In India, cosmetic products are governed by this law, where cosmetic manufacturers and importers must obtain a cosmetic license. The manufacturing license is provided by the SLAs (State Licensing Authorities), designated within each state by the state government. To import cosmetics, an individual has to approach the CLAs (Central Licensing Authorities), known as the Drugs Controller General of India.

This comprehensive blog sheds light on the Cosmetic Registration and cosmetic license in India, along with its significance in accelerating brand credibility and growth.

Cosmetic License for Importers and Manufacturers

As per the Central Drugs Standard Control Organization (CDSCO), no cosmetic product can be imported into the country unless it is registered with the Central Licensing Authority of CDSCO. Similarly, a Cosmetic Manufacturing License is granted by the SLAs and requires compliance of the manufactured cosmetic products with set quality and safety guidelines.

How to Obtain a Cosmetic License for Ayurvedic and Herbal Products? In India, cosmetics that include herbal and ayurvedic content are also subject to CDSCO licensing and regulatory compliances. To secure the cosmetic license, applicants are first required to visit website, sign up, and create login credentials. Upon signing in, the applicant has to select the form type such as COS-5 (obtained for a license to manufacture cosmetics for sale or distribution), Form 31 (renewal of cosmetic manufacturing and distribution license), or COS 2 (for cosmetic import registration certificate).

Moving further, submit the required documents and pay the applicable fee. A designated officer will review the application and check whether it complies with the provision of the cosmetic rule. If the application is found satisfactory, the applicant will be offered the approval letter on their SUGAM dashboard. However, in case the application is unsatisfactory for the authorities, the discrepancies will be intimated to the applicant through their SUGAM profile.

Documents Required to Apply for a Cosmetic License

To obtain a cosmetic license certificate, applicants have to submit the following list of documents:

• Cover letter specifying the purpose of the application
• List of ingredients used in the cosmetic product along with its content’s percentage
• Label of proposed cosmetic products
• Testing methods and specifications for testing cosmetics
• Package inserts

For importers, the following additional documents are mandatory:

• Authorization by the manufacturer which has to be duly authenticated.
• Free Sale Certificate
• Declaration for hexachlorophene content and heavy metal
• Manufacturing license
• Fee payment receipt
• Non Animal testing declaration
• Any other documents as sought by the authority
• GSTIN and IEC details of the company

Labelling Provisions under the Drugs and Cosmetic Rules

As per the Drugs and Cosmetic Rules 1945, no person can sell or distribute cosmetic products unless it is manufactured by a licensed entity and comply with labeling and packaging provisions. A cosmetic product must contain, on both inner packaging as well as outer label, the name and complete address of the premises on which it is manufactured.

In case the product is very small in size, and where it is not easy to provide the manufacturer’s address, the name of the manufacturer should be provided with their pin code. In addition, if a product poses a hazard, the inner label must provide adequate direction for its safe usage, name and quantity of hazardous ingredients, and caution or warning to be followed by the customer.

A cosmetic product must list the ingredients used in its content, where the concentration of each used item must be listed in decreasing order of volume or weight. This provision, however, does not apply to packages that contain less than 60 ml of liquid and 30 grams of semi-solid or solid materials. No cosmetic product should convey any misleading or false claims and alert users (in the case of hair dyes, pigments, and color) regarding ingredients that cause skin irritation and serious inflammation.

Why Cosmetic Certification is Important for Cosmetics?

In the Indian cosmetic industry, cosmetic license certificates have transformed the way entities operate, making them obliged to comply with rules that ensure the quality, safety, and efficacy of cosmetic products. Manufacturers, importers, as well as distributors, and every key stakeholder are now delegated the responsibility to deliver cosmetic products that meet quality standards, do not deceive the customers, do not contain misbranding elements, and are not banned by the authorities.

A cosmetic license oversees everything, from a product’s sourcing, labeling, and testing, to its environmental implications. The certification, granted by the CDSCO, plays a pivotal role in ensuring consumer safety and the brand’s credibility. It provides numerous benefits, such as:

• Assure about Quality and Safety: A cosmetic product backed by a license demonstrates that it has gone through rigorous testing and stringent checks, conducted by a competent authority. Testing of products helps in determining that the product is safe for use and is of optimal quality. This is essential to demonstrate the brand’s credibility and communicate its vision that values public safety.
• Demonstrate Ethical Practices: A valid cosmetic license indicates that the product is manufactured and processed under ethical working conditions, does not cause any harm to the environment, and implements fair labor approaches. This way, the certification helps attract those consumers who prioritize ethical business practices and favor certified products over uncertified ones.
• Differentiate from Rivals: Markets, all across the globe, remain bombarded with cosmetic products. With different brands, different labeling, and a myriad of ingredients, the products can create a pile one would take years to climb onto. So what makes a product stand out in this congested market? The answer is the brand’s credibility that is built upon the certification, assuring that their products are not only of top-notch quality, but also crafted through responsible practices.
• Facilitate Expansion: A licensed cosmetic product is likely to enter a new market at a faster pace if compared with those that are not backed by any authorization. Several countries require the cosmetic products, reaching their market, to be certified and backed by a competent authority. Having the certification, thus, helps streamline the approval process of entering into newer and larger markets.
• Increased Compliance: Certification is an indicator that the product has undergone scrutiny by the authorities and complies with the regulations that ensure its safety and reliability. This helps boost consumers’ confidence and bring transparency into the usage of ingredients, quality control measures, and the manufacturing process.

