Wordmark Registration – Register Your Word Trademark Online

A wordmark registration protects a brand name, a word, a combination of words, a letter or any other distinctive verbal elements used to distinguish the goods or services produced by your business. This is different from a logo-based trademark as this registration covers just the wording, its distinctiveness being assessed.

A trademark can be registered at the Trade Marks Registry by filling in an application in Form TM-A. According to the Trade Marks Rules, 2017, target goods and/or services must be mentioned in the application, their description must be provided and the representation of the trademark supplied where needed.

A word mark trademark is associated with a certain category of trademark protection that pertains to the word elements of a brand rather than its graphic representation. According to the Trade Marks Act, a mark can be a word or name, a letter, a numeral or a combination of these.

If your brand name is distinctive and is being, or is to be used in, connection with your goods or services, you may be able to register it. The amount of protection you will be entitled to will depend on the mark being registered and the conditions of registration.

Yes. Whether a wordmark constitutes a trademark or not is a frequently asked question since applicants very often wrongly think that a wordmark belongs to a different type of intellectual property. The word-based brand can function as a trademark if it is capable of distinguishing your goods and services from those of the rest.

It is important to determine if the proposed name is distinctive enough before filing an application.

Be it an individual, startup, business, partnership, LLP, or any valid legal entity making a claim that includes a mark being used or to be used somewhere by them, a person can apply for Wordmark registration.

The applicant, the identity of the proposed word mark, and the goods or services covered need to be provided correctly in the application. If a person is claiming prior usage of a word mark, then documents demonstrating the usage should be presented as well.

It does not follow that every word is qualified for being trademarked. The Trade Marks Act comprises absolute and relative grounds that restrict registration of some words such as those in contexts of descriptiveness, deception, similarity with previous marks, and distinctiveness.

As per (The Trade Marks Act), some generic words trademark registrations face problems, given that generic wording cannot usually be monopolised in conjunction with specific goods/services.

Words that could create challenges include:

• Generic words for the products or services

• Straightforward words

• Misleading or confusing words

• Restricted words according to law

• Words identical or deceptively similar to existing trademarks

• Certain geographical or combined words

The strength of your application mainly depends on the distinctiveness of the trademark you propose and the goods or services for which protection is required.

When you want to register wordmark, the process involves these folowing stages:

Step 1: Trademark search

First, it's better to check the existing record to ensure there are no identical or potentially conflicting trademarks.

Step 2: Class selection

You pick an appropriate class of goods/services in accordance with the Nice classification

Step 3: Application preparation

In the next step, prepare your application along with all necessary details relating to the applicant & trademark.

Step 4: Filing of TM-A

The application is filed with the Trade Marks Registry along with the prescribed fees.

Step 5: Examination

Upon receiving the application, the registry will examine it and can put up some Trademark objection too, which needs to be clarified for processing the application further.

Step 6: Publication

If the application progresses further, then it gets published into trade marks journal which allows opposition by a third party.

Step 7: Registration

There will be no objection if no one objects and if your Trademark meets all applicable criteria. Accordingly, you will get the Trademark registered.

The Trade Mark Rules, 2017 provide that form TM-A shall be filed as an application for registration and details of relevant goods/Services shall be provided therein.

The documents for wordmark registration have to be immaculate. The list of requirements for Wordmark Registration is:

• Name and address of the applicant

• Company formation documents if applicable

• Title and description of trademark or wordmark

• Description of goods/services

• Affidavit and other evidence if prior use is claimed

• Logo representation if applying for a trademark that consists of a visual format

• Power of Attorney if filing through an agent

• Certificate for Startups & Small Enterprises if the respective fee category is being used

The exact documents may vary based on the applicant and also whether the trademark is applied for based on proposed use or prior use.

The wordmark registration fees depend on the applicant category, the number of classes and the method of filing the application. There are government and professional fees, under the First Schedule of the Trade Marks Rules 2017.

There is no guaranteed fixed period that is given on the official website because the application needs to pass through the examination, publication, and potential trademark opposition.

In general, a registered word trademark is valid for 10 years from the date of submission of the application, provided that relevant legal provisions apply. After this period, it can be renewed for another 10 years.

The trademark regulations describe how the trademark can be renewed with the use of the trademark renewal application form. The application for renewal can be submitted no earlier than one year prior to the expiration date of the last registration.

Yes, during the trademark application process, it is possible to request certain kinds of changes, in accordance with the relevant legal requirements. The Trademark rules include the first trademark application amendment form.

However, you can not expect to make any kind of changes to the application. If a trademark identity is significantly changed, you have to file a new application.

Using a registered word mark without authorization can cause civil and possibly criminal liability as described in the Trademark Act. The remedies that can be granted include injunctions and damages depending on specifics of the situation.

Always carry proof that you are the owner, usage permission, registration proof and a commercial activity pass to support enforcement of the trademark, just in case others try to use your property

Yes, one has to keep track of time and renew the trademark as appropriate. Usually, trademarks can be renewed every ten years by following the necessary procedures.

As timely Trademark Renewal enables you to keep your trademark registered and stay away from the complications of restoration.

Trademark registration falls under the central Trade Marks Registry, which is why one may register his/her trademark in any state of the country – be it Delhi, Maharashtra, Karnataka, Gujarat, Tamil Nadu, Telangana or Uttar Pradesh, etc.

We can help you with search, classification of the words that cannot be trademarked, filing, responding to examination queries and with tracking your application through the entire process. The Trade Marks Registry office is determined based on applicable territorial rules and the applicant’s particulars.

We help clients who often wonder is wordmark a trademark in a variety of sectors, including:

• E-Commerce

• Food and Beverage

• Clothing and Fashion

• Technology and Software

• Health Industry

• Education

• Manufacturing

• Consulting

• Retail

• Hospitality

• Professional Services

BrandRegistration.co.in provides complete assistance with wordmark registration India. It carries out searches, classification, application writing, and tracking for its clients. It assists them in understanding cases of conflict over wordmarks and makes sure that important information is organized in a manner that strengthens their applications.

In addition, if your company is looking for the protection of its logo, you can opt for Logo Copyright Registration as a separate service. Along with the both registrations, you can formulate a strategy that utilizes your brand name and logo together for better marketing.