Trademark is used to signify a company name, brand name, logo or trade symbol or name or label or colour combination which identifies a specific business. In simple words, Trademark also means a:

or the combination of these elements.  In India the Trademark registration assumed its unique importance in all sectors of Business only after the Trade Marks Act, 1999 was enacted. In order to protect your brand from misuse or infringement, trademark registration is a mandatory required.

It is not necessary that a Person who owns a business alone can register a Trademark. Even a person who want to start a business in further can get Registration for the name that he likes.

So, an Individual, Proprietor, Partnership Firm, LLP, Private Limited Company, OPC, Public Limited Company, Society, Trust and even a Non profitable Company can apply for Trademark Registration.

• It provides ownership over your Mark:
• It provides Legal protection against fake or duplication marks:
• It make you earn smart by way of licensing
• The customers can easily identify the origin of the Goods
• Its Provides Exclusive Right

• Grants the right to use R Symbol.
• It gives a Branding status over your goods or service and helps to create trust in customer mind.
• This helps you to overcome domain name disputes.
• A registered Trademark gives the Statutory Right to sue in court.

There are two categories of application. One is Trademark which is in use and a Proposed Trademark.

For filing a Trademark as a proposed mark, it is not required to file any evidences of usage.

But if the application to be filed with a Priority date, then the following documents to be submitted

1. Authorisation Form
2. Affidavit for Usage of the mark
3. Evidences for usages
   • Registration certificates
   • Bills
   • Invoices
4. News Paper Advertisements
5. Logo (if any)

Theabove are the Documents which are required for Registering a Trademark form your side.

• Similar or identical marks: A Trademark cannot be Registered if it is closely similar or identical with an existing Registered Trademark. (Eg. Adidas Vs.Adimas)
• Generic Terms: This is one which is a common dictionary term. The common names like HI or HELLO or GOOD MORNING etc cannot be Registered as a Trademark. (Eg. Welcome, Please etc)
• Descriptive Marks: These are on the other hand describes the quality of service or by itself describes the product. These descriptive Terms cannot be Registered. (Eg. Quality Hotel; Tasty Snacks)
• Surnames: The trademark act does not want a person to hold sole right over a common Surname or Names. Hence registration of Surnames are not possible. (Eg. Rajesh, Mahesh etc)
• Immoral Names: Trademarks which are immoral or scandalous or disparage cannot be Registered as per the Trademark Act.

The Registered Trademark holder can initiate legal actions against the infringer exploit unfair misuse of Registered Mark. As per the Trademark Act, two types of remedies are available for a Registered Trademark owner against the unauthorized use of its Logo or word mark. They are civil and criminal remedies. Civil remedies can be enforced before the court of law and the criminal remedies can be enforce even through the Police Department.