Overall, the Impact of Cosmetic Registration on Brand Authenticity and credibility has allowed the business to gain a competitive edge and brought greater accountability to their practices. The certification ensures that only safe and quality products are delivered to the market, enabling the consumers to place their faith in the business and confidently make the purchase decision.

Final Thoughts

The Indian pharmaceutical and cosmetic industry is governed by an organization named CDSCO (Central Drugs Standard Control Organization) that operates under the purview of the Ministry of Health and Family Welfare, Government of India. The organization regulates cosmetics, ensuring that only optimal quality and safe-to-use products reach the market. Thus, it becomes mandatory for both manufacturers and importers to secure a Cosmetic Manufacturing License and a cosmetic importer license.

Before importing or selling cosmetic products, applicants have to specify the name of their item, its pack size, labeling information, details pertaining to their manufacturing facility, and whether any harmful metal is used, among others. Reach out to Legal Raasta Private Limited to understand every prerequisite and regulation you should be aware of before initiating your venture into the cosmetic industry.

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In the United States, trademark registration is handled by the USPTO (United States Patent and Trademark Office). However, in case someone wishes to register their trademark in multiple countries at the same time, they can use the Madrid System which is a WIPO’s centralized trademark application process.

This comprehensive blog highlights the role of trademarks in driving business growth and enhancing brand recognition, along with brief insights into the Madrid system of WIPO.

What is the Madrid System under Trademark Protection?

Imagine a corporation that intends to expand its business to Australia, Canada, and Japan, all at once. However, the entity is worried about its brand name and its specialized product becoming a target of counterfeiting and trademark offenders. To tackle this, the business considered applying for trademark registration in each of these countries, navigating through their regulatory process of registration and other pivotal requirements. Soon it realized how cumbersome it could be to apply in each country, meet each of their standards, pay the varying fees, and submit documents that are not so easy to compile and furnish.

The Madrid trademark system, administrated by the WIPO (World Intellectual Property Organization) resolves this issue and provides a centralized system where a person can use a single application to obtain trademark protection in multiple countries. The system governed by the Madrid Agreement (1891) transformed the way of obtaining trademark certificates, by cutting down the overall costs and time that would have gone into preparing and filing numerous applications in each of the countries.

To apply for a trademark under the Madrid system, the applicant is mandated to first have it registered (or pending registration) in its regional or national jurisdiction. Thus, it emphasizes the fact that in case someone from India wishes to apply for an international trademark, he/she must have applied for or registered their trademark in India first. In addition, the trademark element must be the same on both international applications and the one already/about to get registered in the home country.

Applicants must check their eligibility before proceeding with the application. For instance, only those nationals or residents can apply for international trademarks under the Madrid system whose country is a signatory to the system. In addition, the IP office of each member of the system performs an examination of the application to determine whether it should grant or refuse the trademark protection. The time limit for this is from 12 to 18 months.

A wordmark safeguards the word, letter, or numerals of a brand with no protection provided to its design or graphical elements. Such trademarks do not consider how the element is presented or designed. For instance, if a company registers its wordmark ‘ABC Ltd’, only the term will receive protection, not the specific font or color used. On the other hand, a design mark trademark takes a more comprehensive approach, protecting not just the text but also the visual elements like typography, color, shape, composition, layout, and other design features. To apply trademark online, businesses can easily navigate the process and ensure their brand’s unique visual identity is properly safeguarded.

Role of Trademark Protection in Enhancing Brand Growth

Brand growth refers to strengthening of brand’s presence in the market. It makes the products or services of the business more visible, create strong customer relationships, and increase the popularity of the brand. Trademark registration helps in driving business growth due to the following reasons:

• Establish Legal Ownership: The trademark registration provides exclusive rights over their proposed mark, allowing owners to use it in relation to specific goods and services. This prevents others from using the same trademark such as a particular symbol or a catchy logo. It prevents the risk of any confusion that can hamper the sales, market share, and customer base of the business.
• Prevent Unauthorized Use: Trademark registration ensures that nobody uses the registered mark without prior approval from the owner. In case someone infringes or imitates the mark to deliberately deceive the customers or steal the popularity of the brand to drive its sales, the infringer can attract an infringement suit against him and other legal charges causing it to pay a hefty amount to compensate for the damages.
• Improve Brand Identity: Trademarks shape the perception of customers and communicate the brand’s value, vision, and practices to key stakeholders including customers. A trademark helps in marketing and deepening connections by allowing the business to endorse its brand in sponsoring events, packaging, websites, social media platforms, and meetups. This in turn improves the brand identity and enhances business sales and revenue.
• Deter Imitation: By registering the trademark, brands can eliminate the risk of duplicity of their mark. The registration ensures that no individual or corporation illicitly benefits from the established goodwill and reputation of another brand. Trademarks protect both the customers and the brand from counterfeit and fake products by allowing them to take legal recourse.

