In our routine life, we come across different brands. Without realizing it, we are using the brand in everything; whether we are wearing something or eating anything, almost everyone has registered their business. Trademark is a unique way of identifying the brand. Trademark is a symbol or word that the user legally registers as representing a company or product. It differentiates your product from the products of other competitors. For instance, any wristwatch enthusiast in India can identify Titan's name merely by looking at the logo — even if the brand name is not cited on the product.
It is a type of intellectual property consisting of a recognizable sign, design, or expression which makes it unique from other products. So, if you are running any business and come up with some new ideas or outstanding work, get yourself registered before anyone steals it. A Trademark should be unique to your brand to get it recognized. If your logo is unique and recorded, the potential customers will remember your brand by that logo. Anyone can quickly identify which brand your product belongs to.
Why do trademarks matter?
A
trademark helps protect the owner of the mark by securing the exclusive right
to use it or allowing another to use the same in return for payment. A trademark
owner can be an individual, business organisation, or legal entity.
A
trademark is one of your company’s precious capital. It is a way of
identification and substantially plays a significant role in building the
company's public image. Trademarks carry supreme interest as the general public
can recognize a brand based on trademarks in a competitive market. At the same
time, they also prevent other enterprises from copying another’s brand.
Trademark helps to save the brand from infringement. Brand registration
in India drives the companies to abide by the standards, rules and
regulations. Customers can identify brand values and offerings after being
satisfied with consistency and quality.
Need
for Trademark Registration
Trademark
is registered under the Trademark Act, 1999, and whenever infringements of
trademarks happen, it provides the owner of the trademark the capacity to sue
for losses. Brands, when registered, act as intellectual property for the
business, as they safeguard the investment of the company. The chosen trademark
shall register them selves on a mandatory basis as they work as a unique symbol
for the products and services they provide.
How
to Register a Trademark?
It
feels hurt when you see some other entrepreneurs rob your hard-earned
reputation. Many times, trademark (TM) owners end up in prolonged litigation
because they did not register their brand when the time was right. Hence, it is
virtuous to register your mark, and the owner will have the much-needed legal
protection of their brand name
registration in India. The trademark
registration in India process does not require much effort. It is a
simple process. The following procedure is involved for the Online brand Registration:
Step 1: Trademark
Registration
Many
entrepreneurs do not understand the importance of a TM search. Before applying
for TM, always search your mark on the TM portal, as it gives you a fair
picture of whether your mark matches the existing trademark. It helps to save
your time and further gives you a forewarning of the possibility of trademark
litigation. Always remember to select the unique and distinctive mark
representing your company. Make sure to choose the right class for your brand among
the 45 classes under Nice Classification. Classes from 1-34 are for goods, and
classes from 35-45 are for service.
Step 2: Filing Trademark
Application
After
making a suitable search on the portal, make sure that your chosen brand name
or logo is not listed or registered in the Trademark Registry India; you can further opt
for registering the mark. The first step is filing a trademark application at
the Trademark Registry India. When trademark registration online is done, an
application receipt is issued immediately for future reference.
Step 3: Examination
The
next step is the examination of trademark applications by the examiner for any
discrepancy. The examiner may accept the trademark absolutely, conditionally or
object. It might take around 12-18 months.
If
the application is unconditionally accepted, the trademark will get published
in the Trademark Journal. If in case it is not accepted unconditionally, the
required conditions or objections have to be fulfilled, and one month time
shall be allotted to fulfil the conditions or objections.
The
trademark shall be published in the Trademark Journal if such a response is
accepted. If, in case, the answer is not received, one can request a hearing.
If the examiner feels that the trademark shall be allowed registration in the
hearing, it proceeds for publication in the Trademark Journal.
Step 4: Publication
Notice
of publication is good news for the applicant. It means the applicant is one
step closer to the trademark registration. Under this step, the public will
have the opportunity to challenge the pending trademark registration. The
trademark proceeds for registration if there is no opposition after 3-4 months
from publication. In case of resistance, there is a fair hearing, and Registrar
gives a decision.
Step 5: Registration
certificate
After
the trademark application, the particular brand is published in Trademark
Journal, and a registration certificate is issued under the seal of the
Trademark Office.
Step 6: Renewal
Once
the trademark gets registered, the same is valid for ten years. The applicant
can renew the registration after every ten years from the expiry of the brand.
Benefits
of trademark registration in India
There
are various benefits offered by registering the product, which are as follows:
1.
Legal Protection
2.
Brand recognition
3.
Product differentiation
4.
Business valuation and goodwill
5.
Creation of an asset
6.
Business expansion
Parameters
to keep in mind regarding Online Trademark Registration
1. A
trademark brings ample benefits to the company. It is considered an intangible
asset that can be franchised, traded and commercially contracted.
2. The
owner of a registered trademark can have the right to sue or file a case
against any third party that uses their trademark without the prior permission
of the owner of the brand.
3. Though
the trademark registration is voluntary, if it is registered, it benefits the
owner in terms of all legal matters. It proves that the particular brand belongs
to that person.
4. A
registered trademark has ten years of validity. After that, the applicant may
initiate the renewal process before the expiry of the registered trademark. The
brand will remove the trademark if one fails to do so,
Trademark
registration services in Delhiprovide
potential clients with the best benefits of trademark at a reasonable cost
since it is a hub of various services. It is recommended to hire a consultant
for trademark registration to prevent any objections from the department.
The
symbols ™ (the trademark symbol) and ® (the registered trademark symbol) is used to
indicate trademarks; the initial is used in connection with an unregistered
mark. TM denotes that you are claiming a right to use your brand as a
trademark, although it may not yet be registered with the relevant IP office,
while the latter is for use by the registered owner. This indicates that you
have the legal right to use the name, symbol, or another identifier for the
products or services for which you are using it. R sign establishes your
trademark's legal ownership.
The brand
registration process in India has gained utmost importance. Trademark
often seems unnecessary and is therefore neglected. But most people are unaware
of the benefits of registering their business in trademark. The brand
name registration process is quite simple and easy. One can realize
this in the form of phrases, symbols or marks. For a more successful business,
registering your brand is a key factor, and at the same time, it will unlock a
range of benefits.
As
mentioned above, it is clear how important it is to register your mark to
prevent any infringement. It is a simple process and does require much effort.
Hence, take steps in protecting your brand and understand the power of your
brand name registration.
Source: https://www.manishanilgupta.com/blog-details/trademark-and-brand-registration
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