A trademark can be defined as a unique indication for a company or a brand which gives it a different and identifiable identity. In short, a trademark can be called the identity of a service provider or manufacturers in just one glance. A trademark might consist of letters, numbers, special marks, logo, shape of some sort or a stiletto. A trademark can be made out of anything and everything provided that it serves the purpose of easy recognition by the customers.
A trademark registration gives the rights of exclusively using that particular mark by the owner. It can also forbid other people from using the same trademark in order to dismiss any kind of confusion that might arise in the mind of customers regarding the company or the particular service. This is only possible if two or more trademarks are identical and so to avoid this sort of confusion, trademarks are registered by the company owners and service providers.
REGISTRATION PROCESS FOR A TRADEMARK
It has been made clear by the government if India that in order to hold rights for your trademark you need to register it with the concerning authorities. But nevertheless, there are certain benefits which come out if you get your trademark registered.
1.The first and foremost step is to choose your trademark agent who will help aid you in approving the trademark sign which will be related to your company or service agency. The trademark agent will take care of all the office work that has to be done in order to get your company’s trademark successfully registered with the registrar. The searching and preparing for trademark registration is done by the trademark registration agent.
2.The name of the trademark or whatever sign, logo or image that you have decided for your trademark of your company or firm needs to be cross checked by the online registrar. This step is to ensure that no other company has the same logo or name as that of an already registered trademark.
3.Once there are no objections or oppositions for the trademark registration application, the trademark registration certificate will be prepared and sent to the company or the service provider whose members have filed for the Once the trademark registration certificate is issued successfully to concerned trademark applicant, the trademark is considered to be a registered trademark of the owner, granting the trademark owner exclusive use of the mark. The trademark symbol is then authorized to be placed next to the logo or trademark.
DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION
1. To obtain trademark registration, every type of company like a private limited company or a public limited company requires certain documents to complete the process of registration
2. An official copy of trademark, logo, brand name etc that applicant wants to make the trademark of their company. It is very important for the concerned applicant to make sure that he submits a duly signed copy of the intended trademark to the authorities.
3. If the person who is applying for the registration of the trademark is a whole company, then a copy of Incorporation Certificate is to be submitted by the person on behalf of the company. And if a single person with his/her partners is filling out the trademark registration form, they have to submit their name, address proof, identity proof etc. to. The identity proof of the applicant can be PAN card, aadhar card, voter ID.
4. All the required details of the product or service provided by the concerned company for which the trademark registration is going to be registered. The name of the company, its legal address and the address proof of the registered company’s official address and other important details need to be provided by the applicant.
5. A duly signed copy of the Power of Attorney is also needed to be submitted by the applicant. This power of attorney has to be signed by the applicant on stamp paper of worth Rs. 100.
ADVANTAGES OF TRADEMARK REGISTRATION
1. Trademark registration gives the proprietor an exclusive right to use the registered trademark anywhere they want . Possibly the most important reason for registration of a trade mark is the powerful remedies against unauthorised use. The person who has applied for the registration of a trademark can sue some other agency or a platform or a person who uses the registered trademark without his/her permission. After the registration, these rights are provided to the applicant and the trademark now ( in layman’s language belongs to him/her and is completely at his/her disposal ) and no other company or person can make use of the identical trademark.
2. The trademark’s foremost job is to create recognition of one’s brand in today’s vast market. The registration of a trademark saves the rights of the trademark and then, it creates exclusivity for the related company or product or service. This helps in brand recognition and creates general trust among the citizens. This helps in making the brand with which the trademark is associated recognizable and maybe a success because of popularity.
3. The quality of the product or service provided by the company is related to the trademark which is registered by the applicant. It is automatically attached by the customers to the product. This helps in attracting new customers from the market. As the trademark created awareness among the common public about the company’s work and the products and services which it provides.
4. Now the company can use the symbol of ® with their trademark, logo or brand name to portray that the concerned trademark is registered and is prohibited to use by any other brand or company or individual. This prevents your trademark to be copied by any other company for use. The person who has gotten his/ her company’s trademark registered has all the rights to sue the other company or person who illegally uses the concerned trademark.
5. Trademark registration is done on a very low maintainability cost by the concerned government authorities. Once a company or the individual who has got its trademark registered, the trademark that has been registered have to just pay the maintenance cost and renewal cost which is after every 10 years of successfully registering the trademark. It is cost efficient and it also helps your organisation to create a recognisable and unique image which comes with a guaranteed legal protection of 10 years at very low nominal fees.
DISADVANTAGES OF A TRADEMARK REGISTRATION
1. If a company or an individual has registered a descriptive trademark for a particular product or service provided by the concerned, the company or the brand must have a budget for marketing and advertising to effectively build an association in the customer’s mind with the trademark that will directly help the future customers to recognise the concerned trademark with the company.
2. The classes that you have already mentioned in the application for the registration of the trademark cannot be changed or added in legal capacities once it is filed with the registrar office. But the amendment of application with the purpose to overcome the objection raised by the examiner cannot be counted as a change in the said application. This is a major disadvantage in the whole registration trademark.
3. Trademark registration of a brand or a service is only valid for a period of 10 years from the date of registration and needs to be renewed by the government authorities after every 10 years. The main disadvantage of trademark registration is that the company which has gotten its trademark registered with the registrar office has to pay fees after every 10 years in order to maintain the legal protection which is provided to the trademark. Non-payment of renewal fees may cause the removal of the trademark from the register.
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