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A brand's distinctive identity is safeguarded in India by trademark registration. This is under the control of the Controller General of Patents, Designs, and Trademarks. It includes a company's name, tagline, and logo. Applying to the Trademarks Registry, determining distinctiveness, and publishing in the Trademarks Journal are all steps in the process. The trademark is registered if it is not challenged. Ten years of protection are granted, and it is renewable. This ensures the value and recognition of the brand. Advantages of TRADEMARK REGISTRATION are:
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Know Everything About Trademark Registration
Company Registration Process
Why Is Trademark Registration Important?
It is essential to register your trademark in India in order to protect your business and stop others from using identical symbols. It grants you legal control over your brand, increases the value of your brand, and offers buyers confidence in the caliber of your goods or services. Additionally, it promotes client trust and brand identification.
What Can You Register As a Trademark?
Different products can be registered as trademarks in India. They can be phrases, slogans, sounds, smells, colors, brand names, logos, or any other distinctive indicator. These trademarks should set your products or services apart from competing ones. This preserves your company's reputation and guards against abuse.
Trademark Classes
There are 45 trademark classes and all the goods and services are categorised across these classes. You need to be very careful while picking the classes as it will determine the validity of your trademark registration for your business’ products/services. If your business operates across different goods/services that fall under different classes, you have to ensure that you can apply for a trademark online under all the applicable classes.
Some of the popular trademark classes in India are:
- Class 9: which includes computer software and electronics,
- Class 25: which includes clothing,
- Class 35: which includes business management and advertising, and
- Class 41: which includes education and entertainment.
If you are operating within these trademark classes, the competition for a trademark might be higher. However, that shouldn’t matter as long as your mark is unique.
Important things to know before getting a Trademark registration
With technological advancements, Trademark registration can now be done online. IndiaFilings has helped thousands of businesses across India.
Trademark Search
It is necessary that before beginning, the entrepreneur must search for trademark availability. Doing a Trademark search will provide information about identical or similar Trademark filed with the Trademark Registry. Our article on How to do Trademark research? Will guide you with the same.
Trademark Filing
The trademark registration application can be filed with the Trademark Registrar after the trademark search is completed. However, the application must be made in the prescribed manner and preceded by the applicable fees. The application can be made online or at any of the state's five Trademark Registrar's offices. To register a trademark online, go to the IndiaFilings website.
The Trademark Registration application must contain the following information:
- Logo or the Trademark
- Name and address of the Trademark owner
- Trademark used Since the date
- Description of the goods or services
The Vienna Codification Process
The Vienna Classification, also known as the Vienna Codification, is an international classification of the symbolic elements of trademarks that was established by the Vienna Agreement (1973). The Trademark Registrar will apply the Vienna classification to the Trademark based on the marks' figurative elements after the Trademark registration application is filed. While this work is being done, the trademark application status is usually displayed as "Sent for Vienna Codification".
Trademark Examination
Post completion of the Vienna Codification, the Trademark registration application will be assigned to a Trademark Registrar's officer. After that, the officer will check the Trademark application for accuracy and produce a Trademark examination report. The officer has the option of accepting the Trademark application, allowing trademark journal publication, or objecting to the Trademark registration process.
If the application is denied, the applicant has the option of appearing before the Trademark Officer to answer the concerns. If the officer finds the justification sufficient, the Trademark will be approved for publishing in the Trademark Journal. The applicant has the ability to appeal the officer's judgement to the Intellectual Property Appellate Board if the grounds aren't suitable.
Trademark Journal Publication
The proposed Trademark is published in the Trademark journal once the Trademark Registrar accepts the registration application. This journal is published weekly and contains all of the trademarks that have been received by the Registrar. In addition, members of the public can oppose to a trademark registration if they believe it would harm them. If no objections are received within 90 days of publication, the mark will be registered in 12 weeks.
If a third party objects to the application, the Trademark Hearing Officer will schedule a hearing. Both the applicant and the opposer have the opportunity to appear and present their respective justifications.Based on the hearings and the evidence put forth, the Trademark Hearing Officer will determine if the application should be accepted or rejected. However, the decision by the Hearing officer can also be challenged by the escalating officer.
Trademark Registration
If no objections or oppositions are raised, just the trademark document and registration will be prepared and issued. Trademark is deemed a registered trademark of the owner only once the Trademark registration Certificate is issued, providing the owner some exclusive rights to the mark. The ® Symbol can now be added to a logo or a trademark.
