What is a Trademark?
A trademark is an exclusive sign, design or expression. It can be used to identify a company or distinguish its products or services from other companies.
You can register the following trademarks in India for your business:
| Device | Let us know |
| Brand | Word |
| Heading | Numeral |
| Label | Shape of Goods |
| Ticket | Packaging |
| Name | Combination of colors |
| Signature | Tagline |
| Jingle | All Such Combinations |
Why Do You Need to Register a Trademark?
Your brand or product can be identified by a trademark. A trademark can improve the quality of your product. It encourages loyalty and trust from potential customers.
A trademark registered is both an intellectual property and intangible asset of a company. The cost of registration is also low.
You will also be protected by the Trademark Act.
Online trademark registration can simplify the process of establishing your brand.
What are the Advantages of Trademark Registration?
After the trademark registration is complete, both the consumer and third parties will be able to see that the registered trademark applicant owns the products or services.
The registered trademark also gives you the exclusive right to sell, modify, or use the brand or goods in any manner.
It is crucial to register your trademark in India and other countries that are of commercial interest. This gives you the legal right of using your trademark only in these countries.
It also prohibits third parties from using your trademarked logo or brand name without your consent. It protects your products and services from being stolen. A trademark can help you protect your brand against third-parties.
Your trademark registration in India is valid for ten year. It can be renewed for an additional ten years. You will continue to enjoy the trademark rights as long as the trademark is renewed.
The owner also has the option to transfer their registered trademark. A common law trademark can be transferred to another person if the business is sold.
Priority for trademark registration will be granted to the first person to apply for it.
What Documents Are Required To Apply For Trademark Registration in India?
When applying for a trademark, you will need these documents:
You want to register a logo or brand name.
Information about the classes where the trademark will be filed
A Power of Attorney allows an attorney to file trademark registrations on your behalf.
A certificate of registration is required for any company that is a start-up, MSME or a small business. The government fee can be discounted up to 50%
You can register a trademark if you used a trademark in India before you apply for registration. You will need to provide documentation proof, such as invoices or registration certificates, in order to register the trademark.
What is the Trademark Registration Process in India?
These steps are necessary to file a trademark.
Choose a Trademark:
Your trademark should be distinctive, non-descriptive and distinct to differentiate your products or services from the rest.
Search for Trademarks:
This search will let you find similar trademarks. This search will tell you if they have been registered. This will allow you to avoid trademark litigations.
Fill out an application:
A trademark registration application must be filed with the correct class information and details. All necessary forms must be sent to the Controller General’s Office of Patents, Designs, and Trademarks.
Trade Marks Registry will assign a number to each trademark application that is filed.
The online trademark search function allows you to track the application online.
You can also complete the trademark registration online.
Upon receipt of the application number, the applicant can place the TM symbol beside the registered mark.
Apply to Vienna Codification:
If the trademark contains symbol elements/logos, the Indian Trade Marks Registry assigns it a Vienna code once the application has been filed.
Conduct Trademark Inspection:
Your application will be reviewed by the Trademark Registry to confirm that it meets all requirements.
Based on this inspection, the registry creates a trademark exam report. The examiner can accept or reject the application in any combination.
If the application is unconditionally accepted, it is published in trademark journal.
If the application is subject to conditions, the applicant will have one month to meet the condition before the trademark is rejected.
A hearing may be requested if the application is not accepted after meeting all conditions. If the examiner feels that the trademark should have been registered, he/she will publish the information.
The applicant must respond to an examination report if someone objects to the application. The response must state the reason for the registration of the trademark requested and should be used to overcome the objection.
If the examiner feels that objections are still pending, a hearing is held to resolve the matter.
If objections are ruled out during the hearing, the trademark application will be accepted and published in the journal.
Publish your Trademark Registration in Indian Magazines:
The Journal will publish the trademark after the registrar accepts the trademark application.
Publication is not final. The public may object if they feel the trademark would harm their business.
If there are no objections within four months of publication, your trademark registration will be complete.
Within four months from publication in the journal, a third party can file objections to your registration application. In such cases, the trademark hearing officer will conduct a hearing.
Both the applicant as well as the opponent will be able to attend the hearing. The hearing will decide whether or not the request has been accepted by the hearing officer.
Trademark Registration Certificate:
If there are no objections or contradictions from the requestor, a trademark registration certificate can be prepared.
A trademark registration certificate issued is the mark of the owner. The trademark can then be used in its entirety.
You can now use the (r) symbol in conjunction with a registered trademark.
Conclusion
Registering a trademark is an intellectual asset that protects your company’s products and/or service from being infringed by others. Your trademark will increase brand recognition and brand value.
Read More-The Growing Upper Limb Prosthetics Market with a Boom