How Tech Innovations Are Shaping Brand Name Registration? Integration of technology has streamlined the trademark search, a crucial step in the registration process that identifies whether the proposed mark can be used by the business without infringing on other existing marks. The use of artificial intelligence and machine learning has allowed the business to register its brand name in a seamless and quicker manner. In addition, chatbots are helping applicants to resolve their queries in just one tap.

How Trademark Registration Increase Brand Recognition?

Brand recognition refers to how well and easily a customer is able to identify a specific brand through its logos, colors, jingles, packaging, taglines, or other trademarked element. A business plan and execute several strategies to strengthen brand recognition, a key aspect in increasing brand loyalty, and sales, command price mechanism, and gain competitive advantage over others. Trademark registration contributes to increasing brand recognition with the help of the following features:

• Build Brand Identity: A distinct trademark (word, letter, slogan, logo, packaging, or shape of the object) conveys the brand’s essence and helps customers to recognize the brand with ease. This solidifies the market presence of the company and helps it stand out from competitors, creating a distinct brand identity and enhancing brand recognition.
• Differentiate Goods and Services: Trademarks act as an effective marketing and communication tool. The registration ensures that the brand is distinct, unique, and recognizable in a crowded marketplace. Through meaningful logos or creative jingles, a brand communicates its vision and idea and allows the creation of a deeper connection between the organization and its customers.
• Foster Trust and Credibility: As the business progresses, the registered trademark becomes a mark of quality assurance and demonstrates that the business is secure and reliable to connect with. Trademark reflects the brand’s reputation across all platforms and turns into a symbol of authenticity, playing a key role in demonstrating the credibility of the business.

How Brand Name Registration Boosts Business Credibility? Brand name registration secures the trademark certification and helps boost the credibility of the business by demonstrating the brand’s authenticity, reliability, quality of its goods or services, and commitment to adhering to best practices. It builds a distinct identity and assures customers of its reliability and consistency.

Conclusion

To apply trademark online in India, applicants have to choose a unique mark and register as a new user on the IP India portal to initiate the registration process. It is imperative to identify which class the chosen trademark falls into out of 45 available classes of goods and services. Moving forward, the applicant is then suggested to conduct a thorough trademark search either by itself or through the trademark attorney they have hired to act on their behalf in the regulatory process. The search will help brands identify that they do not choose a mark that is the same or deceptively similar to an already registered one.

A trademark can be a word, letter, phrase, or graphic. Logo, number, sound mark, some specific color, or a combination of any of these. To pick a trademark, applicants must ensure that it is not generic, offensive, or descriptive. A scandalous or derogatory mark, or trademark that is based on a common person’s name, geographical location, or mark that lacks distinctiveness, will become ineligible to be proposed as a valid mark during application. Connect with the trademark professionals of Legal Raasta to understand the complex nuances of trademark regulations and obtain your trademark registration certification with personalized and quality legal services.

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The legislation provides exclusive rights to the trademark owners that deter any individual from using their mark without prior consent. Trademarks are the cornerstone on which companies create their brand reputation, goodwill, and image. Thus, any blow to the trademark can potentially impact these aspects of the business, causing their operations to take a setback and surge in overall entrepreneurial costs.

Let’s understand how brand and trademark registration safeguard every enterprise from trademark infringement, types of infringements, and effective methodologies to seek remedial benefits.

What is Trademark Infringement within the TM Framework?

Before we understand trademark infringement, it is essential to understand why trademark registration is important and why one should even register if it’s not mandatory.

A trademark could be anything, from a catchy logo, a specific colour combination, or a musical jingle, to a different packaging style.

Businesses brainstorm these elements and start using the mark in their marketing, advertising, product packaging, and while rending their services. However, they often fail to consider registering it with the concerned officials and list them in the trademarks registry. With time, companies reach an immense height of success, customers start attaching them to brands that value quality and commitment, their market share soars to unprecedented levels, and where the trademark becomes the face of the business. However, one day, a corporation comes out with the same counterfeited product and starts endorsing it through deceptively similar marks.
This will not only deceive and confuse the customers but can also cause a significant blow to the reputation and market share of the original business.

Thus, having a Brand Name Registration or trademark registration allows companies to seek legal actions against these offenders, pursue charges for compensation, help in creating a unique identity, and prevent competitors from capitalizing on their brand name, reputation, and goodwill.

Brands can commercially lease their trademark to other companies and individuals by entering into contracts, with terms agreed upon by both parties and for a nominal fee or royalties. Companies can use franchising, merchandising, or co-branding opportunities that allow third parties to use the trademark. However, if such parties use the trademark without obtaining the permission of the mark’s owner beforehand, it is considered a case of trademark infringement.

Direct and Indirect Infringement under Trademark

Through Brand registration, companies can take a proactive approach to safeguarding their intellectual property, i.e., their trademark. The mark creates a unique identity and allows customers to easily identify and differentiate the company from others. The mark serves as a notice to the public, indicating its
source of origin and quality of products and services.

Trademark infringement is categorized into two types namely direct infringement and indirect infringement. Direct infringement occurs when an unauthorized individual or company uses a strikingly similar or completely identical mark without prior permission of the trademark owner. On the other hand, indirect infringement is detected when a company that is not directly involved in the infringement but has encouraged or assisted another entity in the offense.