The trademark examiner objects to your application for a variety of reasons, which is one of the first stages in the trademark registration process. The registrar seeks valid reasons or explanations about the mark and its registrability, rather than simply denying your claim. He offers the applicant the chance to explain how the trademark meets the requirements for successful registration.
Trademark Opposition
A trademark opposition is an objection filed by a third party against the registration of a trademark. The Registry accepts oppositions from any natural or legal person. This comprises individuals, businesses, partnership firms, and trusts (s). Notably, the person registering the opposition does not need to have an economic interest in the case or a previously registered trademark with the Registry to file the opposition.
Trademark Hearing
A trademark hearing is a physical appearance before the registrar of trademarks, either in person or by a trademark attorney or trademark agent, for the purpose of removing the proposed objections under review from a report issued following the filing of a trademark registration statement or application. If the registrar authority is not satisfied with the response lodged against the objection proposed in the final report in the procedure of trademark certification, a trademark hearing is held.
Documents required to register a Trademark online
- Incorporation CertificateIf the trademark is registered under a company or LLP.
- Partnership DeedIf the trademark is registered under a partnership firm.
- PAN CardOf the authorized signatory.
- Aadhaar CardOf the authorized signatory.
- Form TM-48 SignedThe TM-48 is a legal document that permits your attorney to submit your trademark with the trademark registry on your behalf. Our professionals will prepare the papers for signature.
- LogoPlease do not upload the logo in black and white to ensure all colors of the trademark are covered under the registration.
Benefits of Brand Name Registration
Registering a brand name order trademark has immense advantages and benefits to the owner as well as the business in general. Some of the benefits of Brand Name Registration are mentioned below:
- Legal protection:
Once a trademark has been registered, it shall be classified as intellectual property and is, therefore, protected from infringement. Trademark registration grants an exclusive right to the owner of the trademark to use it in relation to the class under which it was registered for its goods or services. Once the application for registration is filed, the symbol ™ can be applied to the products of the owner of the registered trademark. However, the symbol ® can be used only after the trademark registration certificate has been obtained. Furthermore, the symbol ® shall be used only for the goods or services that are mentioned in the registration certificate. In case of unauthorised use of one’s registered trademark, the owner can seek relief for infringement by approaching appropriate courts in the country.
- Product differentiation:
Registered trademarks are district and represent only the goods or services of the owner of the trademark for which it has been registered. Trademarks enable the differentiation of the product or services of a business from that of its competitors. Also, since registration of a trademark shall be valid for the goods or services it represents, it shall also help in distinctly identifying the products or services of the owner. Customers recognise the product or service depending on the brand name, and registration of a trademark helps create a solid customer base for one’s product.
- Brand recognition:
Customers associate the quality, performance, and features of a product with the business providing the products. The product is generally identified by the brand name or its logo. Registration of a trademark facilitates the recognition of a brand for its goods and services. It also helps create goodwill with respect to the brand. Once a brand is recognised well among customers, it carries a market value over time. Recognition of the brand helps bring in new customers and also maintain a loyal customer base.
- Creation of an asset:
Registration of a trademark creates an asset for a business. A trademark is considered an intangible asset for the purposes of accounting and income tax. Trademarks are intellectual property, and they are often associated with the services or goods that they represent. Trademarks can be franchised, sold, assigned and commercially exploited in any other manner. The value or cost that is associated with trademarks can be recognised in the book of accounts, and they can also claim a deduction for depreciation while also recovering income from the same.
- Business valuation and goodwill:
A Registered trademark that is associated with the products or services of a business helps enhance the overall goodwill, business value and net worth in the industry. The trademark is a symbol of the quality assurance, mission and distinct features of a business. Trademarks significantly contribute and the growth of a business. They also help retain customers while protecting the goodwill of a business.
- Trademark recognition:
A trademark that is registered in India is valid for a period of ten years from the date of filing of the application. Moreover, a trademark can be renewed after the above-mentioned ten years. In situations where an owner of a trademark wants to use it outside India or expand her business overseas, the owner shall be required to take the requisite approval or registration applicable to trademarks in the respective countries. In these cases, a registration certificate of a trademark in India can act as a base to obtain registrations in other jurisdictions.
- Business expansion:
A trademark helps establish a connection between the customers and the goods or services of a business. A customer base can be created through efficient and unique products. Trademark helps in expanding the business base by attracting new customers. It also helps in protecting the revenues obtained from the business for a period of 10 years. Businesses can also leverage the benefits of an existing customer base due to the registered trademark by introducing new products or services and thus expanding their business even more.
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