If you are thinking to get right over the trademark of others, then you have the option of Trademark assignment. Before we proceed on to Trademark Assignment in India, first...
Stepping into the corporate industry is just the tip of the iceberg; one has to put enormous efforts to create a unique brand in the competitive market. The biggest challenge which often strikes entrepreneurs is to compete in the same line of business amidst the existing renowned brands. One needs to develop a product which is peculiar in nature and can draw an extensive customer base. However, several other Companies can misuse your Product Name or Mark to threaten your business. Therefore, it is essential to register your Mark and safeguard yourself against infringement through government protection. This write-up will enlighten you with several advantages of Trademark Registration along with its procedure.
Overview of Trademark Registration in India
Trade Marks Act, 1999 (Section 2) defines a Trademark as a Mark which distinguishes the Services and Goods of one Company from others. It is a legal permit that accentuates a Company in the cut-throat business industry and protects a certain name, symbol, signatures, tagline, design and label associated with that brand.
Moreover, it enables customers to identify your Company’s products. Ministry of Commerce and Industry, Controller General of Patents, Designs and Trade Marks with Government of India regulates Trademark Registration. There are a total of 45 classes for variant products and services to register a Trademark. Hence, it is crucial to mention the class of your product or service during Registration.
Several businesses yield Royalties with a Certificate of Trademark and leverage additional advantages of Trademark Registration. Besides, a Trademark holder also has the right to prosecute a claim for damages, if any violation of Trademark takes place.
Why is it important for a business to register a Trademark?
The significance of Trademark Registration is beyond an assessment in the corporate sphere. It safeguards a business against fake and fraudulent invasion. Trademark is an intellectual property or an intangible asset that an owner can choose to transfer, sell or franchise. Further, a business can improve its credibility by obtaining a Trademark Certificate. Since it creates a positive image in the customer’s mind that a particular brand is reliable and procures quality products.
Key advantages of Trademark Registration
Here is the list of reasons to register a Trademark in India:
- Provide exclusive rights to the owner: A registered Trademark owner has an exclusive right to utilize the same Mark for each category of items which falls under the class submitted for a Trademark Application. The proprietor harbours the sole authority of a Trademark and prevents others from using Trademark under the same class wherein it is registered.
- Builds brand’s reputation: A Trademark certifies the quality of goods and accentuates the goodwill of the brand. Therefore, it helps to gain the trust of the customers and increase their dependability on a particular brand.
- Creates unique product identity: It becomes utmost necessary to overshadow others when dealing in a competitive line of business. One can easily leave a strong impression of its brand through a unique logo which conveys the vision and other attributes of his organization. The biggest advantage of Trademark Registration is that it simplifies for prospective clients to discover your brand. Trademark makes your products different from your rivals and serves as an efficient promotional tool.
- Brand protection for ten years: Once a Trademark is registered, it becomes valid for a period of 10 years from the date of its filing and can be renewed at a minimal fee.
- Protects against infringement: A proprietor of registered Trademark can take a sigh of relief as no other individual can utilize his brand logo. In case, anyone misuses a registered Mark without the consent of its proprietor; then the proprietor can file legal actions under Trade Marks Act, 1999.
Procedure for online Trademark Registration
Follow the simple steps given below to register a Trademark for your brand:
- Search for a unique brand logo: You need to look for a unique name or logo for your business. Make sure that the logo/name has not been used previously by any Company and registered earlier. The logo of a Company must be relevant to the niche of its business and should not mislead the customers about a product or service.
- Draft the application of Trademark Registration: The next step after shortlisting a logo/name is to draft a Trademark Application which costs around INR 3500. Attach all the important documents with the Application, such as a copy of the logo (9X5cm in size), Incorporation Certificate or Partnership Deed, Signed Form TM-48, Address proof, Aadhaar card & ID proof of Directors.
- Filing of Trademark Application: You can file a Trademark Application either through online or manual mode. In the manual Registration, the applicants have to visit at Registrar Office and submit Trademark Application along with the documents. Thus, the applicant gets an Acknowledgement receipt within a period of 15-20 days. However, in the online mode of Registration, the applicant receives an Acknowledgement receipt instantly soon after submitting his Application.
- Analysis of an Application: Registration authority shall then take over the examination process. They will check if the information is correct and valid. If any discrepancy occurs, the Application may reject.
- Publicize the approved Trademark in the Journal: Once the Authority approves the Application, Trademark shall be published in Trademark Journals. If any third-party does not raise an objection against Trademark’s authenticity within 3 months of its publication, then the brand logo will be accepted universally.
- Issuance of Trademark Certificate: After a series of trials and tribulations, Registrar will accept the Application and issues you a Certificate of Trademark.
If you seek to register a Trademark for your business, you must consult Swarit Advisors. We render a wide range of Trademark services from Registration to Renewal and File a Response against the Objection. Our team aims to ease your legal matters with years of professional experience.