A registered trademark in India is necessary to protect the brand and establish the distinguish identity of the business in the market. A trademark is an intellectual property of the business in the form of symbol or logo. In rapid growing start-ups market of India, businesses need to have trademark registration in India for building distinguish brand identity. In this blog post, you will learn about trademark, its importance in the business, benefits of trademark, and the process of trademark registration.
What is a Trademark?
A Trademark is a word, phrase, symbol or design, or combination of all these which is used in the business and give it a distinct identity in the market. A brand, any product, name of the company, or logo are examples of trademarks. Trademark registration in India helps customers to identify goods and services provided by any business or company.
Why trademark registration in India is Crucial for Businesses
There are various points to consider while discussing about the need of trademark registration in India. Some of them are discussed below:
Legal Protection: Trademark registration gives exclusive legal rights to the businesses for using certain kind of marks for their goods and services. Trademark registration in India is governed by the Trade Marks Act, 1999 in India. Office of the Controller General of Patents, Designs & Trade Marks of India is responsible for trademark registration.
Brand Identification: Trademark is a crucial tool that increases brand recognition and trust of the customers in the brand. It communicate to the customers about the quality and credibility of the products of the businesses in today’s competitive market. A distinctive trademark can make a strong presence of the brand in the brain of the customers.
Business Expansion And Global Recognition: Trademark registration in India can increase the market of the businesses exponentially in domestic and global market. Moreover, businesses in India can protect their trademark in many countries of the world through international trademark registration, like the Madrid Protocol and thus expand their international market.
Preventing Infringement: A trademark registration in India protects businesses from infringement and counterfeiting in India. In the rising e-commerce businesses in India, it is very crucial to protect the businesses from counterfeiting and infringement, in this scenario, trademark has become a vital tool to protect intellectual property from such kind of illegal practices prevalent in the Indian market.
Investment Opportunities: Trademark registration in India can play a vital role in attracting investment and increasing valuation of the company. Investors and potential customers usually get influenced by the trademark since it helps in building brand and establishing product and businesses in the competitive market.
Regulatory Compliances: Trademark registration enables the businesses to adhere to the legal requirements of the industry. Trademarks registration in India gives the legal opportunity to businesses to sign any contract, acquire license, and crack other business deal easily.
Complete Process Of Online Trademark Registration In India
Here is the step-wise process of trademark registration in India
Search an unusual brand name: In the vey first step, you will have to find a catchy name of the brand. While searching for the brand name, make it sure that you are not picking any name that is already in use by any other business.
Draft a Trademark application: You need to have some documents that are submitted along with the trademark application for online trademark registration. Here is the list of essential documents:
· In case of a company, Identity and address proof of directors along with the address proof of the company
· In case of proprietorship, Any ID proof of the owner
· A soft copy of the proposed trademark
· Signed Power of attorney by the applicant
Application Of Brand Name Recognition: In the process of online trademark registration in India, you can easily submit your application by e-filing system. After submitting your application on the government website, you will immediately get an acknowledgment. After this process, you can use trademark symbol in your brand’s name.
Reviewing the brand name application: After submitting the application for brand name recognition, your application will be reviewed by the concerned government officer. They check whether brand name application follows the existing trademark laws for trademark registration in India. Hence, your brand name must be unique and should not be matched with any other existing brand name of the company.
Publication In The Indian Trade Mark Journal: Your brand name will be published in the Indian trademark journal after examination. There will not any objection in the next four months after publication. If there is no opposition, then the Registrar of Trademark will further the process of online trademark registration.
Objection: If there is any objection within 4 months from the date of the publication, then you will be issued a copy of the objection by the Registrar of Trademarks. You will be given 2 months to reply to the objection made by the third party. The trademark application will be rejected if you do not reply to the objection notice. However, if you file a reply to the objection made by the third party with proper evidence in the process of online trademark registration, then the Registrar of Trademarks will thoroughly examine reply filed by you and the objection made by the third party and decide accordingly.
Issuance Of Trademark Certificate: If no objection is made by any third party within the stipulated time or in case, if objection is raised by the third party and the Registrar of Trademarks decides the matter in your favour after hearing both the sides, then a certificate of trademark will be issued in the name of your business.
Benefits of Trademark Registration in India
Below are the some of the benefits of the trademark registration in India:
Absolute Rights: You will have exclusive right over trademark issued to you. If any other business is using the identical trademark issued to you, then you can file a suit in a court of law against that particular party. Hence, it provides you legal remedy in case of violation of your sole right over the brand by any other party.
Increase Faith: Trademark Registration in India tells about the quality of the service or goods. It enhances the confidence of the existing and potential consumers in the brand name. A Registered trademark not only expands the market of the brand but also attracts potential investors and partners, thereby increasing the revenue of the company.
Provide distinctiveness to the brand: A Registered trademark will help customers to find your goods and services easily. Not only does this effectively distinguish your service or product from the competitive brands of your business, but Trademark Registration in India also works for brand building. And of course this is why your trademark is a great thing, it embodies the mission and vision of your company.
Identity To The Product Quality: A trademark registration is live evidence of characteristics of your goods and services as valuable, quality-oriented. This is because the quality of a product or service is associated with its registered trademark. Trademark Registration in India also acts to draw in fresh clients that would otherwise mistake a product or service recognition, for quality. Trademark is an intangible intellectual property that a company registers. A trademark is a legally recognized right that can be purchased, sold, transferred pledged or economically contracted out just like any other asset.
Conclusion: For legal protection of business, intellectual properties and brand identity, trademark registration in India is paramount. At regulating level, registering a trademark offers you shield in the legal sense from being used illegally by other businesses. Registered trademark fosters exclusive rights that prevent opposing businesses from using identical marks that may confuse customers and affect your image. Through the process of trademark registration in India, you can build your brand credibility and enable consumers to identify your products as beneficial, valuable.
When it comes to trademark registration process, an online service is an excellent solution. These services ease the application process, and reduce the burden on you. Now, you can easily receive assistance for your trademark registration by our excellent and experienced team of Lawgical India providing trademark registration service in India. We will support your brand with professional services throughout the trademark registration process.