A trademark veritably denotes to a visional symbol, that can be anything from words, machines, devices, labels to numerical that are often used in business for characterizing goods or services which are similar to other goods or services generated from other distinctive and clashing business. A trademark that has been registered serves as an asset which is intangible or even enjoys the status of an intellectual property for the business for acting as a shield in protecting the investment of the company in the branding process and symbol. Registration for trademark can only be granted when it is distinguishable from the other goods and services while trademarks which are proposed if found analogous and interchangeable anticipate a clear rejection in terms of registration followed by outrageous, distasteful, universal, in-distinctive, fallacious ones or anything consisting of protected emblems too meet the wrath of rejection.

In India, trademarks are certified by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks having the registration under the Trademark Act, 1999 grant the owners with the pivotal right of suing for damages inflicted due to infringing. The validity of a trademark is for a term of ten years after which an application for renewing is required to be filed for the succeeding ten years.

Why should one register a Trademark?

• Assurance of a protection by legal means : Only holders of the registered trademarks can be permitted from taking actions or suing for the damages incurred for infringing the trademark which diversely cannot be enforced if the trademark remains unregistered.
• Bearing an identity that is unique:Filing a trademark builds an identity and a brand which is exclusive and limited to one’s goods or services. As such various competitors in the market will be refrained from using the trademark for other analogous goods or services.
• Formation of an asset:Filing of trademark establishes an intellectual property which becomes a well known asset for the concerned organisation due to its intangible nature. A trademark that has been registered is often contemplated as a right which can be used for selling, franchising or for commercial contract purposes.
• Goodwill:The trademarks that have been registered create an impression of goodwill, quality into the customer’s mind which becomes favourable and exclusive for one’s business.
• Universal Trademark Filing:A trademark that has been filed in India could be used as base to file trademark in various other countries as well which is not only confined to the citizens of the country but also open to foreigners and other international entities for filing in India.

What documents are necessary for registering a Trademark? 

• The proof of identity: Passports, driving license, aadhaar cards, etc are required for filing an application for trademark. In case of a partnership deed/incorporation certificate is required for the legal entities / bodies which have been registered.
• A Logo which has a catchy Tagline: A logo is not necessary when there are words. Logo should be either in black or white in colour consisting of same words as mentioned in the trademark application.
• Form-48 and a User Affidavit: The Form-48permits authority to the Attorney to file an application on behalf of someone with trademark Registrar. An affidavit must be submitted to claim a previous application that had been made upon.

How much amount is charged to register a Trademark?
For individuals /Start-Ups/ Small and Medium Enterprises the basic cost revolves around Rs.4500 while Rs.9000 is charged for others being a subject to the mark and class.

Steps involved for Trademark registration in India:
Selection of a trademark: One of the Herculean tasks for trademark owner lies in selecting a trademark as that in the long run turns into a brand while making changes in later stage becomes very difficult.
Classification of the goods and services: This becomes immensely important for protection of a trademark for the right goods and services which are being offered under the trademark name.
Searching for a trademark: Involves searching of miscellaneous office records of trademark to find similar marks in the same category /classes that are chosen by an individual for checking if somebody earlier had applied .Searching on internet is highly suggestible with due importance to be given to the jurisdictions .
Filing the application Professionals may charge an amount ranging from Rs.999 and above per trademark per class + Rs.4500/9000 as standard fees per mark per class.
Objections when raised by the office of trademark: While examining an application for registering the trademark, same must be responded and complied in a month from the date of such objection.
Advertising of application in journals: This becomes significant as anytime opposition might arise from third parties claiming the disputed mark as being their mark. The proceedings involved are lengthy and expensive which could be ignored if suitable strategies are followed before filing of the application.
Registration: If there is no opposition within 4 months from the date of advertisement, registration can be granted that has a validity of 10 years from the date of the application.
Renewing of trademark in India: It can be filed six months before the date of expiration.

Renowned example of trademarks:
Coca cola and Pepsi are two distinct trademarks despite belonging to the same industry (beverages) that recognizes the source / origin of the goods and quality indication.

Who can apply for trademark?
Any individual/company/owner/ legal entity who claim to be owner of a trademark can apply. The trademark application should be filed within few days while can start the use of “TM” symbol, all the formalities pertaining to the registration takes around eighteen to twenty-four months.

Functions of a trademark:
• Identification of service/ product / source.
• Provides guarantee to the quality.
• Helps in advertising of the service/product.

Thus, one’s own brand is a valuable asset for its business hence one ought to dedicate enough time to choose upon an appropriate service provider which then submits the list of the trademark that have been registered from amongst the one can verify followed by cross review various application numbers at the website through computerisation of numbers.