Trademark is a permit that enables a company to accentuate its brand niche in the competitive industry. As per Section 2 of the Trade Marks Act, 1999, a Trademark is a Mark that distinguishes the goods and services of one company from another.
The corporate world has become a battlefield with raging competition. It isn’t easy for budding enterprises to develop a unique brand identity. The only way to make room in the customer’s mind is by designing authentic and exceptional brand logos. In legal terms, a company’s logo, name, the tagline is known as a Trademark. Trademark is a kind of intellectual property that helps a company to gain a prominent spot in the market and differentiate its products from others. However, a brand logo can only be considered valid if it is registered. A company can avail several benefits and subsidies through Trademark Registration. If you want to a Trademark Registration in India, then you must understand all the essential factors related to it.
An overview of Trademark Registration
Trademark is a permit that enables a company to accentuate its brand niche in the competitive industry. As per Section 2 of the Trade Marks Act, 1999, a Trademark is a Mark that distinguishes the goods and services of one company from another. Trademark can be anything from a symbol to a label or a logo.
Trademark Registration ensures to protect certain symbols, names, taglines, signatures, labels, and designs associated with your brand. Further, it provides a clear picture of your company to customers. The Trademark Registration in India is regulated by the Ministry of Commerce & Industry, Controller General of Patent Design and Indian Government.
Things to consider before applying for Trademark Registration
It is crucial to know that there is a wide range of Trademarks available, so a company needs to choose the appropriate class to register a Trademark according to its nature. Here is the list of various types of Trademarks in India:
- Product Mark- It is a mark on products or goods which facilitates the customers to determine the tangible product with ease. An applicant must apply under Trademark Class 1-34 for Product Mark Registration.
- Service Mark– Apart from the products, there is a separate category to register services. It enables the customers to recognize a particular service from its Service Mark. Trademark Registration of services falls into Class 35-45.
- Collective Mark– Any institute or company listed under Section 8 of Companies Act, 2013 requires Collective Mark. This Mark depicts the distinctive features of a company’s product and services on a collective basis. For instance, the companies which are using the “Reliance Group Logo” are representative of “Reliance Group”.
- Certification Mark– As the name suggests, this Mark certifies the origin, quality, materials and other aspects of a product or service. It allows customers to identify those products that meet a prescribed standard. Certification Mark is usually associated with packed food, toys, phones, etc. It guarantees that the product has passed several standard tests and sustains good quality.
- Sound Mark– This Trademark assures the safety of a product, brand or service in terms of sound. Thus, it enables the audience to recognize a specific product or service through the concerned sound such as IPL, Airtel, etc.
- Pattern Mark– Companies that deal with some designs or patterns to discriminate their brand must attain a Pattern, Mark. Besides, the owner must prove the uniqueness of its pattern to register under this Trademark. Some of the popular brands using this Mark are Coca Cola, Puma, etc. as they follow a particular design in their products.
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What are the advantages of Trademark Registration?
Companies can reap many benefits by online Trademark Registration:
- Enlarge brand value– Brand promotion is crucial at an early stage of a business. A remarkable brand is often accompanied by Trademark Registration which demonstrates its reliability and increases the goodwill of a company.
- Differentiates your product- Trademark gives a unique identity to a company’s goods and services. A brand logo conveys the quality, vision and other attributes of your organization to the customers.
- Draws competent human resources– Big brands attract more young talent. When a company is certified with Trademark Registration, it creates a positive picture of the firm. Thus, it drives skilled human resources. It further eases the recruitment and other related exercises.
- Legal protection against infringement– Trademark Registration safeguards your brand as no competitor can utilize a registered logo. However, if a company/individual does a deceptive use of a brand logo without the owner’s consent, then the owner can take legal protection for the same.
Step by Step procedure to register a Trademark in India
Follow the steps given below to register Trademark for your brand:
Step 1- Look for a unique logo
The first thing which you need to do for online Trademark Registration is to search for a unique logo or name. Ensure that the logo has not been used previously by any other company and there should be no prior registration for the same. Also, your company’s logo must be relevant to your business niche and do not mislead the customers about the brand.
Step 2- Draft Trademark Application
Once you finalize a logo or name for your company, it’s time to prepare a Trademark Application that costs around INR3500. Affix the essential documents along with your application, including:
- A copy of your logo (9X5cm in size)
- Signed Form TM-48
- Aadhaar Card of Directors
- ID proof of Directors
- Incorporation Certificate/Partnership Deed
- Address proof of all Directors
Step 3- File the Registration Application
There are two methods of applying for Trademark Registration; online or manual. In manual Registration, an applicant has to visit at a Trademark Registrar Office and submit his Trademark Application with the necessary documents. In such a case, the applicant receives an acknowledgment receipt within 15-20 days whereas, in an online Trademark Registration, an applicant instantly receives an acknowledgment receipt after submitting his application.
Step 4- Evaluation of Application
After applying, the governed authority conducts the examination process. Authority checks whether the application conforms to the law or not. If any discrepancy arises in the Form, Authority shall not proceed further.
Step 5- Publication of approved Trademark
When the Authority approves your Application, it will then get published into the Trademark Journals. If nobody raises an objection against the authenticity of a Trademark within three months of its publication, then the brand logo gets universal acceptance with the issuance of Trademark Certification.
Step 6- Issue of Trademark Certificate
Subsequent to a series of trials and tribulations, Registrar accepts the application and finally issues the Trademark Certificate.
The validity of a Registered Trademark
A Registered Trademark is valid for a period of 10 years from the date of its filing, but it can be renewed from time to time.
Conclusion
Trademark in India is an efficient tool to gain a competitive edge over other businesses of similar nature. Apart from giving a unique identity, a Trademark provides numerous benefits. A Company must carefully analyze the type of Trademark that will be a perfect fit before applying for Trademark Registration in India.
In case you need any legal assistance in Trademark Registration, Swarit Advisors is a one-stop service provider for you.
Source: https://swaritadvisors.com/learning/top-things-to-know-before-registering-a-trademark-in-india
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