What is Trade Mark Registration?
A trademark is a graphic symbol—it could be a word, a name, a number, a label, a color combination, etc.—that businesses use to set their goods and services apart from those produced by other companies.
Do you want to register your trademark ?
A distinctive Trade Mark registration is the answer if you’re considering a new good or service and want to register the logo for it. The most effective instrument for marketing your product may be a trademark. The public identifies a Trade Mark with certain quality, reputation and image of your good or service. Your firm will be more successful the more well-known the Trade Mark is.
The same argument also holds true for plant breeder’s rights, registered designs, patents, and copyrights. These are referred to as intellectual property as a whole.
Trademark Registration in Chandigarh
There are several different sorts of trademarks that can be registered in India, including device marks, word marks, labels, and logos. The choice of whether to register the trademark as a word mark or a logo is therefore a challenging one.
WORD MARK
A word mark is the simplest of the additional trademarks that are possible; for example, Jio or Britannia have merely trademarked the word, which is known as a word mark.
A word mark causes the word to self-register. When a trademark is registered as a word mark, the applicant has unrestricted use and representation rights to the word in any font or format, giving it broader protection. This includes exclusive rights to the word as a whole and the ability to describe it in various formats, regardless of its style, for all the goods and services associated with the mark.
LOGO
A logo, on the other hand, gives the owner of the trademark the rights to the whole combination of words, images, and designs. such as Nike, Adidas, etc. In addition, the applicant would wish to register a trademark for a certain logo if it is without a doubt recognisable by viewers or customers.
Because a logo’s rights can only be asserted as a whole, the protection offered to the words in a logo mark is more limited than it is for regular word marks. Therefore, registering a trademark as a logo would be appropriate if someone wants to register a distinctive designed appearance or a combination of stylized text and design.
LOGO COMPOSITE MARK
Typically, a company’s brand name consists of both words and logos. For instance, the complex composite logo mark used by Jack & Jones, a major garment maker, integrates even the location of its label on the back of their trousers. In such cases, filing the trademark as both a word mark and a logo would be the best method to protect the intellectual property. However, since it might be expensive to file multiple trademark applications, it is generally advised to register the trademark as a word mark.
To obtain the thorough shield, a different trademark application for word and logo must be submitted. For new enterprises, it can not be very cost-effective.
Who Can Apply For a Trademark?
When a trademark is formally registered, the person listed as the applicant on the Trademark Registration form will be recognised as the trademark’s owner. Any person, business, or LLP may submit the application as an applicant.
Documents required for a trademark registration
A trademark registration is an important process that a brand or corporation can utilize to protect itself from unauthorized use and infringement.
The Government of India has gradually streamlined the trademark registration process to enable business owners to easily obtain trademark registration for their brands within a few months. The numerous paperwork needed to register a trademark in India are listed below.
It is not necessary to submit original papers for the registration of the trademark application procedure. The only required original documents are scanned copies.
Who can file a trademark application?
A Power of Attorney signed by the applicant must be used to authorize a Trademark Agent to file the Trademark Application with the Trademark Registry. After receiving the acknowledgement, the trademark agent files the application with the Trademark Registry. The Trademark Agent will receive all letters and communications pertaining to the TM registration procedure.
How to Register a trademark
In order to effectively register a trademark, numerous steps must be done.:-
Selecting a trademark
Remember that the logo you use to represent your company should be both unique and recognisable. Finding out which official level you belong to is a crucial next step. Trademarks can currently be registered for 45 distinct kinds of goods and services. 35-45 is for services, while 1–34 is for goods.
Mark analysis
It is a good idea to conduct a search once you have chosen a mark for your company to determine whether it is similar to any other registered marks. You can do this on your own or with the aid of a specialist by going to the website of the Controller of Patents, Designs, and Trademark.
Using legal counsel is the alternate choice. Although you will have to pay for them, it is thought to be the safest option. The total cost of legal services will be less if an objection is made against your trademark. They would not only perform the search on your behalf, but they would also offer support all along the way.
Application submission
There is no restriction on the number of classes or series trademark applications you can submit in a single filing. Form TM-A must be filled out in this situation in order to register a trademark for more than one particular category of products or services. There are two types of fees for submitting this form:
Rs 9,000-10,000 bracket
This category will be assigned to you if you do not meet the requirements for a start-up business, a small business, or an individual. The cost to submit the form electronically is Rs 9,000. If you decide to file the application in person at the Department of Trade Marks, the cost is Rs 10,000.
Rs 4,500-5,000 bracket
This group includes those who work for themselves, own a small business, or are just starting one. The fee of electronically submitting the form is 4,500 rupees, compared to 5,000 rupees for physically submitting the form.
