Trademark Registration

Overview of Trademark Registration

Trademark is termed as the unique signs that are used to make the goods or services distinguishable from others. They can be designs, pictures, signs, or even expressions. To get the protection of trademark rights, a person /entity has to apply for trademark registration.

Trademark registration helps in preventing others from copying the mark (Registered mark) and misrepresenting other products with the registered mark. Registered trademarks help the customers in recognizing the brand and the brand value at one instance.

A registered trademark is the business’s intangible asset. It acts as a protective cover of the company’s investment made in the logo or brand.

In India, Trademarks are registered by –

• The Controller General of Patents, Designs, and Trademarks,
• Ministry of Industry and Commerce, Government of India.

What are the Types of Trademark a Person can Register?

• Word Marks
• Service Marks
• Logos and Symbols
• Certification Mark
• Geographical Indicators
• Pattern Marks
• Sound Mark
• Color Marks
• Three Dimensional Marks
• Shape of Goods
• Series Marks
• Collective Trademarks

What is the Validity Period of Registered Trademark?

A registered trademark remains valid for a period of up to 10 years. Once the validity expires, the trademark holder shall apply for renewal. However, the process of renewal may be initiated only within 1 year before the expiry of the registered trademark. In case of Non-compliance, the trademark will be removed.

The trademark is registered under The Trademark Act, 1999. Trademark registration provides the right to sue against the person /entity who tries to use the registered trademark. A person cannot use a similar trademark that is already registered.

What are the Benefits of Trademark Registration?

Registered Trademark helps the owner in availing various benefits. Below mentioned are a few of them:-

• Building Trust and Business Opportunities
• Provides Legal Protection
• Global Registration of Trademark
• Exclusive Rights
• Acts as an Asset
• Builds trust & Goodwill
• Differentiates Product
• Recognition to Product’s Quality
• Use of ® Symbol
• Protection against Infringement
• Protection for 10 Years at Low Cost

• Building Trust And Business OpportunitiesRegistered trademark helps in building trust and enhances business opportunities.
• Provides Legal ProtectionRegistered trademark helps the owner by providing legal protection i.e. if any person uses the registered trademark without the permission of the owner, he can issue a legal notice and sue them for using the registered name.
• Global Registration Of TrademarkA trademark which is filed and registered in India can also be filed in other countries.
• Exclusive RightsThe owner of Registered Trademark enjoys exclusive right over the trademark. She/he can use the same for all the products falling under the class (es) applied. It gives the right to sue the unauthorized user of the Trademark Registered.
• Acts As An AssetIn case the brand creates a name, the registered trademark can be a valuable asset.
• Builds Trust & GoodwillThe recognized quality of your product & services are known by everyone throughout the trademark & which set up trust and goodwill among the customers in the market. It helps in generating permanent customers who are loyal & always opt for the same brand.
• Differentiates ProductTrademark Registration makes easy for customers to find your products, and provides Unique Identity in the market. It makes your product & identity of products different from that of the already existing and foreseen competitors and acts as competent commercial tool. The logo of your company can communicate your quality, vision, or unique characteristic of your company.
• Recognition To Product’s QualityIt gives recognition to the quality of the product. Customers attach the product’s quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo/brand name.
• Use Of ® SymbolOnce your trademark is registered you can use this ® symbol on your logo showing that it is a registered trademark & no one can use the same trademark. It is elite of all types of usages and rights, where if someone else use the trademark then you can also sue the party if the trademark is registered.
• Protection Against InfringementNo competitor/other person can use the word mark/logo registered by you under trademark Law. However, if in any case one utilizes it without the approval of the owner of trademark or make any misleading use of same, the owner can obtain the legal protection under the Trademark Act and stop the person doing so.
• Protection For 10 Years At Low CostThe process of Online Trademark registration is done on a very low maintainability cost. Once you register the trademark you have to just pay the maintenance cost and renewal cost which is after 10 years of registering the trademark. It is cost efficient and helps your company create a unique image.

What Checklist is to be Considered While Filing the Trademark Application?

Before filing the Trademark application, an applicant needs to overview the below-mentioned checklist:-

• Trademark Search- Name Availability
• Class Selection
• Preparing the application with a unique name and logo
• Arranging the proper documents.
• Business working proof.
• Form 48(An attorney to authorize the trademark registrar applying the application.
• Vienna Codification process
• Examination and hearing before the Trademark Officer.

What Documents are Required for Trademark Registration?

Before filing for Trademark registration, an authorization letter is required to be signed by an applicant that allows the Trademark registrar to file for trademark registration on behalf of you. The Trademark registrar helps in arranging the requisite documents. The Below-mentioned documents are required for a trademark application, which are as follows:-

• Name of the Applicant- ID Proof
• Identity Proof of the individual or Proprietor.
• Address Proof of the individual or Proprietor.
• Type of Business Organization and work Activity
• Particulars of the Business objective.
• Details of Brand and logo.
• Registration address
• Identity and Business Proof
• Details of the tagline used in Logo.
• Form 48

The applicant needs to submit their identity proof. It can be-

• Aadhar card,
• Driving license,
• Passport,
• Ration card or
• Voter id.

Our team is happy to assist you