Trademark Registration
A business runs on its name. The name of a company holds the entire reputation and goodwill of a firm or organization. Your business name or trademark is an asset of your company. A trademark is an intellectual property, an intangible asset with great value for any business. A trademark can be a name, sign, symbol, or combination. A trademark helps your customer recognize you and your products in the marketplace. It's a vital asset that will differentiate you from your competitors in the market. A trademark protects your brand and helps you guard against counterfeiting and fraud.
Obtaining a trademark for your business is very important; this will help your business be recognized quickly and help you secure your brand identification from unauthorized use and theft. You become the owner of your trademark and establish rights in it the moment you start using it with your goods and services. However, those rights are limited; you must apply for trademark registration for more substantial rights. Therefore, a registered trademark provides broader rights than an unregistered one. In this article, we'll discuss the process involved in online trademark registration and why registering a business name is essential.
Process of trademark registration online
Trademark Registration is an intellectual property registration which is done under India's trademark act. You must register a trademark if you want complete intellectual property ownership. It will give you exclusive rights to use your brand nationwide. It takes an average time of 12 months or one year to register a trademark, but once it's done, the trademark can be put next to the logo or name of your business to tell everyone that it's now registered.
Before explaining the trademark registration process online, let's discuss what can be registered as a trademark. A business has many aspects for which you need to decide what you want to be used as a trademark for your business. Here's a list of different parts of the companies that can be registered as a trademark-
Name:
You can use the name of your product, business, or yourself as a trademark and get it registered. The name of your product can be your trademark. You can take the example of Apple's iPhone, which is a product name and a trademark in itself. Most businesses also use their company or organization's name as a trademark. It is the most straightforward route that only requires a little brainstorming by most companies. You can also get your name or surname trademarked and registered. For example, the Bollywood celebrity Shah Rukh Khan has trademarked his name in India.
Symbols and Logos:
Logos are the visual representation of your brand; a customer catches and remembers a logo faster than a name. So, it is always advised to get your logo trademarked and registered.
Tagline:
A tagline is a short sentence usually showcasing what your business does or aims, talking about your plans. You can get your motto trademarked as well. For example, McDonald's has its tagline 'I love it trademarked.
Others:
Apart from the things mentioned above, there are other things that you can trademark. For example, Cadbury has trademarked their royal blue colour. Musical notes and sounds can also be trademarked. Businesses also trademark their scents. High-profile luxury brands get the smell of their perfumes trademarked.
You can get your trademark registered online in 3 simple steps. However, the time it takes can be longer, and the process is complex. The steps that you need to follow to register your business name are as follows
Steps For Trademark Registration
Step 1 – Performing trademark research
First, you must decide what to register as a trademark; once it's fixed, check whether the term you wish to trademark is already registered. This can be done by checking it thoroughly in the central database. This might sound like a straightforward task, but it's not. Your name can be rejected even if it is close to another registered name. So, you must be very careful while searching and selecting the term.
Step 2 – Selection of class and documentation
Once the trademark search is done, you must choose the trademark class. There are, in total, 45 trademark classes under which the goods and services are classified. The type of your trademark determines your trademark's validity, so you must be very careful while making the class selection.
There are some popular trademark classes in India which are mentioned as follows-
Class 9: It includes computer software and electronic devices
Class 25: It includes garments and clothing
Class 35: It includes advertising
Class 41: It includes education and entertainment
The chances of competition are higher in these classes, but there is no need to worry if your trademark is unique and different.
After finalizing the trademark class, you should collect and upload the required documents.
Here is a list of documents and details required for trademark registration online
- Applicant's name
- Business Type
- Business objectives
- Brand/logo/slogan name
- Signed Form-48
- Identification proof of the signatory
- Address proof of the signatory
- Registration address
- Business proof (leans on the type of business)
- Udyog Aadhar/MSME registration certificate (optional)
Step 3 – Filing the application
You must fill out a trademark application form available online and submit it along with all the documents. This is the final step. You will receive notifications regarding the updates of your application from the trademark registry.
Since registering a business name is complex and requires acute attention to detail, it is always advised to seek professional help. Companies like Lawgical India, known to be the best in their services, can help you complete your trademark registration. Lawgical India is one of the best companies. It has a team of experienced professionals with extensive knowledge and can assure your registration with accuracy and ease of sitting at home.
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