A unique mark that is signed and is used to represent a business is known as a trademark, and it is used to identify a company distinctively from the other companies and helps in building credibility among the customers. One should always advise the clients to recognize all the IP Rights in the form of trademark, copyrights, and register every mark, brand name, logo, product name, domain names as the trademark in India to prevent the misuse of the brand name by any other person.
Step-wise methods for trademark registration in India:
- Conduct a public search of the trademark.
- File TM application at the earliest
- Keep a watch on the application
- Reply to all the communications of TM office
Remember to renew the trademark every 10th year.
TRADEMARK REGISTRATION PROCEDURE:
Stage 1 Trademark Search for Trademark Registration
Before making any further step for a trademark application, a trademark search is a very important factor that is required to be made from the database of trademark provided by the trademark department.
Stage 2 Trademark Application Filing Trademark Registration
Once the Trademark Search report is non-objectionable, the applicant can proceed for trademark application filing with Trademark Agent/Attorney.
Stage 3. Submission of Trademark Registration Application:
Once if all the information and documents are ready, Trademark Attorney files the TM application to the Trademark Registry. This process usually takes 1-3 hours.
Stage 4. Trademark Application No and use of Trademark or service mark along with the Mark:
Once the TM application is submitted, an application is generated for every Trademark application. Once you get the application no. TM can be used along with your mark.
Stage 5. Issue of Examination Report by Trademark Registry:
Normally Trademark Examination report is issued within the span of 5-10 months of the filing of TM application. In this step, if any objection is issued then the applicant through his attorney has to file a reply for the same to the TM registry and if no objection is received than TM gets published in Trademark Journal.
Stage 6. Publishing of Trademark in Trademark Journal for Public Opposition:
Once the mark publishes in trademark journal, it is available for public objection, if any objection is received, opposition proceedings are required to be done and if no objection is received than Trademark
Stage 7. Trademark Registration Certificate:
Once all the proceedings are complete than the Trademark Registration certificate is issued and the proprietor becomes the absolute owner of the mark.
Documents required for the trademark registration:
The list of documents that are required for filing a trademark application in India are:
Generally, authorization to the trademark attorney, and an affidavit for the support of the user data as to be claimed in the application, is required.
For individual:
- Authorization form
- Softcopy (logo/sound/color)
- Name
- Address
- Aadhar on any other document
For the company:
- Certificate of incorporation
- MSME Certificate
- Authorization form
- Softcopy( logo/sound/color)
These documents are to be made on a non-judicial stamp paper and are further notarized.
Advantage of trademark registration:
- To Builds trust and Goodwill:
The established quality of your brand product and services is known by customers and clients through the trademark and it establishes trust and goodwill among the target audience. It also helps in creating permanent customers who are loyal and always prefer the same brand.
- Differentiating the Product:
It makes it easy for customers and clients to identify your brand. It makes your product distinct and identifiable from that of the existing and foreseen competitors in the market and acts a commercial tool. The logo presents the vision, quality, or unique characteristics of your company and any organization.
- Recognition to brand Quality:
It gives recognition to the quality of the service offered by the company or brand product. Customers usually link the product’s quality with the brand name and an image is created in the market about the particular brand quality which further helps in attracting new customers to create brand loyalty as they can identify products by the logo/brand name of a company.
- Creation of Asset:
Registration of Trademark helps in creating an intangible asset i.e. Intellectual Property for an organization and its goodwill is also determined by its brand name. The registered trademark is a created right that can be further sold, assigned, franchised or commercially contracted.
- Use of ® symbol:
Once the trademark is registered applicant can use the ® symbol on your logo or brand name stating that it is a registered or assigned trademark and no one can misuse the same. It is exclusive of all types of usages and rights. If someone else use the trademark then the owner can also sue the party for using a registered trademark.
- Protection against infringement of rights:
No competitor can use the wordmark or logo which is registered by you under trademark. However, if in any case one uses it without the approval or permission of the owner and makes any deceptive use of the same, the owner can get the legal protection and stop the person using registered rights.
- Protection for 10 Years at low cost:
Online registration of the trademark is done at a low maintainability cost. Once the applicant registers the trademark they have to pay just the maintenance cost or renewal after every 10 years of registering the trademark. It is cost-efficient and also helps your company creating a unique image.
- For the Global Trademark Registration:
If one wants to register the trademark in countries, the trademark registered in India can be used as the basis of registration over there. For any person willing to expand their business outside India, the Indian trademark registered can provide a good base along with the Established Goodwill in the Country.
- Attract Human Resources:
Young minds and freshers generally aspire to join big Brands and companies as it acts as a magnet. It inspires the positive goodwill of the organization and thus employment seeker is attracted to them easily. This reduces the cost of recruitment, hiring related activities.
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