The name and logo of a brand are distinctive in the market in which the business operates. The company must be associated with these names, designs, symbols, or signs and protected at all costs. These are referred to as "foreign trademarks" of the company because they give the businesses their unique look, feel, and sound. Food, hospitals, clothes, real estate, and many other brands have a single trademark design registration.
These trademarks contribute to the visual identity of the associated brand. Additionally, these trademarks establish the company's domestic and global presence. In addition, it provides a substantial foundation on which the business can expand while remaining connected to the roots in the nation in which it operates. However, the issue is whether or not the trademarks are applicable worldwide. In addition, you will examine the advantages of filing a trademark and the procedure.
Trademark Design Registration In India
Only the features of a pattern, configuration, shape, ornament, or combination of lines, colour, or both, applied to an object produced by an industrial process or means that appeals to the eye are considered a design. A trademark registration online can be done by the person who created it or made it to keep other people from using the same design on their products without permission.
Trademark design registration safeguards new or original designs and serves as an article's unique selling point by indicating that it distinguishes itself from competitors. Customers may occasionally purchase items for their appearance and intended use. The Trademark design registration gives the product's physical appearance legal protection.
The pattern, configuration, shape, or ornamentation that gives an item its distinctive appearance is known as Trademark design registration. However, in order to be registered, the design must be brand-new and original.
Trademark Design Applicable For Registration
To be registered under the Designs Act, a design must meet the following six requirements:
- It must be new, unique or original, not previously published or used in any country.
- It must relate to an article's shape, configuration, pattern, or ornamentation.
- Design plans, layouts, and manufacturing processes are not eligible for trademark registration online under the Act.
- Designs of an artistic nature, such as paintings, sculptures, and the like, that are not produced in bulk by industrial processes are also excluded.
- The finished product should only be appreciated visually. It means that the design must be visible on the finished product, as intended by the designer.
- Designers cannot apply for open items in the presence of closed ones because closed items are generally sold closed.
What Are the Benefits of Design Registration?
An accurate design increases an item's commercial value and marketability by making it attractive and appealing.
Design registration safeguards the image or diagrammatic representation of products or packaging, which increases the product's marketability.
The design owner can sue any individual or business for copying or imitating it if the product's design is deemed original and authentic. If necessary, the opposing party contesting the validity of the copyright must provide evidence of its validity.
Design registration is the ideal alternative for establishing the validity of a copyright. A product's design gains personality when a designer creates something original and creative for it. Its market-based uniqueness enables it to discover a place among the existing brands.
Step-by-Step Process for Trademark Registration Online
In India, a company can follow the steps listed below for trademark registration online:
Step 1: Apply Online:
Fill out Form TM – A at the Trademark Registry India. You can also apply offline by going to the Trade Marks Office. Submit the required documents in accordance with the application's requirements.
Step 2: The Examination:
The Trade Marks Act of 2016 provides written guidelines for the comprehensive trademark application examination. An examiner will be sent by the government authority to verify compliance with all of India's requirements. Within thirty days, the report will be submitted. If there are any objections to the report, the examinee will have 30 days to respond.
Step 3: After The Examination:
The response will be sent to the examiner for additional checks after the issues in the examination report have been resolved. The examiner may accept or reject the response depending on the requirements and protocols. The application will be rejected if the objection persists. The application will be sent if approved.
Step 4: Publication:
Any objections to the trademark must be made within a predetermined time during the publication process. The court will hear the opposing party and take the appropriate steps in case of arguments. If it comes down to it, the company must also find a solution to the problem. The trademark registration online moves on after the clearance.
Step 5: The RC:
After completing all examinations, the RC is issued in response to the trademark request. The trademark office signs the agreement with an official trademark registration online certificate stamp.
Is International trademark registration possible?
You have two options for filing for international trademark registration. One is by using the Madrid Protocol, and the other is by engaging a local attorney in each nation where you want rights and having that attorney apply on your behalf.
The procedures and topics discussed above may have covered all significant aspects of trademark registration online. Additionally, it is essential to point out that trademark registration is only possible through the Indian government's official website. To obtain a trademark for commercial use in another nation, you must first reach the Madrid System for further procedures. If you need assistance with doing trademark registration, you can contact Lawgical India. We have a team of professional experts to help you.