Managing and Protecting Trademark Ownership Rights involves various steps including conducting a trademark search and trademark monitoring post-registration. This allows brands to continuously keep track and watch over filed, accepted, and advertised trademark that potentially infringes on their own mark and can cause harm to their business. Undertake these steps to early detect such instances and stop potential infringements by issuing cease and desist orders and using other approaches.

What are Trademark Remedies in Case of Infringement?

In any country that has laid down acts and rules to safeguard trademarks, patents, or copyrights, their infringement becomes a cognizable offense. It means that authorities have the right to arrest the offender, impose fines, and conduct a criminal investigation.

Within brand and trademark registration, trademark remedies refer to legal actions that safeguard companies in case their trademark is used without their permission. It is a judicial relief exercised by the companies and through which these entities can ask offenders to compensate for the harm they inflicted on their business.

Civil Remedies: Civil remedies within the trademark registration involve imposition of injunction orders, seeking compensation for damages, and other steps through an order of court.

• Injunctions: Injunctions are court orders compelling an offender to stop doing the specific action that causes harm or damage to the aggrieved party. In case of trademark infringement, the court can order the offender to stop using the mark. Injunction can be permanent or temporary.
• Damages: An aggrieved company can seek compensation for the damages caused by the offender. Compensation can be in the form of reimbursing monetary amounts and additional amounts for intangible damages caused to the business.
• Account of Profits: Imagine a company that stole the mark of a well-established brand and earned a huge amount of profits by capitalizing on its goodwill and reputation. In this case, the original owner of the trademark can ask the infringer to disclose their earned amount and surrender all of the profits accumulated through unauthorized use of the mark.
• Passing Off: Passing off is an act of selling goods and services with a trademark that is deceptively similar to another brand’s trademark. This is mainly done to deceive the customers into believing they are buying the original products.
• Seizure of Infringed Goods: The court can order the authorities to seize and destroy counterfeit goods or products that bear an infringed mark.
• Cancellation of Trademarks: The court can issue orders to cancel the trademark registration of an individual or company that has infringed on the mark of others.

Criminal Remedies: Criminal actions punish offenders through legal proceedings and deter them from future offenses. Sections 103, 104, and 105 of the Trademarks Act 1999 lay down guidelines on criminal remedies for trademark infringement in India.

• Imprisonment: Trademark Registration empowers brands to take legal action which may conclude with severe criminal charges and imprisonment. In India, contravening the Trademark Act 1999 regulations can lead to the imposition of imprisonment of a minimum of 6 months, extending up to 3 years.
• Fines and Penalties: In India, infringing on the trademark of any existing brand can also attract penalties and fines of a minimum of INR 50,000. This can be increased up to INR 2 Lakhs.
• Criminal Lawsuits: Any aggrieved party under the trademark infringement can approach the magistrate to file a complaint or register a First Information Report (FIR) at the local police department.

Avail our services to seamlessly secure your trademark registration certificate, conduct trademark search, and trademark monitoring, and Ultimate Guide to Online Trademark Registration in India.

Trademark Registration Protecting Companies In India

TM registration protects brands from counterfeit goods and fraudulent practices undertaken by any competitive firm or unknown third party. The mark helps in building credibility and makes the brand stand out in the congested market. It demonstrates the upholding of integrity and professionalism by the brand, acts as a key piece of document in case the company decides to go global, and deters anyone from capitalizing on its growth so far. And bonus points, a brand can also generate a source of additional revenue through their registered trademark by leasing, co-branding, and franchising opportunities.

Final Thoughts

Before initiating the Brand registration or any other form of trademark registration, it is crucial to gain comprehensive insights into its regulatory process. For instance, a trademark search is an essential step that helps the applicant understand whether the proposed mark to the authorities is available for use or not. It will also help in analyzing whether it infringes on a mark already registered with the Trademarks Registry.

A trademark is a valuable business asset that must be proactively safeguarded to maintain the link between business and customers. The longer someone else uses your mark, the vaguer and more ambiguous your mark will become in the eyes of customers. The infringement will harm your market share, your sales and revenue, your customer base, and eventually your position in the market. Reach out to the trademark professionals of Legal Raasta who possess years of experience and profound knowledge concerning trademark registration in all the major countries of the globe.

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As per the Legal Metrology Packaged Commodities Rules 2011, every label/ packaging of pre-packaged goods is required to bear certain particulars. The law requires every container or wrapper of such commodities to contain certain information in a legible, clean, and conspicuous manner.

Let’s delve deeper and get detailed insights into the labeling requirements of LMPC (Legal Metrology Packaged Commodity) and other key aspects such as the manner of declaration, use of standards, and documents required.

Why Obtaining LMPC Certificate in India is Important?

In India, every manufacturer, packer, importer, retailer, and distributor of pre-packaged commodities is mandated to possess a valid LMPC Certificate. As per the Legal Metrology Act 2009, pre-packaged commodity refers to those products that are kept in a container, wrapped in a wrapper, or sealed in any other package before being sold to consumers.

