Trademark Registration
Trademark Registration is a registration for enterprises are reaping various benefits out of it. Trademark Registration opens the new prospect of opportunities for the enterprises registered under it.
Online Trademark Registration in India Starting at just Rs. 5,999/-
Protect your brand identity and the trust your customers have in it easily, through Udyama and our team of experts. Trademarks are special unique signs that are used to identify and differentiate goods or services provided by a business. They can be designs, pictures, signs, words or even expressions. It is important because it differentiates your products from the competition. It can be associated with your brand or product. Trademarks are classified as intellectual property and therefore are protected from infringement. Trademarks and its rights are protected by the Trademark Act, 1999. To get the protection of trademark rights under the Act, one has to register the trademark. It is important to register your trademark because it prevents others from copying your mark and misrepresenting other products with your mark. Trademarks help the customers to recognise the brand and the brand value in one look such as the logo of a tick sign for Nike or a jumping wildcat for Puma etc. Unlike patents, trademark does not have a definite limitation period. Where a patent expires in 20 years a trademark registration expires after 10 years of its registration, but unlike patents, a trademark can be renewed again for another 10 years. This process can be indefinitely done, meaning as long as you keep renewing the trademark it will not expire and will continue to be under the protection of the Act.
What Can You Register As a Trademark?
Many aspects of your brand image can be registered as a trademark. The aspect you need to consider is which aspect of your brand stands out to your customers. Pick that aspect(s) for registering.
1. Name
a. Product Name: You can register a particular product’s name as a trademark. Apple’s iPod is a product name trademark.
b. Business Name: Registering a company name as a trademark is the most common route businesses take. Ex: Bajaj.
c. Person’s Name/Surname:If your name plays an important part in generating revenue, then you can even trademark your name! Ex: Shah Rukh Khan has trademarked his name.
d. Abbreviations:Abbreviations of a company or brand name can also be a trademark. Ex: BMW.
2. Logo/Symbol
It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recollect a logo faster than a name. A great example of a logo trademark is the ‘swoosh’ of Nike.
3. Tagline
If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business. For example, KFC’s ‘It's finger lickin' good’.
4. Other Options
a. Colour Mark: You can trademark a colour or a combination of colours. (Ex: Cadbury has trademarked the colour royal blue)
b. Sound Mark: Musical notes or sounds can be trademarked if we can prove that it's distinctive. Nokia has trademarked its tune.
c. Scent Mark:Even scents can be trademarked.
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Why is it necessary to obtain a Trademark registration?
There are several reasons to get a trademark registration but most are necessary for all the companies and the willing entrepreneurs as it acts as an important asset for the company. There are many advantages of getting a trademark registration and utilizing the services. Here are some advantages.
Intellectual Property Protection
Trademark registration provides legal protection against the misuse or copy of the company's name or registered logo. The owner of the trademark receives ownership of the trademark which can be legally upheld in any court. Registering a trademark lets the owner of the trademark receive nationwide ownership of the mark which can be legally upheld in any court. A trademark registration grants an official notice that the trademark is already owned.
Powerful Deterrent
A trademark owner obtains the right to publicly advertise the brand as a registered trademark that alerts others and forestalls the defense of the innocent infringement. Once the trademark is registered the trademark will appear in the search reports that will discourage the other applicants from proceeding with the same or similar mark registration. If you are the first one to register a Trademark then the National Trademark office in New Delhi will refuse the registration to any trademark which seems confusingly to any other such Trademark.
Legal Remedies
By getting a Trademark registration in India the owner of the trademark can recover up to triple damages from the infringer. The owner receives the presumption of being the valid owner of the mark. Registering a trademark gives the owner a right to sue anyone who is misusing the mark to sue in any court. An unregistered Trademark on the other hand is open to suits
Documents Required For Trademark Registration
- Proof of Applicant
- Brand Name & Logo
- User Affidavit
- Proof of TM Use
- MSME /Startup Recognition
- Signed form TM – 48
Step 1: Trademark Search
Once you give us the basic information about what you want to trademark and the industry you operate in, our experts will do a thorough search across the trademark database. This is to check whether the mark you want to register is available or not. Once you decide on an available trademark, we move to step 2.
Step 2: Class Selection and Document Collection
The next task is to select the appropriate class(es) for your business. You need not worry too much though. Our experts will guide you in selecting the right classes to cover all aspects of your business. Simultaneously, you can start uploading all the required documents (list given below) for trademark registration in your dashboard.
Step 3: Trademark Application Filing
Once you upload all the documents, our team will proceed to verify them. Then the trademark application form will be filled on your behalf and submitted along with the documents. Our team will ensure that your application is accurate and error-free. We will keep you updated throughout the process and watch out for any notifications from the Trademark Registry until the registration is complete.
Congratulations! You can now start using the symbol ™ as the application has been submitted!
Step 4: Trademark Objection (in some cases)
Sometimes the examiner might have some questions about your application. This is sent to you as a trademark objection notice and you need to respond to it within 30 days. Our experts can craft a strong objection response and guide you in submitting the right documents and proofs.
Step 5: Trademark Opposition (in some cases)
There is also a chance for a third party to oppose your application. In that case, you have to submit a counter-statement to the Registrar within 2 months stating why the opposition isn’t valid. Based on your response the Registrar may either dismiss the opposition or call for a hearing.
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1. What is a trademark class? ?
The Trademark Registry has classified goods and services under 45 classes. Each class lists a host of goods/services and depending on those you are offering, you need to mention the class(es) on your trademark application. The trademark would be registered and protected under those classes only. -
2. What trademark applications are commonly rejected??
If your trademark is similar to an existing application, would hurt religious sentiments, contains geographical names, or common words. It would also be rejected if it is likely to confuse. -
3. When can I use the ™ symbol??
As soon as you file the application and receive an acknowledgement, you can use the ™ symbol. Once the registration process is complete, you can use the ® symbol. -
4. How can I run a trademark search??
You can run a simple trademark search easily by clicking here. However, if you are serious about getting your trademark registered, it is advised to get a professional to do thorough trademark research. -
5. What if my trademark is taken, but under a different class?
If your brand name has already been registered, but under a different class, you're still in luck. Unless the brand is too well known (like McDonald’s or Fiat), your application is likely to be approved. -
6. What if someone has a similar word trademarked?
You can't get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. So there is a way out, but it is best to have a unique name. -
7. Do you guarantee approval of my trademark?
It depends entirely on the government's judgement. But if it is unique, it is highly likely that it will be granted. -
8. Should I file the trademark in my own name?
Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.
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