How to Trademark your Business?
Japsanjam Kaur Wadhera | Updated: Dec 02, 2020 | Category: Trademark
When a company decides to establish a business, it ensures that its product has a brand and no other person can acquire that brand without their permission. But to do this, the crucial question that arises is how to Trademark your business? Not only this question is of concern, but it the very essential and first step of a company before it decides to introduce a product in the market.
Giving a trademark to the business helps a company to secure its brand from being infringed by others.
Therefore, this article will talk in detail about how a company can issue a trademark and enjoy the rights available to them under the Trademarks Act, 1999.
What do you mean by Trademark and why is its Registration compulsory?
A trademark means a logo, word, symbol, design or any other mark given to a product which helps the company to distinguish its product from those of the others. Giving a trademark to products indicates that such a product has a certain standard of quality and can be trusted by the people.
Trademark helps to advertise the product by putting forth the distinctive features that the product has in the market. It assures protection to the trademark holder and defends it from any infringement of the law.
When it comes to the registration of the Trademark, getting a trademark registered is very important. A brand shall lose its distinctive character if no trademark is provided to it.
How to Trademark your Business?
To Trademark your Business, one has to get it registered with the Registrar from the Trademarks Office.
What is the Procedure to register a Trademark?
To register a Trademark, below are the steps that are needed to be followed:
Step 1: Look for an “accentuated” brand name
Creating a brand name which is quite noticeable in the eyes of the people is essential. If a brand name is unique, it will attract people and will become easy to advertise. For this to happen, one must search and invent a brand which does not resemble those already available in the market. There has to be extensive in-depth research to be more meticulous with your brand name.
Step 2: Fill a Trademark Application
After finalizing a name which is unique and has a distinctive identity, the applicant must apply for the trademark application. The Form TM-1 under the trademarks act has to be filled to pursue for further procedure.
Step 3: File a Trademark registration application
The registration is done with the registry of the Trademarks Office. The applicant after filing the application form needs to file a registration application in order to get its trademark protected under the Trademark act.
Step 4: Examination of Registration Application
During the process of Trademark registration, the registry of the Trademarks office appoints a trademark examination officer who examines the application and upon satisfaction approves the registration of the mark. If the Examination officer is not satisfied with the application he may pass a refusal order for the same.
Step 5: Publishing in Indian Trademark Journal
If the Examination officer approves the application he shall proceed with publishing the application in the Trademarks Journal for scrutiny. If any person raises no opposition within a period of 3 months, that is 90 days, then the brand name is proceeded to be accepted for providing trademark certificate.
Step 6: Issuing a Trademark Registration Certificate
On acceptance of the trademark application, the final stage involves providing a trademark registration certificate to the Registered Trademark Holder.
All these steps help to trademark your business and help to protect it under the Trademarks act and prevent infringement of laws.
Also, Read: How to Apply for Online Trademark Registration in India
Time Period to Trademark your Business
If a trademark is approved for registration, and once a registration certificate is issued to the Registered Trademark holder, then such certificate shall be valid for a period of 10 years and can be renewed for another 10 years on the payment of prescribed Trademark renewal fees.
What are the Documents Required to Trademark your Business?
One needs to file the application along with necessary documents and affidavit in support of it, in order to get your trademark registered. Such documents involve the id proof, the brand mark that is to be registered, photograph etc.
Who can file a Trademark and where can it be filed?
A trademark application can be filed either by the applicant himself or by an agent authorized by him. The filing of the application can be done either through online Trademark registration of the trademarks office or in person or post.
Trademark in your business- What is its Function?
- It provides a distinctive identity to a brand and its service.
- It assures the standard of Quality
- With the Trademark registration, it makes it easy to advertise a brand as it easily comes to the attention of the people.
Infringement and violation of rules
Trademark Infringement results in the violation of rules of the Trademarks Act. In order to Trademark your business, it is necessary for the person applying to register the mark, to comply with all the rules specified in the Act. Also getting a mark registered helps the trademark registered holder to protect its mark from any infringement. In case where the registered holder believes that his mark is being infringed, he can take a lawful action and file a trademark infringement case against the offender in accordance with the rules of the law or act.
Every company before promoting its product has a responsibility to not only create such a brand which becomes popular amongst the people but also to assure that its brand is protected from being in conflict with the rest of the brands, be it any reasons!
Therefore, it is necessary for any company to know how to trademark your business. All the steps must be followed properly for getting the trademark registered in order to protect the brand and this must be necessarily done in accordance with the Trademarks Act, 1999.
Also, Read: Who has the right to own Trademark: Promoter or Company?
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