Published: March 22, 2025
A trademark is a distinctive sign that identifies and differentiates the goods or services of one entity from those of others. This can include words, phrases, symbols, designs, or a combination thereof. For example, the name “Nike” and its iconic “swoosh” logo both serve as trademarks, signifying products originating from a specific source.
Significance of Trademarks
Trademarks play a crucial role in the marketplace by:
- Identifying the source of goods or services: They inform consumers about the origin of a product or service.
- Ensuring consistent quality: Trademarks assure consumers of the quality associated with a particular brand.
- Facilitating advertising and branding: They serve as pivotal tools in marketing strategies, enhancing brand recognition.
Trademark Registration Process in India
In India, the trademark registration process is managed by the Office of the Controller General of Patents, Designs, and Trademarks. The steps involved are:
- Trademark Search: Before filing, it’s advisable to conduct a comprehensive search to ensure the desired trademark isn’t already registered or pending.
- Filing the Application: Applications can be submitted online via the official website or offline at designated offices in Mumbai, Kolkata, Ahmedabad, Delhi, and Chennai. The application should detail the trademark, the applicant’s information, and the class of goods or services it pertains to.
- Examination: The Registrar examines the application to identify any conflicts with existing trademarks or compliance issues. If objections arise, an examination report is issued.
- Publication: Once accepted, the trademark is published in the Trademark Journal. This allows third parties to oppose the registration within four months.
- Registration: If no opposition is filed or if opposition is resolved in favor of the applicant, the trademark is registered, and a registration certificate is issued.
Duration and Renewal
A registered trademark in India is valid for ten years from the date of application. It can be renewed indefinitely for successive ten-year periods, provided renewal fees are paid.
Recent Developments in Trademark Law
The Ninth Circuit Court of Appeals recently ruled on a case involving the use of a competitor’s trademark in Google Ads. The court concluded that such use does not violate the Lanham Act, emphasizing the need for evidence of actual customer confusion for a claim of trademark infringement.
