in this article, we will be discussing Register Trademark. A trademark can be a name, word, symbol or device that is used in business or in trade in order to denote a good’s source and to make it stand out from the rest trademark registration is required. Service marks, however, differ from trademarks in the fact that the source is a service and not a product. Hence, it is used to identify and distinguish the source of that service.
All or most businesses probably have specific designs and /or logos that are unique to the business or the related products. This “uniqueness” helps in distinguishing of competitive products in the market. Protecting one’s trademark is very important in order to make sure that the consumers do not get confused when a different company releases similar products and it also helps to protect the integrity of a business’s and its product’s identity.
Reasons To Register Trademark
- A legal representation of your ownership: This helps to avoid a probably costly dispute due to various kinds of possible disagreements in the future.
- Nationwide security of your mark: This insists that the mark makes it possible that you’re the one and only business which uses the aforementioned “mark” with the goods and services that YOU provide in the entire country.
- Nationwide recognition of your ownership: This indicates that once the trademark is approved it would be published in the national database, which allows anyone to search on the trademark office website. This, in turn, prevents others from using a similar mark, hence emphasizing your “ownership”.
- The maximization of damages: Damages are paid to a person when the trademark authority recognizes that the aforementioned party’s intellectual property and/ or ideas that are being used by some other entity (individual or organization) in an illegal manner. In some cases, statutory damages and/ or treble damages, as well as the lawyer’s fees, can be provided to the owner of the trademark. These damages, however, might not be allowed if the mark is not registered.
- Right to sue in civil court: The owner of a trademark which is registered with the trademark authority has the right to file a lawsuit for trademark infringement.
Trademark Registration Procedure:
- Deciding what to trademark: The first and the most important thing is to recognize the unique things in your business or the products and hence shortlisting what can be trademarked. For starters, a logo, in as many as 99% cases as unique as a fingerprint and can hence be trademarked.
- Making the trademark application: To begin with, you need to fill in the trademark registration form i.e. From-TM1 and attach the required documents. The application will cost you INR 3500 (at the time of writing).
- Filing the brand name registration application: This step can be done in 2 different ways:
- Manual filing: In this option, you need to personally walk down to the office of the Registrar of Trade Marks located in Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad and you will receive the acknowledgment of the application along with the receipt within 15-20 days of filing.
- E-filing: This option is used when performing trademark registration online. Acknowledgment is issued immediately.
- Examining the brand name and trademark registration application: The application will be checked and it will be seen to that it doesn’t conflict or dispute with other registered or pending brands.
- Publication in the Indian Trademark Journals: After the examination, the logo or brand name is published in the Indian Trade Mark Journal and if anybody fails to raise an opposition within 3 months from the date of publication and the name proceeds to acceptance, then a Certificate of Registration under the seal of Trademark Registry would be issued.
For trademark registration in India, the above points will serve as a great help.