Trademark Registration (TM)
What is Trademark Registration?
A registered trademark is an abstract selling point, or conceptual, property for a business and is used to protect the company’s investment in the brand or symbol. A trademark is registerable if it is distinctive for the goods and services you provide.
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Advantages of Trademark Registration
- The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country.
- The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc.
- Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.
Why register a Trademark (TM)?
- Even biggest businesses like coca-cola, Siemens, Apple protect their business by means of trademark.
- The trademark would be important asset for your business and contributes to the goodwill generated.
- With registered trademark you can stop others from using your trademarked business name / logo etc with regards to goods or services it is registered
- Trademark can considered just like any other form of asset like real estate, as it can be sold, licensed or assigned
- It guarantees the identity of the origin of goods and services.
- It stimulates further purchase.
- It serves as a badge of loyalty and affiliation.
- It may enable consumer to make a life style or fashion statement.
Types of Trademark Registration:
Under the Indian trademark law the following are the types of trademarks that can be registered:
- Product trademarks: are those that are affixed to identify goods.
- Service trademarks: are used to identify the services of an entity, such as the trademark for a broadcasting service, retails outlet, etc. They are used in advertising for services.
- Certification trademarks: are those that are capable of distinguishing the goods or services in connection with which it is used in the course of trade and which are certified by the proprietor with regard to their origin, material, the method of manufacture, the quality or other specific features
- Collective trademarks: are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities to indicate their membership of the group.
Minimum Requirement to be able to register a trademark in India
The legal requirements to register a trade mark under the Legislation are:
- The selected mark should be capable of being represented graphically (that is in the paper form).
- It should be capable of distinguishing the goods or services of one undertaking from those of others.
- It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
Documents required for filing a Trade Mark Application in India:
- Trademark or logo copy
- Applicant details like name, address and nationality and for company: the state of incorporation
- Goods or services to register
- Date of first use of the trademark in India, if used by you prior to applying.
- Power of attorney to be signed by the applicant in 100 Rs. stamp paper.
Note: A person who claims to be the proprietor of the trademark can apply for the registration of its mark for goods as well services.
Procedures for Registering a Trademark in India:
TM Registration Process:
This search is to check whether your business name or logo is similar to other already registered trademarks. Generally trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks already registered under that particular class. There are two kinds of search: online and offline. It is recommended that you get both the searches done. Once found to be unique you can proceed to the next step.
Create Trademark Application:
Based on the results of the search conducted, the trademark attorney will draft trademark application, provided that your business name / logo found to be unique. If someone already has the same or similar trademark, you need to change yours. Or if you are of opinion that the trademark is rightfully yours and you are using it since long time even before other party trademark registration. You can start using ™ symbol as soon as you file the form of trademark application.
- The Trade marks office will first check your application to see if it’s already been taken. If it has, a trademark objection will be raised.
- If it has no objection, it makes an advertisement in the Trade Marks Journal.
- If there is no opposition from other businesses in the next four months, your trademark is registered around six months later.
Steps you need to take to registration your trademark in India:
- Select and authorize a trademark agent or attorney to represent you.
- The trademark attorney conducts a search.
- Depending upon the results of the search, the trademark attorney will draft your trademark application. In case someone already has the same or similar trademark, you may have to change yours.
- The trademark attorney will file your trademark application with the Trademark Office and send you the receipt.
- After a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office.
- It can take anywhere between 18 months to 2 years for the Trademark Office to decide whether or not to grant you the trademark; if there are objections from the trademark office or from anyone else, it may take longer. And your trademark is published in the Trademark Journal.
How to Register TradeMark?
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