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Trademark registration is the process of legally protecting a brand name, logo, slogan, or any other distinctive sign that identifies and distinguishes the goods or services of a particular business or individual from those of others. It grants the owner exclusive rights to use the trademark and prevents others from using similar marks in a way that could create confusion among consumers.
The registration of a trademark provides several benefits to the owner, including:
Legal protection: It gives the owner the right to take legal action against any individual or entity that infringes upon their trademark rights.
Exclusive rights: The owner has the exclusive right to use the trademark in connection with the specified goods or services for which it is registered.
Deterrence: The presence of a registered trademark acts as a deterrent to potential infringers who may think twice before using a similar mark.
Brand recognition: Trademark registration helps build brand recognition and customer loyalty by associating the mark with specific goods or services.
We can get TM certificate within 4 days after filling our application before the Trademark Registry. After getting TM certificate you can use TM symbol on your Trademark or Logo in the right hand side and you have to wait up to 18 months to get R Registration Certificate.
After some month later your trademark will be objected or directly accepted by the Trademarks Registry, if the object your trademark they will fix the hearing to produce our side evidence (yearly one invoice copy, sales turnover certificate, etc). Hearing fee will be applicable if hearing will be fixed or not applicable if directly accept by the Trademark Registry. And your trademark will be advertised in the Trademarks Journal for opposition if any (opposition fee applicable), your trademark will be registered if no opposition come within 4 months from the date of advertisement.
You can use R symbol instead of TM symbol after receipt of R Certificate. Kindly refer below flow chart for your reference and renewal period 10 years from the date of filling application.
| NO | PARTICULARS | DURATION | FEES |
|---|---|---|---|
| 1 | Search Report | 1 Day | Free |
| 2 | TM Certificate | Rs.7500 (including Govt Fees)With in 4 Days | |
| 3 | Acceptance Order | Minimum 8 months from the date of filling | |
| 4 | Journal Publication | Minimum 9 months from the date of filling | |
| 5 | Opposition | Opposition might (or) might not be come with in 4 months from the date of journal publication | |
| 6 | Registration Certificate | 6 months from the date of journal publication | |
| 7 | Renewal | 10 years from the date of filling | |
| 8 | Total duration Period To get the final Registration Certificate | Minimum 2 years Maximum 4 Years from the date of filling | |
Trademarking is essential for protecting your brand identity overall. Trademarking will stop competitors from poaching your customers from imitating your brand. It also offers you some protection from those copycats doing any reputation-damaging.
Trademark registration for your product gives you the right to sue anyone who copied your product or goods.
Even though trademark registration is not compulsory, it better protects your company’s goodwill.
In India, any individual, an Indian or a foreign national can readily apply for registering a trademark. Forming a legal body or a corporate entity is not required to write a trademark. Furthermore, the paperwork necessary to register a trademark in a proprietorship’s name is the same as those required to register a trademark in an individual’s name, as follows
A trademark is an intangible asset to a business that adds value to it. It differentiates the product or service from the competitors in the market. Trademarks can resemble the brand as they attract the customer, stand apart, easily identifiable from the rest of the others. Trademark is a marketing tool for your business. A trademark is a sign of company, reputation, and integrity that helps or allows the consumer in purchasing decisions. Like in the real estate business, the value of assets appreciates over a while. Likewise, the value of a trademark grows exponentially as the business grows. Moreover like tangible assets, trademarks can be sold, purchased, or either used as security for obtaining a loan from financial institutions. Therefore, all businesses must protect this valuable asset.
Registration of Trademarks in India is relatively cheap. Once, the application for trademark registration is filed it would take a time about 6 months to 2 years to process the application and grant the trademark certificate based on the government processing. The application is processed on a first come first serve basis. The Trademark application gets rejected if the “mark” proposed is either the same or similar to the “mark” proposed by you. Hence, First come First served is the basis for processing the application for registration of the trademark.
As per the Companies Act, 2013, the name of the company cannot be similar or identical to the registered trademark. This provision may be used to block the names that the company may use in future. A company name cannot be the same or identical to the trademark. So a company can’t be registered under the same name twice. A provision in the Companies Act, 2013 is being used by Entrepreneurs to block company names that they intend to use in their business may be in future. In order to avoid further complications it is important for a business to register their trade mark.
Today’s competitive markets have made advertising and branding a must for any business. Businesses spend on a range of advertising mediums such as digital, newsprint, radio, TV, etc., to promote their brand among consumers. If a brand is not trademarked, there is the possibility of anyone claiming the brand. Therefore, it is important to file a trademark application for the brands before the beginning of advertisement campaigns.
Trademark is the best weapon to be used against unfair competition. In order to avoid your brand be exploit by copycats and counterfeiters in today’s market trademark is most important. A registered trademark is an effective tool against such unfair competition. Under the trademark act, remedies are available to the owner of a trademark for unauthorized use of his or her mark or its imitation by a third party.
Once the trademark is registered it will be valid for the next 10 years. No fee or legal obligations is needed in 10 years period for maintenance purpose. Also just before the expiry of a trademark certificate, it can be renewed just like a passport and the owner can protect the trademark by a third party. If we closely notice, trademark registration is much cheaper than domain registration in the long term and can be maintained forever
The best trademark name should be easy to speak , remember and spell and a unique combination of words and geometrical make a trademark best. Avoid laudatory words and common names. To know any similar or same names are there in the market conduct a market survey.
There are four function in trademark for the modern business conditions
Follow the below steps to Check Trademark Status of yours.
™ means its a unregistered trademark and used only for the promotion purpose. Where as ® indicated that the trademark is registered as well as its service.
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