You must be extremely careful not to make any mistakes when filling out the form because doing so could cause the application to be delayed or even rejected. All relevant information must be provided, and you must provide a photo of the trademark that is 9 cm by 5 cm in size. You can end up being required to attach five identical copies of the same thing. When filing, the entire file and two copies must be presented.
You can submit it online, on your own, or through an agency, whichever is most practical for you. If the application is made physically, it could take up to 15-20 days for it to be validated. However, if you complete it online, it will be finished right away.
Status of application
You will be given an allocation number once you have confirmation that your application has been filed.You can monitor the status of the application online using this allocation number. It will take time; if there are no filing problems, it will be 18 to 24 months before you find out whether your application was approved or rejected. This could take longer if there is a problem.
Since files are given priority based on the date of submission, the longer it takes, the more priority your application receives. Another benefit of filing the application is that, after receiving your allotment number, you can still use the TM sign next to your mark even if it hasn’t been approved.
Registration
Once your trademark has been approved, the registrar will give you a trademark registration certificate. This will formally attest to the registration of your trademark and its future protection. The registration will be active for 10 years starting on the application submission date. Your trademark can renew again once the mention time has passed.Renewal is possible forever.
Please Note: A trademark is only recognised and valid in India; it carries no guarantee of recognition outside.
Trademark Registration Fees
The cost to register a trademark is Rs. 5,499 for individuals and Rs. 11,499 for businesses.
The above-listed prices can change. To contact our specialists and get detailed price information, please click here.
Benefits of Trademark Registration in India
A trademark is a distinctive symbol or sign that can be a label, a number, or a group of colors used to identify your goods or services.You can obtain a trademark registration under the Trademarks Act, 1999.
By using a trademark, you and a third party can tell your goods and services apart from those of your rival. However, it would be beneficial to remember that common names, trade names, geographical names, and abbreviations cannot be registered as trademarks.
In addition to being distinctive, a trademark should be simple to use, help sell your products, and build brand recognition for them. The following are some advantages and benefits of trademark registration for the owner:
- Legal protection:Trademarks are designated as intellectual property upon registration, making them impervious to infringement. Additionally, trademark registration grants the sole right to use a mark in connection with the “Class” of goods or services it designates. Once your trademark application has been submitted, you may use the Symbol “TM” with your goods. Only once you have achieved trademark registration can you use the letter “R.” Additionally, the ® mark can only be used for the products and/or services that are stated in the registration certificate. You can file a lawsuit in the country’s proper courts for trademark infringement if an unlicensed use of a registered trademark occurs.
- Product differentiation: Trademark registrations are distinct to the goods or services they represent. Trademark will enable differentiation of your product as against the products of your competitors. Additionally, trademark registration will aid in clearly identifying your products because it will be valid for the entire class of goods or services represented.Customers uniquely identify products carrying trademarks, resulting in the development of a market for your goods.
- Brand recognition: Customers relate a product’s functionality, quality, features, etc. to the business that produces it. They widely advertise the goods using its registered trademark logo. If you register your trademark, it will be simpler for people to recognise your goods and services. Furthermore, it creates favorable connotations for the brand.As a result, your brand is well-known and develops value over time. While keeping devoted customers, brand recognition encourages new clients.
- Creation of an asset: A business enterprise can create an asset by registering a trademark.Trademarks are an example of an intangible asset that is recognised in accounting and taxation. Intellectual property with value in connection to the items it identifies are trademarks. Trademarks may be purchased, leased, assigned, or utilized in any other manner for commercial purposes.In the books of accounts, you can record the cost or value of trademarks, subtract the cost for depreciation, and record revenue from the use of the trademarks.
- Business valuation and goodwill: Your entire business value, goodwill, and net worth in the industry are all enhanced by trademarks that are registered and connected to your items. Your trademark communicates your commitment to excellence, the distinctive qualities of your goods, and the purpose of your business. Your business can grow thanks to trademarks. They support retaining devoted clients and safeguard your company’s reputation.
- Trademark recognition: From the date of application filing, a trademark registered in India is valid for ten years. The trademark may, however, be further renewed. You require permission or trademark registration in the relevant nations if you want to use your trademark outside of India or develop your business outside of India. In these circumstances, the use of your trademark registration and business in India serves as a base to acquire registrations outside of India.
- Business expansion: A trademark creates a relationship between a company’s customers and its goods. You can build a customer base with effective or distinctive items. Your trademark aids in attracting new customers and growing your current clientele. The ten-year exclusivity period granted by trademark registration safeguards your company’s earnings. Businesses can benefit from a customer base by launching new items and growing their operations.
