A Trademark is essential in promoting goods and provides facts regarding product quality. It allows a company to obtain individual rights to utilize, distribute or assign a mark through Trademark Registration. We have a competitive business and company owners market in India, where numerous new brands/products emerge daily. Here, protecting your brand becomes necessary from fraudsters for taking advantage of your name or brand. In this blog, let’s discuss the importance of online Trademark Registration in India.
What is a Trademark?
Trademark is known for “intellectual property,” which is used on a brand or logo, name, word, phrase, symbol, design, image, or even a combination of these elements to distinguish your product from your competitors.
What is Trademark Registration?
Trademark Registration is a legal strategy under the Trade Marks Act 1999. Trademark registration in India will allow the owner to utilize it for its products or services to protect its brand or logo by restricting others from using it. By trademark registration, you also get ownership of the logo/brand. Trademark registration would provide a legal privilege to commence an action against the third party in case of trademark infringement.
Trademark Registration Procedure:
An online Trademark Registration of the brand name is relatively easy. A few simple steps, as explained below, would give you the much-needed legal protection for your trademark registration in India.
Step 1: Trademark Search
A trademark search aids you in knowing if there are similar trademarks available and gives you an appropriate sight of where your brand stands. Sometimes, it also gives you a warning of trademark litigation.
Step 2: Fill out the Trademark Application
Another step is applying for a trademark at the Trademark Registry India. After choosing the appropriate name for your brand or logo, you can register the same. Once you apply for online trademark registration, an official receipt will issue for future consideration.
Step 3: Examination
After applying for a trademark application, it examines by the examiner for any differences. The examiner might accept the trademark in India conditionally or oppose it. Usually, the examination might take around 12-18 months. If it unconditionally agrees, the brand gets published in the Trademark Journal, or not then the objections will state in the examination report. They would give a month to fulfil the requirements or respond to the complaints. Once such a response is accepted, the trademark publishes in the Trademark Journal. If the response is not accepted, then there is a hearing in which the examiner feels that the trademark must allow for registration. Then, it proceeds for publication in the Trademark Journal.
Step 4: Publication
This step contains the procedure of online trademark registration in India so that anyone who objects to registering the trademark can oppose the same. Suppose there is no opposition after 3-4 months from publication, the trademark proceeds for registration. If there is opposition, the Registrar gives a fair hearing and decisions.
Step 5: Registration Certificate
Once the application proceeds for online trademark registration in India, a registration certificate is issued, followed by publication in the Trademark Journal under the seal of the Trademark Office.
Step 6: Renewal
We can renew our trademark in India after every 10 years. Hence, we can protect our logo or brand name registration perpetually.
Documents required for Trademark Registration in India
You must provide the following details for trademark registration.
- Applicant’s name,
- Business Type,
- Business objectives,
- Brand/logo/slogan name,
- Registration address,
- Signed Form-48,
- Signatory’s Identification proof,
- Signatory’s Address proof,
- Business verification (depends on the type of business),
- Udyog Aadhar/MSME registration credential (optional).
Importance of Trademark Registration
- Valuable Assets- A registered trademark in India may benefit your company. These assets keep on appreciating over time. As your company grows over time, the trademarks’ value gets automatically scaled up. So, if your company grows, your trademark also increases in value.
- Protection of your Brand- A registered trademark in India establishes ownership over the brand, name or logo. The registered trademark proves that the product belongs to you, and you have the exclusive rights to use, sell, and revise the brand or goods in any manner you want. It protects your brand from any unauthorized use by a third party.
- Provides Individualism to Brand- A distinctive brand must register for every company to differentiate your brand from others. Hence, a registered trademark in India gives a unique identity to your brand.
- Easy Communication tool- Trademarks are functional and easy to communicate. They speak for themselves. A registered trademark can easily identify the brand your product belongs to.
- The trademark is forever- Trademarks, once registered, can last for a long. The trademark registered by any company remains with them forever. You shall renew the trademark registration after every 10 years. However, the identity given by it to the brand remains forever.
Conclusion
Trademark in India offers a right to the owner and distinguishes the product from other businesses’ products. It proves an intangible asset for the owner and protects the brand for an extended period of time. The trademark in India provides rights to the proprietor to use such words, logos, and slogans. In a market like India, a brand must protect itself from illegitimacy. Hence, not out of compulsion but out of necessity, it is essential to have an online trademark registration in India. The experts from Lawgical India will assist you in getting trademark registration for your company.
