-facing crocodile) action constituted infringement of the trademark and awarded Lacoste damages worth Rupees Seventeen Crore approximately. Lacoste got its mark registered in 1980 in China while Cartelo did in 1993. This case goes on to show two important things:
- It Is crucial to register your brand as early as it is formed.
- If you infringe an existing mark, you may face heavy damages and lose the brand image.
According to Section 2(zb) of the Trade Marks Act, 1999, a trademark is a mark that can be represented graphically and distinguishes the goods or services of one person from another. It can include :A brand, A device, A heading, A label, A name, A numeral, A signature, A shape of goods, A ticket, and A word. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colors used to create a unique identity. Once a trademark is registered, it remains valid for ten (10) years from the filing date, with the option to renew it indefinitely.
The following symbols may designate a trademark:
- ™: For unregistered trademarks.
- ®: Reserved for registered trademarks.
Who can Apply For A Trademark?
Anyone can apply for a trademark, from individuals to entities like proprietary firms, partnerships, LLPs, private companies, and NGOs.
Registration Process:
The steps to apply are:
Class Identification: Determine the class(es) applicable to your products/services. Seek advice from a Trademark attorney to ensure availability and determine the feasibility of registration.
Application Submission: Once the mark is available, submit a TM application through the official IP India website (https://ipindiaonline.gov.in). Entities registered as MSMEs (with Udhyam certificate) receive a 50% fee subsidy.
Required Documents: Submit documents such as the logo file, business proof, userdate, and a Power of Attorney (POA) authorizing the attorney to apply.
Application Options: You may apply for both a logo and wordmark in a single application, but separate applications are needed if applying across multiple classes.
™ Usage: An acknowledgment number is generated to track the application status on the website. Upon application completion, begin using the ™ symbol.
Examination and Publication: The Registrar reviews the application. If no issues arise, the trademark will be published in the Indian Trademark Journal.
Registration Certificate: Following a four-month period for public objections, if unopposed, the Registrar issues a Registration Certificate, allowing the use of the ® symbol finally.
While the initial application process can be completed within a week, obtaining the final ®symbol may take one to two years.
Importance Of Trademark Registration In Business:
Having a registered trademark is advantageous when applying for a Pvt. Ltd. or LLP name, as many name applications are rejected due to existing trademarks. Hence, be it building customer trust or brand identity, securing a mark in your name for business purposes, or being a step ahead of your competitors by having an established brand, Trademark registration is vital to have a long-lasting and credible business.