Why Every Packaged Goods Seller Should Get an LMPC Certificate? Consumers rely on the labels of products to make informed decisions regarding whether to purchase them or not. For this, they must be aware of the net quantity of the product, its date of manufacturing, ingredients, maximum retail price, and date of expiry, among others. An LMPC certification obliges entities in the supply chain to adhere to the disclosure norms and provide these details accurately and fairly.

LMPC certificate ensures that no product is misrepresented with regard to its quantity or follows any unfair trade practices. In addition, it ensures that every business conforms to the regulations and maintains uniformity in trade, especially while shipping the product beyond domestic borders.

Mandatory Labeling Requirements under LMPC Certificate

Within the LMPC Certification process, there are multiple regulatory requirements including rules governing the labelling and packaging of pre-packaged products. Businesses are required to pre-print certain information on the packaging of the product. These key details include the following mandatory declarations:

• Name and Address: Every package should bear the name and address of the manufacturer or packer. In case the product is not manufactured in the home country but is being imported by an importer, the address must be of the importer declared on the package. In case someone wishes to print/write a short address on the pack, they have to get prior approval from the Director or Controller of concerned Legal Metrology.
• Name of the Product: The generic or common name of the product must be clearly and vividly mentioned on the packaging. In case the package contains more than one product, each product should have its respective name on its wrapper/ container.
• Net Quantity: The commodity’s packaging must contain the net quantity of the product in standard units such as weight, length, volume, etc. It must exclude the (weight, length, volume, etc.) of the packaging and wrapper.
• Manufacturing Timeline: The package shall mention the month and year in which the product was manufactured/ packed/ imported.
• MRP (Maximum Retail Price): Every pre-packaged product must contain the retail sale price, that is the maximum price at which the product can be sold to the customer. The particulars should initiate with Max. or Maximum Retail Price Rs/ ₹ along with inclusive of all taxes. In case the price includes a fraction less than 50 paise, it must be rounded off to proceeding rupees.
• Country of Origin: In case a product is imported from a country other than the domestic country, the pack must specify the name of the country from where the product was sourced.

How Legal Metrology Rules Affect Product Labeling & Packaging? The Legal Metrology Commodities Rules 2011 mandate producers/ packers/ importers to make certain declarations in a conspicuous and clear manner. This is done to safeguard customers from any misleading, unfair, or deceiving practices and ensure that customers receive the specified quantity and correct ingredients for what they have paid for.

Manner of Declaration to be Made on Packaged Products

Every declaration required to be made on the label of the products should be printed/inscribed in a certain manner. The manner of declaration is as follows:

• Legible: The particulars mentioned on the product must be easily readable, definite (clearly stated), plain, and clearly visible.
• Colour: Numerals to be mentioned on the pack can be printed, inscribed, or painted in a colour contrasting with the background of the label.
• Written Particulars: In case the particulars are printed in hand-script or handwritten format, the information must be legible, unambiguous, and clear.
• Language: Name, address, and other key particulars on the pack can be printed either in English or Hindi in Devnagri Script.
• Contact Details: Every product shall bear the name, telephone number, address, and email address of the person who can be contacted to lodge any consumer complaint.
• Provision for Misleading Information: The label must not contain any information that deliberately aims to mislead and deceive the customers, is deemed false, or creates an erroneous impression.
• Height of letters: The height of a letter (words or numerals) cannot be less than 1 mm and when it is folded, formed, blown, or perforated, it must not be less than 2 mm.
• Package with One or More Containers: In case the package contains more than one product, the declaration has to be made in each of these on their wrapper/ container along with outside packaging.

Standards Used in Pre-Packaging under LMPC Rules

In a pre-packaged product, quantity must be expressed in terms of a certain weight or measure to provide accurate and sufficient information to the customers. The weight or measure used in the product can be any of the below mentioned units:

• Volume: If the product is sold by cubic measure or is a liquid, quantity can be expressed in terms of volume (liters and milliliters).
• Area: If the commodity is sold by the measure of area, quantity can be mentioned as square centimeters, square meters, etc.
• Length: If the item is sold by linear measures, such as meters and centimeters, the quantity should be declared in terms of length.
• Mass: In case the pre-packaged product is solid, semi-solid, a mixture of solid or liquid, or viscous, it can specify the quantity in terms of mass (kilograms, grams, milligrams, etc.).
• Number: Items that are not sold by any other measure but by number, such as eggs, electronics, stationary, etc., the quantity should be expressed in terms of number (N or U).

Note: The declaration can be made on a tape, card, tag, or any other similar element, affixed to the customer in such a way that it cannot be taken out/ removed without opening the container.

List of Documents Needed to Apply for LMPC Certificate

LMPC Certificate for Import, manufacturing, and packing requires submission of the following documents:

• Identity proof of applicant (Aadhar Card, PAN Card, Voter ID Card, Passport, etc.)
• Applicant address proof (Aadhar Card, Voter ID Card, any recent Utility Bill)
• GST registration Certificate
• Business Address proof (Lease Agreement, recent utility bill, property tax receipt)
• IEC (Import Export Code) for importers.
• Memorandum of Association or Partnership Deed, depending on the type of company.
• Sample of Packaging, either physical samples of images of the packaging material or label.
• Passport-sized photographs of the company’s directors, proprietors, partners, etc.
• Identity and address proof of authorized personnel.
• PAN card of promoter and firm.
• DSC (Digital Signature Certificate)

Along with these, an applicant might be requested to furnish additional documents depending on the type of applicant and situation. These are as follows:

• Factory License, Trade License, or Manufacturing License.
• No Objection Certificate from Pollution Control Board.
• Receipt of offenses against the applicant.
• List of products for which LMPC certificate is sought.

