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Trademark Registration
A registered trademark is an important asset for a business used to protect the company’s investment in the brand or symbol. A trade mark provides protection to the owner of the mark by ensuring the exclusive right to use it, or to authorize another to use the same in return for payment.
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Advantages of Trademark Registration
Guards the commercial goodwill
A trademark’s registered owner has a right to create, establish and protect the goodwill of his/her products or services. The owner can stop other traders from using his trademark unlawfully.
Legal Protection
A registered trademark gives its owner a legal right in case of infringement. Not registering a trademark may leave the owner of the original brand name without any remedy.
Advertises Goods & Services
Registering a trademark creates a face of the company or the goods and services. This helps to distinguish and facilitate brand creation. Most of the companies find their identity via trademark hence it pays a pivotal role in advertising and increases the brand value.
Creation Of An Asset
Trademark registration in India creates an intangible asset. Registered TM can be sold, assigned, franchised or commercially contracted to bring benefits to the company or the individual proprietor.
Business Expansion
A trademark establishes a connection between the customers and the products of an enterprise. With efficient or unique products, you can create a customer base.
Product Differentiation
Trademark registrations are distinct to the goods or services they represent. Trademark will enable differentiation of your product as against the products of your competitors.
Why should you get your trademark registered ?
- Legal ownership to your brand– you need to register your trademark to have a solid legal ownership of your brand.
- Freedom to operate- If you do not register your trademark, it is possible (or even likely) that somebody in another country will register a similar name.
- Put others in notice of your rights- Registering your trademark is a good way of reducing the likelihood of somebody infringing your rights.
- Increase the value of your brand- Registered trademarks increase the value of your brand.
- Investor’s value intellectual property protection- Investor’s value companies higher that has protected its intellectual property.
- Leveraging revenue resources- Trademark protection is essential for licensing
Who can register ?
- A sole proprietor
- Partnership firm
- Limited liability partnership
- Any Company
- Trust or Society
- Any Body Corporate
Process of Issue of Trademark
- Appropriate class
- Trademark Search & Availability Check to reduce chances of the application being objected or opposed or refused.
- Prepare search report and send it for review
- Prepare trademark application and send it for review
- Filing of online Trademark application
- Registrar will examine application, if accepted unconditionally, the trademark gets published in the Trademark Journal
- If not accepted unconditionally, the conditions to be fulfilled or the objections would be mentioned in the examination report and a month’s time would be given to fulfil the conditions or response to the objections
- Once such response is accepted, the trademark is published in the Trademark Journal.
- If the response is not accepted, one can request a hearing.
- If in the hearing, the examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark Journal.
- If, after 3-4 months from publication there is no opposition, the trademark proceeds for registration. In case there is opposition; there is a fair hearing and decision are given by the Registrar.
- Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the seal of the Trademark Office is issued
- The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually
Documents/ Details required for Trademark Registration
- Nature of business of the applicant
- Trade mark to be applied for i.e., wordmark, device mark etc along with the logo
- Translation or Transliteration of the Trade mark (if in any language other than English);
- User detail of the Trade marke., Proposed to be used or if the mark has been commercially used then the date of first use (dd/mm/yyyy) should be filed
- Brochure of the entity
Legal Status of the Applicant i.e., proprietorship, partnership, individual, HUF, Body Corporate
Name and address of the proprietor/partnership, individual, HUF, or other Body Corporate
Charter documents
- For company- COI, MOA, and AOA
- For LLP-Details of partners along with LLP Agreement in case applicant is LLP
- For partnership- Partnership deed
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How Taxified Can Help You?
- Search Reports
- Drafting and filing of trademark application
- Dealing with trademark objection and opposition