The following documents should be submitted for trademark registration in India
Apart from the documents, to start online trademark registration in India, the following preliminary details must be provided:
In general there are three types of symbols and are used in different cases as explained below:
The R symbol indicates that a word, phrase, or logo is a registered trademark for a product or service. It should only be used in the case of registered trademarks and by the owner or licensee. Additionally, it should only be used in countries where a valid trademark registration is held and seperate trademark has to be filed in countries one plan to use the trademark internationally.
The trademark symbol ™ indicates that the trademark has been applied for protection and the Applicant for the trademark claims right over the same and it unregistered as of date.
“SM” stands for service mark, often seen in superscript like this: SM. It functions similarly to the TM symbol, providing notice that rights in the mark are claimed. However, it is used exclusively in connection with services, such as banking or legal services, rather than tangible goods.
| Aspect | Copyright | Patents | Trademark | Design |
|---|---|---|---|---|
| What’s Protected? | Original works like books, articles, songs, photos, sculptures, choreography, recordings, movies, and more. | Inventions like processes, machines, products, and improvements to them. | Words, phrases, symbols, or designs that distinguish one party’s goods from others | Aesthetic appearance of a tangible products |
| Requirements | Works must be original, creative, and fixed in a tangible form or digital form on a computer. | Inventions must be new, useful, and not obvious. | Marks must be unique and able to identify the source of goods and services. | Designs must be new and have individual character. |
| Term of Protection | Lasts for the author’s life plus 60 years. | Lasts for 20 years to be renewed annually | Last for 10 years and to be renewed every 10 years. | For 10 years and renewable for additional 5 years. |
| Rights Granted | Control over reproducing, creating new works, distributing, and publicly displaying copyrighted works. | Rights to stop others from making, selling, or using the patented invention. | Right to use the mark and stop others from using similar marks that could cause confusion about where goods/servicescome from. | Exclusive rights to use the design and prevent others from using it without permission. |
