Associated Trademarks refer to those marks which are owned by the same proprietor in respect of identical or similar goods and services, which would otherwise be likely to deceive or cause confusion if used by a person other than the proprietor. These marks are entered on the register as associated with the earlier registered trademarks in order to prevent the existence of multiple rights in the market.

Associated trademarks are generally used by businesses that expand their operations to newer goods and services. For instance, the proprietor of AMUL, which continuously expands its range of products, would associate all marks pertaining to their various products under the original registered mark to prevent any confusion and so that consumers may associate all new products with their brand.

Let’s take another example of ‘APPLE’ which started its business by selling computers and later expanded its business to other consumer electronics like iPhones, iPods, iPads, Apple Watch and other such goods. These goods might belong to the same class while filing for a trademark registration, but association with its primary mark that has acquired reputation, goodwill and brand value, would help consumers identify these products with the brand and prevent any likelihood of confusion.

The Registrar, while examining an application for a trademark registration will check if the subject of the application is identical with:

1) Another trademark which is registered,

2) Another mark which is applied for registration,

3) The same proprietor,

4) A similar or identical description of goods and services.

If the Registrar finds that the application is identical to another mark as given above, he shall require them to be registered as associated trademarks.

An applicant/agent can indicate in the application for trademark registration (Form TM-A) if they are associated with any earlier trademarks.

 If they fail to do so, the Registrar may suggest their association in the examination report. The applicant will then have to amend the application by filing Form TM-M stating their intent to associate with another trademark.

In case the applicant wants to dissociate a mark from the associated trademarks, Form TM-P must be filed for dissolution of association between trademarks, if he is satisfied that there is no likelihood of confusion or deception.

The fees for the above forms are mentioned below:

The primary object of associated trademarks is to establish a relation between the brands falling under the same ambit of goods and services in order that an identity and brand value is created in the minds of the consumer. This will prevent the creation of multiple rights in the market by associating all marks with one primary mark. But, if they become distinct in the market, then the proprietor can file for dissolution of association. Thus, associated trademarks can be beneficial to those entities who wish to expand their range of goods and services in the market.

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