Complete Explanation of Trademark and it’s Registration Process

A trademark may be described as the precise identification that makes your company, product, or service stick out from the rest. A registered trademark is your business’s highbrow property/ intangible asset. It protects the funding made into developing trust and loyalty amongst your customers. The registration gives the right to sue in opposition to others who try and copy your trademark and forestalls others from the use of a similar trademark to the one registered by you. A trademark can be any word, phrase, design, symbol, or a aggregate of these items that identifies your items or services. It’s how clients apprehend you with inside the market and distinguish you out of your competitors.

A trademark:

  • Identifies the supply of your items or offerings
  • Provides legal safety of your brand
  • Helps you shield in opposition to counterfeiting and fraud.

 A common false impression is that having an indicator method you legally own a specific phrase or word and might save others from the usage of it. However, you don’t have rights to the phrase or word in general, only to how that phrase or word is used together along with your precise goods or services.

The Trade Marks Registry became established in India in 1940 and currently it administers the Trade Marks Act, 1999 and the regulations there under. It acts as a useful resource and facts centre and is a facilitator in subjects referring to trade marks in the country. The goal of the Trade Marks Act, 1999 is to sign up trademarks carried out for in the country and to offer for higher safety of trade mark for items and offerings and additionally to save you fraudulent use of the mark. The foremost characteristic of the Registry is to sign up alternate marks which qualifies for registration under the Act and Rules.

ADVANTAGE OF TRADEMARKS REGISTRATION

  1. Global permits:

Trademark registration in India facilitates the home investors in getting exposed to the worldwide marketplace via International Trademark System. It is critical to note that even Non-Resident Indians and foreigners are eligible to sign up a trademark in India. On the opposite hand, Indians can sign up their trademarks globally.

  • Exclusive rights:

 The advantage of having right to completely use it in respect of the products and offerings provided by the enterprise entity.

  • Exclusive identification:

The product and offerings furnished by the enterprise are uniquely diagnosed by customers and audiences. This helped to construct a marketplace popularity and for that reason, turns into the face of the enterprise entity. It guarantees the only possession of a selected image, logo, call, such that it is not misused.

  • Building up trust or Goodwill:

 Serving excellent services and products under a registered trademark builds up a picture of the business entity in the marketplace. It additionally portrays that the enterprise cares about the brand building and this passes on advantageous values about the brand to the clients or public.

  • Legal safety:

 Once the trademark is registered, an infringement of the present trademark may be sued via way of means of the owner. Thus, it offers sure legal safety in following situations:

  • Before any dealer creates their trademark
  • Avoids possibilities of infringement as in the procedure one would possibly locate trademark via Trademark Database or Trademark Registry.
  • In instances whilst a dealer attempts to sign up the same logo name as present in the Trademark Registry, it’d be objectionable in the Trademark’s Office.
  • In case of infringement, one is capable of obtain the right to assert under some certain conditions.
  • Protection from infringement claims:

 Once the trademark is registered, one may be certain of the infringement claims. This means if the trademark is recorded, one may also require a proper legal proof in order to protect a trademark publically.

  • The value in the marketplace:

A trademark standardizes the product and offerings furnished via way of means of the enterprise entity in the marketplace. This builds up the value of the brand such that it is straightforward for a consumer or a potential consumer to identify the organization or brand in the marketplace.

  • The right to use the symbol R:

Once registered, one may also use the symbol for items and offerings indexed with inside the registration.

  • Intangible assets:

In the legal sense, a registered trademark is regularly called an identifiable intangible asset. It attaches to the popularity or goodwill of the product.

  1. Hypothecation or safety:

 A registered trademark may be hypothecated for the reason of safety in order to stable loans. Here it’s far pledged in a comparable way as a immovable assets is bonded.

It thus becomes clear that it’s far important to get a trademark sign up.

Types of trademarks registered:

 Product trademarks: affixed to pick out the products.

Service trademarks: affixed to the offerings furnished by the enterprise entity. They are also used for advertising.

Certification trademarks: the products or offerings are licensed in keeping with their use, origin, and material, the technique of manufacture, quality, and technical specifications.

 Collective trademarks: registered with the aid of using the ones under the name of groups, institutions or different organizations. It is utilized by its contributors to pick out the characteristics set with the aid of using that organization.

Application for trademark registration

 A individual who claims to be the owner of the trademark can practice for the registration. Before making a trademark, one should conduct a trademark seek in the Trademark office to make certain that the layout of the trademark isn’t already registered. One may also layout:

  • Any name that is uncommon for trade
  • The invented phrase which isn’t descriptive of the character or quality of products and services
  • Letters or numerals, or perhaps a mixture of both
  • The right to the proprietorship of a trademark according with the legislation
  • Devices or symbols
  • Monograms
  • Combination of colors or maybe a single color in mixture with a phrase or device
  • Marks constituting 2D signs
  • Shapes of products and their packaging
  • Sound Marks.

 An individual may also practice for the Trademark registration under the jurisdiction of the main place for the operation of the business.

Trademark Registration Process

The trademarks for companies in India are regulated by the Trade Marks Act 1999. The Act targets to offer its registration and higher safety whilst stopping its fraudulent use. After one conducts a trademark seek and designs the trademark the next is to Apply for trademark registration. One can try this online or may even hire a legal professional for this purpose. The procedure for the same has been laid in the Act. For every application for registration, an application number is allocated that may be tracked online. Once it is accepted, it’d be posted in the Trademark Journal. In case no competition comes up, the trademark is then issued to the proprietor. However, in case there’s an opposition, the same is heard in the Trademark Hearing Office to determine the very last registration of the same. In case the trademark is devoid of any exclusive person or is just like every other registered trademark, it is certain to get rejected. Since the registration offers the dealer a specific right to enjoy the mark, any wrongful use of a trademark by someone who is not registered person of it is responsible for infringement of trademarks. A dealer or the proprietor of the right may claim relief. Unregistered trademark proprietors can’t document a suit in case of infringement.

Documents Required

  • The name, address and nationality of the Applicant If the Applicant is a company, the country or state of incorporation with the complete address If a partnership concern, then the name of all the partners;
  • A list of goods and/or services for which registration is required;
  • Trade Mark Entity: Whether the Applicant is an Individual, Start-up or a small enterprise;
  • Soft copy of the trademark to be registered;
  • If the application is filed claiming priority from an earlier filed application in another country, details of that application is also required at the time of filing of the application in India (application number, filing date, country and goods/services). A certified priority document or its duly notarized copy is to be submitted with the Trade Marks Office in original within two months of the filing of the application. If the certificate is not in English, a certified/notarized English translation is required.
  • USE: Date of first use of the trademark in India, if at all used or else the application can be filed on a proposed to be used In case the use of the trademark is claimed prior to the date of the application, an affidavit testifying to such use along with supporting documents required for trademark registration, shall have be filed along with the application. [The term ‘use’ in India has an extensive meaning and does not necessarily mean physical presence of the goods or services in India. Advertisement of the mark in foreign journals having circulation in India or the use of the mark in sales invoices, letterheads etc. bearing the trademark shall constitute ‘use’ of the mark in India.].

Power of Attorney: A prescribed document simply signed by the authorized signatory of the Applicant with the name and designation clearly mentioned (no legalization/ notarization is required).

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