A trademark can be almost anything–a word, logo, sound,shape, colour, or any combination of these–that distinguishes the goods or services of one party from those of another.

Trademark Registration

Trademark Registration

Outline

Trademarks are highly valuable assets. It is the brand name of your Business. A trademark can be almost anything–a word, logo, sound, shape, colour, or any combination of these–that distinguishes the goods or services of one party from those of another.
Trademarks also assure consumers of consistent quality and thus help promote efficient competition.
Business owners spend a great deal of time, money, and effort building their company and its reputation in the marketplace. Protecting that reputation is of paramount importance to the survival and future success.
A Good Trademark should be easy to speak and remember, and it should not lose its uniqueness and distinctive character. Every business should understand and should be aware of the benefits of the trademark.

Benifits of Trademark Registration

Here Are Top 6 Benifits of Trademark

  • BENEFIT OF SELECTIVE RIGHT
    The proprietor of the Registered Trademark has the benefit of selective right over the trademark. The proprietor can utilize the same for every one of the items falling under the class (es) submitted the application. Moreover, the proprietor can enjoy the sole responsibility for the Trademark and can prevent others from the unapproved utilization of the Trademark under a similar class where it is registered. It gives the privilege to prosecute the unapproved client of the Trademark Registered.
  • INVESTMENT IN CUSTOMER GOODWILL
    Developing and protecting trademarks is not a mere “cost of doing business,” but rather an investment in customer goodwill, leading to greater customer satisfaction and higher sales.
  •  PREVENTS PROBLEMS BEFORE THEY EVEN BEGIN
    Discourages others from using confusingly similar marks in the first place by making the mark easy to find in a trademark availability search, thereby preventing problems before they even begin.
  •  PROVIDES A DEFENCE TO AN ATTACK
    Owning a trademark registration provides a defence to an attack by a third party challenging the use of that mark. In other words, owning a registration serves as both a sword and a shield vis-à-vis another trademark owner.
  •  NOTICE OF OWNERSHIP
    Provides nationwide notice of ownership of the mark as of the registration date, preventing others from claiming their subsequent adoption of the mark was in “good faith.”
  • TO USE THE ® SYMBOL
    Grants the right to use the ® symbol when the mark is used for the goods and services listed in the registration (unregistered marks may be designated by a superscript “TM”), giving your products more marketing cachet and putting competitors on notice that you are serious about protecting your rights.

Steps for Trademark Registration

Step 1 : Trademark Search

This search is to check whether your business name or logo is similar to other already registered trademarks.  Once found to be unique you can proceed to the next step.

Step 2 : Create a trademark application (time required 1-2 days)

Based on the results of the search conducted, the trademark attorney will draft a trademark application, provided that your business name/logo found to be unique. You can start using the ™ symbol as soon as you file the form of a trademark application.

Step 3: Trademark registration (time 8 to 24 months)

  • The Trademarks 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 Trademarks Journal.
  • If there is no opposition from other businesses in the next four months, your trademark is registered around six eight months later.

Documents Required for Trademark Registration

Scanned copies of:
  • Details of applicant – Pan & Aadhaar of Applicant.
  •  Trademark (name), Logo, and business description
  •  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.
  •  MOA & AOA, Certificate of incorporation, Trust deed, Society bylaws agreement, whichever is applicable in your case.
Note : All documents shall be self-certified. There is no requirement for submitting physical documents. 

Conclusion

In a world where risk is ever-present and inescapable, registering a trademark is a simple process that can significantly reduce risk and drive value. Registration provides nationwide priority over all others who might seek to adopt the registered mark. Registration significantly reduces the costs of enforcing trademark rights. With so many benefits, trademark registration is undoubtedly one of the most important steps a business should take to protect its brand.

Why Choose Udyog Buddy ?

Udyog Buddy is a team of experienced professionals, our end-to-end service model, combined with personalized support, makes the incorporation journey straightforward and stress-free. Additionally, our commitment to cost-effective solutions and time efficiency allows businesses to focus on growth and operations without unnecessary delays or financial strain. Choosing Udyog Buddy means partnering with a trusted expert dedicated to helping your business succeed from the very start.
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Questions that may arise ?

Any person which can be an individual, company, proprietor, or legal entity claiming to be the owner of the trademark can apply. The application for the trademark can be filed within a few days and you can start using the “TM” symbol. And the time required for the trademark registry to complete formalities is 8 to 24 months.

You may use the ® (Registered symbol) next to your trademark once your trademark is registered and the registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed from time to time.

The simple answer is – as soon as possible, for the six reasons stated above. Most business owners start to explore the trademark process before even forming the company. It can become quite costly in legal fees to have to amend the company name, should you accidentally infringe upon someone else’s registered trademark.

Details of applicant – Pan & Aadhaar of Applicant.
• Trademark (name), Logo, and business description
• 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.
• MOA & AOA, Certificate of incorporation, Trust deed, Society bylaws agreement, whichever is applicable in your case.

Government fees is Rs. 4,500 in the case of Individual/ Startup/ Small Enterprise (it would be 9,000 in all other cases). Professional fees Rs. 1,999 Only per application.

Step 1: Trademark Search
This search is to check whether your business name or logo is similar to other already registered trademarks. Once found to be unique you can proceed to the next step.

Step 2: Create a trademark application (time required 1-2 days)
Based on the results of the search conducted, the trademark attorney will draft a trademark application, provided that your business name/logo found to be unique. You can start using the ™ symbol as soon as you file the form of a trademark application.

Step 3: Trademark registration (time 8 to 24 months)
• The Trademarks 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 Trademarks Journal.
• If there is no opposition from other businesses in the next four months, your trademark is registered around six eight months later.

Yes, as we know that trademark is an intellectual property of the owner, as other property can be sold for a price, the same way a trademark can be sold for a price.

Trademark search is done to check if the name to be registered is already taken by others or is closely similar to existing trademarks in trademark database. Proper trademark search is important in trademark registration process.

Knowing the correct class of trademark under which your brand name to be registered is the key element in successful trademark registration.

In all, there are 45 classes in Trademark, in simple terms these are 45 different business segments. These classes are broadly divided into 3 categories.

Manufacturing: Class 1 to 34
Trading: Class 35
Services: Class 35 to 45

Identifying under which exact class your business/product/service falls is important.
Wrong classification may lead to wrong trademark application and waste of time, money and losing of your brand name to your competitors.

Any mark that is similar to an already-registered trademark or a trademark for which a registration has already been filed is ineligible for registration.
Additionally, trademarks that are likely to cause deceit or misunderstanding, or that are objectionable in any way, may be denied registration.
Geographical names, common names, popular trade phrases, and abbreviations are also ineligible for trademark registration.

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Disclamer: The article provided here is solely for information purposes. This is prepared based on information provided on various forums and the same has been utilized only for information of the readers. The information presented in this article does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice. In case of necessity, consult with professionals.