A trademark is a registered or legalized sign, symbol, word, or words used to represent a company’s products or services. As a result, any tampering with or illegal use of this trademark by any other company to which it does not belong gives the authorized company the right to legal action, making a company’s trademark the most important feature of its existence. Once a company is formed, it must register its trademark with the Registrar, which is only valid for ten years and comes with its own set of benefits. So we are categorizing ourselves in this blog. Trademarks can be classified as either registered or unregistered. Who can apply for a trademark and what are the Benefits of Registering a Trademark Online?
Importance of trademark registration
Owner rights violations can damage a brand’s reputation and hinder commerce. Action that is resolute is needed to protect rights. A trademark that has been registered gives its owner an exclusive right and sets it apart from competing goods from other companies. As intangible assets for the owner, trademarks offer the brand long-term protection. Such words, logos, and slogans may only be used by the owner of a trademark. In a market like India, brand safety and protection are essential. Trademark Registration in India is therefore necessary rather than discretionary.
Trademark Application to register trademark online
A person, company, or legal entity that sells any product(s) or service(s) may apply for a trademark. Furthermore, Trademark Registration can take 18 to 24 months to complete, and upon successful registration, businesses can use the ® symbol with their trademark to highlight its registration. Companies will also receive a registration certificate to ensure the Trademark Office’s legal protection. A registered trademark is also valid for ten years from the date of filing, and trademark holders must renew the trademark to maintain protection.
Some Trademark types to register online
- Trademarks that have been registered for services are called service marks.
- A good trademark should be simple to say and recall while also being distinctive and one-of-a-kind.
- The Brand Value and reputation a Brand Name carries have a significant impact on a consumer’s decision to buy goods or hire services.
Advantages of registering a trademark online
- Legal safeguards: It helps to protect a company’s intellectual property. You have the right to sue if someone uses your trademark.
- Increases the firm’s profitability: Buyers are frequently enticed to purchase items due to the appealing design of the brand or colored lettering. The importance of professional logo design cannot be overstated, especially in today’s digital age.
- Brand image and goodwill have improved: You can increase product popularity by emphasizing the product’s distinguishing features in an appealing logo, design, or text. This can be accomplished by diversifying its products or services and increasing their value, by offering them for sale, or by entering the franchising industry through licensing.
- Provides a sense of autonomy: A trademark can act as a crutch; once a company has established itself, it will want to maintain a positive reputation. A start-up company can wear a protective blanket to cushion the blows of business by trademarking a name or brand. Furthermore, it informs others, both directly and indirectly, that the firm is being guided by true thought.
Registered Trademarks and Unregistered Trademarks
- After completing the registration process, a trademark is added to the Trademark Register. A registered trademark is one that fits this description. A trademark is referred to as unregistered if it is not filed with the Trademark Registrar.
- A trademark that has been registered is guaranteed to have legal protections, especially when the applicant is given ownership of the property. A trademark that is not registered has no legal advantages. An unregistered trademark, however, is recognized under common law.
- If a trademark is registered, the owner is given the benefit of exclusivity in its use, sale, and trade. Unregistered trademarks lack these exclusive rights and, until proven differently, are available for public use.
- If the trademark is not registered, evidence of ownership must be provided, such as the brand’s goodwill or reputation in relation to the good or service for which it is being used. The owner of a trademark competitor must now prove their ownership if a trademark is registered.
- A trademark that has been officially registered may display the R in a circle to denote ownership. An unregistered trademark can be protected without registration by employing the TM symbol. This symbol informs individuals of your rights without forcing them to file a trademark application.
- It is strongly recommended to register the trademark in order to obtain legal protection in the event of infringement or theft, despite the common law advantages of an unregistered trademark. The user or owner of a registered trademark has a competitive advantage and a high likelihood of success.
Reasons for trademark registration denial
If your form contains an incorrect name, details, or incomplete information, the Trademark Registering Office will send you a notice within 30 days.
If the trademark is similar to another registered trademark, the form is rejected by the verifying officer. Then, write a quick response to the objection and resubmit the form.
Conclusion
A trademark is a sign that distinguishes one company’s goods or services from those of other companies. Intellectual property rights protect trademarks. So, in this blog, we will go over the benefits of registering a trademark online in India as well as the different types of trademarks. And the reasons for rejection you can register your trademark yourself or with the help of a best legal advisory Consultant applytrademark.co.in