Intangible creations created by the human mind are referred to as intellectual property (IP). Intellectual Property (IP) is traditionally divided into two categories: Industrial Property and Copyright. Patents, trademarks, industrial designs, and geographic indications of origin are all examples of Industrial Property. Literature, art, and music are protected by copyright. In this article, we will learn about Trademark Registration.

Registered trademark is a form of intellectual property that is used by institutions and businesses to differentiate their products from competitors’ products. The trademark can also be known as the brand registration. A trademark registration online may be owned by a business organization, an individual or a legal entity. Trademark laws and regulations are governed by the Trade Marks Act of 1999, the Trade Marks Rules of 2002, and the Trade Marks (Amendment) Rules of 2017. Intellectual property rights can be viewed as a bundle of exclusive rights granted to the lawful owner.


Trademarks became law with effect on 15-09-2003 under Section 2 (1) (2b) of the Trademarks Act 1999. As defined in Section 2 (1) (2b) of the Trademarks Act 1999, a trademark is a graphically represented trademark that distinguishes the goods and services of one person from others. It could also include the shape of the goods, their packaging, or a combination of colors.


In order for a trademark to qualify under the statutory definition, it must satisfy the following essential requirements; a trademark must be visual symbol that indicates some kind of trade connection between the goods or services and the person using the mark.

  1. Marks may be devices (Logo Registration), brands, headings, labels, tickets, names or abbreviations of names, signatures, words, letters or numerals, shapes of goods, packing, or combinations of colors.
  2. It must be able to distinguish between goods and services provided by different individuals.
  3. A graphic representation must be possible.
  4. If it relates to services, it has to do with the availability or performance of the services, or the use of the mark.
  5. To be used or proposed for use in relation to goods or services, it must be used or proposed for use.


In today’s business environment, learning about trademark registration process are important and justified by the following reasons:


As far as the economy is concerned, a trademark is only a symbol that helps consumers identify goods and services that have been satisfactory in the past and distinguish those that have not been satisfactory. Trademarks serve two important market purposes:

  • Producing quality products is encouraged by them and
  • In addition to reducing customer costs, they also facilitate the purchase decision-making process.
  • In a free market economy, trademarks play a crucial role.

In addition to protecting a trade mark owner’s investment in the quality of the mark and the goods or services it identifies, trade mark law also protects the quality of the mark itself. Consumers can also select high-quality and reliable products based on image differentiation. It motivates us to maintain adequate quality standards.


Trademarks are a type of advertising that serves to make it easier for people to recognize the product’s identity and to remember Trademarks are forms of advertising, serving to fix the product’s identity and the producer’s name in the minds of consumers, who see them for marketing purposes.

It has been recognized in the law of trademark that a mark can generate goodwill through advertising if it is successful in creating a favourable image for it in the market place. The ability to generate goodwill through advertising is also recognized by the law of trade mark.


It is true that trademark registrations must be renewed every ten years, but the identity that the trademark gives to a brand can last for eternity once it is registered. Trademarks are registered by people and firms and remain theirs forever.


You may find that a registered trademark proves to be an extremely valuable asset for your business. Over time, the value of these assets keeps on increasing as your business grows. So, as your business grows, so does the value of your trademark.


Many people think that after filing Trademark Application, their job is done. However, what is important to note here is that a trademark application (TM-A) goes through multiple stages of trademark registration and it is important to seek help from a trademark attorney. Compliance Calendar LLP has been helping startups register their brands since 2016 and can help you too.