Note: Every Pre-packaged item is required to adhere to the standard packaging sizes as prescribed in the Second Schedule of LMPC Rules 2011. However, in case a product does not have a standard pack size, it must have a declaration saying ‘non standard size under the Legal Metrology Packaged Commodities Rules 2011’ or ‘Not a standard pack size under the Legal Metrology Packaged Commodities Rules 2011’.

Conclusion

In India, the LMPC Certificate for Import is issued by the Department of Legal Metrology, an office operational under the Ministry of Consumer Affairs, Food, and Public Distribution. To successfully import the products, customer authorities mandate importers to furnish an LMPC certificate, indicating that the shipment meets the necessary standards of weight, labeling, etc. LMPC certificate empowers customers to make informed decisions while making the purchase, facilitates smoother entry into the Indian markets, and ensures that no unfair trade practices are being followed to deliberately deceive or mislead the customers. Connect with the LMPC Professionals of Legal Raasta to get a better understanding of LMPC regulatory provisions and compliances entities must fulfill to continue their trade and commercial operations.

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Following this, applicants have to wait for the report of the examiner who will either accept the application or raise objections, specifying which elements require alterations, infringe on which mark, and other key information. In case the mark is approved, the registry publishes the mark in a Trademark Journal which is accessible to the public and allows them to raise objections. A mark stays in the journal for four months after which it receives the official trademark registration certificate.

In this blog we discuss about the post-registration requirements of a registered trademark and how businesses can ensure its maintenance.

What is Trademark Registration Under the Trademark Rules?

According to the Trademarks Act 1999, a trademark or certification mark is a visual element, typography, or any other element that has the capability to distinguish the goods and services of one entity from another. A trademark is a graphically represented mark that also includes the packaging of a product, its distinct or unique shape, and the use of a catchy combination of colors in the course of commercial operations.

A trademark is used to link a product or a service with a brand. It is used in relation to goods of a business, printed, labeled, or advertised on their physical commodities. Similarly, a brand can also use a mark in relation to its services, creating a statement of top-notch performance and reliable work within the corporate sector.

In India, trademark registration falls under the purview of the Controller General of Patents, Designs, and Trademarks. The registry maintains a register of trademarks at its head office which includes name, address, description of users, and other details related to the registered trademark.

To apply trademark online, applicants have to adhere to certain regulations to avoid any rejection during the application process. For instance, the proposed mark must not be crafted to create confusion or deceive anyone in the market, must not hurt the religious sentiments of any section of the society, and not have any scandalous or obscene elements. Similarly, a mark cannot be a shape that is an inherent characteristic of that product. For example, a person cannot trademark the shape of a rugby ball to sell its rugby ball itself.

How to Maintain Trademark Ownerships Rights?

Once an applicant obtains a trademark registration certificate, they are required to comply with certain provisions/ parameters that will keep the trademark alive. For instance, registration holder must demonstrate regular usage of their mark in its website, advertising, product packaging or labeling, and other areas where it can be put to use. In addition, businesses are also required to acknowledge the mark through their branding and in their official communications.

• Use of symbol R: The first and foremost thing a business is supposed to do after successfully securing the mark’s registration is to start using the symbol R. The symbol TM is used when the business plans to seek trademark registration and claim over the mark. The primary purpose of using TM is to provide constructive notice to competitors or potential infringers. However, once the registry approves the mark, the business must use R to avail the benefit of legal recourse which is not available while using TM in its goods and services.
• Regular Monitoring: Continuous and regular monitoring of registered trademarks is necessary to take immediate action in case any infringement is detected. Trademark monitoring is a process where either the trademark holder or his/her trademark representative will keep a watch on any application that infringes on their mark or mark being used by a business that is deceptively similar or the same. Regular monitoring is an ongoing process that trademark owners must undertake to alert authorities as quickly as possible and deter anyone from using the same trademark.
• Timely Renewal: To continue enjoying the benefits and rights associated with your trademark, it is essential to file a timely renewal application with the concerned authorities. Generally, in most countries across the world, a trademark validity extends up to 10 years. After the conclusion of this period, the trademark owner has to file a renewal form for further extension of 10-year validity. In India, trademark holders are required to submit their renewal application at least 1 year before its trademark date of expiry. However, in case the owner fails to apply for renewal, the authority grants a six-month grace period and requires owners to pay the late fee.

Trademarking a Logo in Fashion Industry is as important as in any other sector, industry, or business. A simple yet catchy logo of a fashion or apparel business indicates its uniqueness, professionalism, and credibility within the industry. Logo registration will help such businesses communicate with their customers, foster brand loyalty, and stop any third party or competitor from infringing on the same.

What are the Advantages of Trademark Registration?

