Trademark Registration

A Trademark can be defined as the unique identity which distinguishes your products or services from the others. Such unique identity or expression can be a logo, word, slogan, photograph, label, color combination, name or graphics. A registered trademark is your business’s intellectual property or intangible asset. Registration of trademark helps safeguard the company’s investment in the brand or symbol

In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. As soon as trademark application is made, one can start using “TM” symbol. However, TM registration process takes up to 15-18 months. After such validation period, trademark owner can use “R” symbol. Such registration is valid for 10 years from date of registration and can be renewed thereafter

What is Trademark?

A trademark may be a graphic sort of a visible symbol which represents a business brand and distinguishes the identity with other traders. it's going to be within the sort of a logo, signature, name, label, word, letters, numerals, shapes etc. Trademark symbolise the identity of the business so company decides it after making research to form the trademark unique and attractive. Being an intangible or property , it's wont to differ products or services from other similar products or services generated by a separate organisation.

Though trademark isn't compulsory by the law or government, Yet It symbolises the brand, identity & Quality of a firm.

When can a Trademark not be registered?

Trademark alleged to be an asset of a corporation . So a trademark similar or copied from other organization won't be registered. so it shouldn't be similar or copied from other companies. aside from this, a trademark which is illusory, offensive, identical, containing prohibited elements etc. can't be registered by the Law.

Why to register a Trademark?

Being a crucial asset, it must be registered to limit the opposite business owners to use your own business identity. It protects the corporate rights or Investments which it had invested during a Brand or Logo. An example are often highlighted with the assistance of giant companies like siemens, Apple, Pepsi and Coca-Cola belonging to same industry yet signifying separate brand. Likewise, we will find numerous samples of live companies bearing trademark as a brand like LG, Godrej etc. Trademark, as a business identity, distinguish a corporation with other companies a brand. Once registered, company get recognition by trademark, along side the business name. Trademark serves a badge, brand, quality, loyalty, goodwill statement.

How to register a Trademark?

Registering a trademark doesn't consist complicated procedures, just to follow the straightforward procedures. Trademarks are registered under the trademark act, 1999 by the controller general of patents design and trademarks, Ministry of Commerce and Industry, Government of India to sue the opposite traders just in case of infringements of company trademarks.

Who can apply for registration of Trademark?

Any individual, proprietor, company, partnership firm, a legal entity can apply for the registration of the trademark and may use symbol ‘TM’ till the registration is approved. Once trademark gets registered, the corporate may start using ® after getting certification. the entire process may take up to 2 year or 18-24 months. Registered trademark is valid for 10 years which must be renewed later.
A trademark may be a guarantee of service, products, quality, and advertisement. So should be taken care of misusing an equivalent . Trademark shouldn't be almost like others.

Documents required filing an application to register a Trademark?

To file a trademark application, one need to attach the following documents:-

1. Trademark or logo copy,
2. Applicant details - Name, address proof, Nationality proof
3. Company details,
4. Products or services which are to be registered
5. A signed copy of the Power of attorney on a 100Rs. Stamp Paper
6. First date of using the trademark before getting or applying for registration

The company may perform the work on its own or through personal representative owned by the corporate . it's going to also delegate the work to some experienced consulting company having expertise in Registration work.

The process of Trademark and its Registration?

As we mentioned, Trademark is that the visual form which is typically taken as Logo of a corporation . A logo is meant through a Graphic Designer or any Photoshop maker but one should follow the strict guidelines before designing a logo. a corporation must carry a search through trademark agent to verify the similarity of the trademark. These agents check the trademark office to make sure the credibility of the trademark or never registered by another company. This verification are often done through any mode I.e., online verification & offline verification. One may adopt both the procedures to double make sure the accuracy and uniqueness.

Once trademark verified through trusted resources, Company may go further. within the case of duplicity, it must catch on re-design again and can need to conduct an equivalent research again till exclusive trademark found. Once uniqueness achieved, Company or representative must require drafting an application along side the requisite documents. After filing an application, the corporate may use ‘™’ till the approval received.

Once the appliance reached to Trademark office, they're going to check the info to avoid duplicacy. within the case of duplicate application, last application are often rejected. Otherwise, the mentioned trademark are going to be published in Trademarks Journal for 4 months to see any voice raised against the said trademark. If anyone creates objection, Trademark are going to be in issue for hearings till the difficulty get resolved. Once all the clarifications received from legal sides, Trademark are often sent for registration and can be approved within 6 months. Application status are often checked or reviewed online through application number assigned to the trademark owner.

Trademark being an property and intangible holds a crucial place in business for a minimum of 10 years which is to be renewed after 10 years. a corporation may renew an equivalent trademark or can apply for the new trademark while following an equivalent process mentioned above.

Trademark registering firms usually have their qualified staff who adhere the entire process responsibilities on behalf of the corporate with a particular amount of consulting fee or charges. Hearing charges, reply charges (in a case of opposition filed), could also be separate aside from the Trademark registration charges. choose the experienced personal representative or trademark consulting company to handle the entire registration process till approval.