In this fast-paced and competitive business world, trademark registration plays an essential role in creating a distinct identity and ensuring the long-term success of the organization. By registering the trademark which can be anything from a melodic jingle to an eye-catching logo, businesses can avail of the following benefits:

1. Brand Differentiation

In the crowded marketplace, it is not easy to find out, identify, and recognize ventures easily. However, a bit of branding and a distinct trademark is what a business needs to seamlessly grab the attention of customers and attach it to their company’s goodwill, quality mark, and legitimacy.

2. Attract Customers

Brand registration demonstrates the seriousness of the business and its attempt to legally establish its unique mark and attract customers. Consistent use of the registered trademark in marketing and advertising campaigns builds familiarity among the customers.

A business with a registered trademark relays the message that it is reliable and maintains a certain level of quality in its goods and services. This enhances the credibility of the business and attracts potential customers.

3. Legal Protection

For any newly established business, it is not easy to penetrate the markets and capture customers. It takes years of blood and sweat, delivery of high-quality goods and services, and entrepreneurial skills to make a brand visible and reliable in the commercial world. However, all of this can be shattered into pieces in case a rival firm decides to use and sell the same name, same approach, or similar product in the market. This will not only hamper the reputation of the original brand, but also give a substantial blow to their market share, sales, and growth.

By registering the trademark around which the brand has strengthened its foothold in the market, companies can tackle the infringers anytime by taking legal actions and making them compensate for the damages caused.

4. International Expansion

Imagine a brand that endorsed itself as the best chocolate manufacturer in the market through its distinct packaging style. The style was so unique that it not only captured the attention of domestic consumers but also caught the eyes of individuals residing beyond the borders. It is this catchy trademark (unique packaging style that is also known as trade dress) that created a lasting visual representation and allowed the business to expand its operations in foreign markets.

How Trademark Registration Prevents Brand Infringement? Trademark registration offers exclusive rights to trademark owners in case any entity infringes on their mark. These rights allow businesses to take legal actions and seek remedies through injunctions, damages, or cease and desist orders. This deters any individual or corporation to release counterfeit products and infringe on the business’s mark in any other manner.

Final Thoughts

Trademark registration entails brand name registration, log registration, and registration of logo, symbol, packaging style, sound, smell, or any other element that allows businesses to create a distinct image and is specified under the Trademark Act 1999. A registered trademark generally remains valid for a period of 10 years. Although the registration is completely voluntary in nature and does not legally abide any individual or business to obtain the same, it acts as prima facie evidence and offers numerous benefits to its holders.

To initiate the registration process, an applicant has to first fill out an application form. Upon submission of the application form along with required documents and prescribed fees, applicants have to wait for a certain period until the trademark registry office examines all the particulars and verifies whether the mark complies with regulations and is valid under the law. Consult with Legal Raasta’s trademark professionals and register your trademark in an easy and hassle-free manner.

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EPR is based on the polluter-pay principle that whoever has been causing the pollution should bear the responsibility and cost of managing it. EPR has spearheaded the creation of infrastructural facilities for waste collection, sorting, storage, recycling plants, and technology-driven solutions. The framework also incentivizes manufacturers to design products that leave minimal environmental impact and are resource-efficient.

Let’s delve deeper and understand how EPR Registration plays a pivotal role in promoting a circular economy, ensuring sustainable management of waste, and establishing recycling and collection mechanisms.

What is Sustainable Waste Management under EPR?

Sustainable waste management is an approach that defies the take-make-waste model. Also referred to as linear economy, the model describes a system where first the resources are extracted. Then the raw material is used to create products, marketed, utilized, and discarded as waste once it is no longer useful. Sustainable waste management opposes this model and attempts to keep the raw materials and products in use as long as possible. It aims to minimize the generated waste, look for ways to repurpose products, and treat them in an environment-friendly manner to bring them back into circulation.

Under EPR, sustainable management of waste encompasses the following key components:

• Sustainable Product Design: EPR rules promote the adoption of sustainable practices by businesses and individuals alike. The certificate serves as an economic incentive that encourages producers to design their products in such a manner that creates minimal waste and is easy to recycle once it reaches the recycler/ dismantlers.
• Waste Management: The EPR framework aims to manage post-consumer waste. In simpler terms, EPR encourages producers to collect, recycle, and reuse the plastic bags, cardboard boxes, or other plastic packaging items they have produced and sold to the customers. To facilitate the collection, companies can either set up their own collection mechanism or enter into contracts with PROs (Producer Responsibility Organizations).
• Circular Economy: One of the significant benefits of EPR is its ability to promote the principles of circular economy and minimize the environmental footprint of products through resource efficiency. Instead of letting the product end up in landfills, littering, or burning, EPR incentivizes reuse and recycling and thus promotes sustainable methodologies to enable responsible management of waste.

EPR in Promoting Circular Economy and Sustainability

Before understanding how EPR promotes a circular economy, it is necessary to understand the different aspects of the circular economy itself. Also referred to as a closed-loop economy and zero-waste economy, a circular economy is based on three key principles namely the elimination of pollution and waste, the regenerate nature, and the circulation of products. In simpler terms, it involves reusing, repairing, sharing, leasing, recycling, and refurbishing the existing plastic and other materials to keep it in use as long as possible. Thus, instead of discarding the material, it is brought back into the economy and used again and again. The circular economy plays a pivotal role in reducing the extraction of natural resources, and greenhouse gas emissions, and creating an ecologically sound future.

According to the World Wide Fund for Nature (WWF), EPR refers to the process where companies are made fully responsible for the end-of-life of their packaging and products. EPR has been playing a crucial role in driving the circular economy by encouraging producers to design products that are easy to disassemble, repair, and recycle. The framework has led to a reduction in waste generation and created sustainable waste management technologies and infrastructure.

EPR includes both the organizational and financial responsibility of companies to collect, sort, and recycle their products in a quantity equivalent to or similar to those sold in the market. EPR systems, within different countries, further use the system to incentivize its producers and manufacturers to reduce and prevent waste generation at the design stage.

How EPR Regulations Impact the Import and Export Industry? EPR framework also holds importers and exporters responsible for their products where securing the certificate is a prerequisite to receiving customer clearance. In addition, compliance with EPR norms is a key factor in scaling up and expanding business operations to markets that prioritize products that create no to minimal environmental footprint.

Different Types of EPR Regulations in India

Extended Producer Responsibility (EPR) aims to increase the commitment of various stakeholders including PIBOs (Producers, Importers, and Brand Owners) to create environment-friendly goods. A statutory organization, the Central Pollution Control Board (CPCB), is delegated the responsibility to enforce and oversee the EPR framework in India. Several regulations govern proper waste management of items such as plastic, electronic waste, and others. These regulations are as follows:

• EPR for Plastic Waste: Extended Producer Responsibility for plastic waste is governed through the Plastic Waste Management Amendment Rules 2022. It became operational in July 2022 and categorized plastic into four categories namely rigid plastic packaging, multi-layered plastic packaging, flexible plastic packaging, and carry bags or plastic sheets that are compostable. 
• EPR for Battery Waste: Commenced in August 2022, EPR rules for battery waste apply to manufacturers, refurbishers, manufacturers, and recyclers. The rules mandate these entities who deal with all kinds of batteries register at the EPR portal and fill out Form 1A by submitting the necessary documents. EPR for battery waste does not apply to batteries that are used in space equipment, security instruments, and the military.
• EPR Registration for Electronic Waste: EPR e-waste deals with EEE (electrical and electronic equipment) such as generators, cables, wires, heaters, lightning equipment, refrigerators, televisions, medical devices, robots, semiconductors, etc. As per the E-Waste Management Rules, 2022, every manufacturer, refurbisher, recycler, and manufacturer is required to obtain an EPR certificate and submit quarterly and annual returns on the EPR portal in a timely manner.
• EPR for Waste Tyre Management: The Hazardous and Other Waste Management and Transboundary Movement Amendment Rules 2022 regulate tyres waste in India. It involves only three entities namely recyclers, producers, and retreaders. Retreaders are those individuals who indulge in the process of replacing a tyre’s worn-out tread to make it as good as new tyres. This gives the tyre a new life and reduces the amount of tyre waste being sent to landfills.

Recycling And Collection Mechanism Under EPR Rules

To establish the Extended Producer Responsibility (EPR) system in place, PIBOs, especially producers, must first register with the relevant authorities, either the CPCB (Central Pollution Control Board) or SPCB (State Pollution Control Boards). Moving forward, entities will be required to submit the necessary documents such as the company’s PAN, GST certificate, CIN (Corporate Identification Number), certificate of incorporation, and IEC (Importer Exporter Code) applicable in case of importers.

Upon successful registration and securing of certification, PIBOs are required to comply with certain provisions. Producers are required to manage their products once they reach the end-of-life stage. For this, it can adopt two approaches. Producers can design their own waste management and collection system where customers can return the products once it is no longer useful. The collected waste can then be channeled to authorized recyclers or dismantlers.

Another approach is to delegate the responsibility of collecting and recycling waste to a PRO (Producer Responsibility Organization). These organizations will manage the collection, sorting, storing, recycling, and other crucial steps needed to properly dispose of, and treat products in an environmentally sound manner.

A Practical Approach To EPR Plastic Waste Reporting For FMCG is a multi-dimensional approach and a remarkable move that addresses surging pollution through regulatory compliances. FMCGs are mandated to register and secure EPR certificates and submit an action plan specifying how they intend to manage their waste and how they will meet their EPR targets. In addition, these entities are obliged to file annual returns to the concerned authorities providing details on the quantity of waste collected, disposed of, and treated.

Conclusion

In India, EPR Certificate regulatory framework has played a pivotal role in shifting the responsibility of managing and treating plastic waste, electronic waste, battery waste, and tyre garbage in a sustainable and environmentally sound manner. For this, producers, importers, and brand owners are encouraged to establish their own collection centers, collaborate with recycling facilities, and set up take-back programs.

The enactment and implementation of EPR statutory rules is an endeavor to make producers responsible for the environmental consequences of their products throughout their lifecycle, i.e., during production as well as when consumers are done using them. The strategic approach is crucial to ensure the ethical disposal of waste stemming from commercial operations of PIBOs. Connect with the EPR professionals of Legal Raasta Private Limited to better understand the nuances of EPR certification and compliances that businesses must fulfill to remain legally compliant and avoid any legal and financial repercussions.

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