TRADEMARK REGISTRATION IN INDIA- THE NEED OF THE HOUR

A trademark is important for product advertising since it provides information about the product’s quality. A firm can obtain exclusive rights to use, distribute, or assign a trademark through this process. Trademark registration can be used to accomplish this. With a big number of new, yet identical, brands and commodities appearing regularly, India is a very competitive market for entrepreneurs and business owners. In this circumstance, protecting your brand is critical to preventing others from benefitting from your name or brand. We’ll look at the need for and value of trademarks in this blog.

WHAT IS A TRADEMARK?

A trademark is a brand or emblem that symbolizes your company in simple words.

A visible symbol, such as a word signature, name, device, label, numerals, or color combination, is used by the trademark owner to differentiate goods or services or other items of commerce from identical goods or services originating from different businesses. A trademark is a term, symbol, logo, brand name, wrapper, packaging labels, slogan, or a combination of these that manufacturers or service providers use to distinguish their products and/or services. It’s used to set the owner’s products and services apart from those of their competitors.

Coca-cola and Pepsi are two industrial trademarks that identify the source or origin of goods as well as provide a quality indicator.

The Controller General of Patents, Designs and Trademarks, Ministry of Commerce and Industry, Government of India, register trademarks in India. Trademarks are registered under the Trademark Act of 1999, which gives trademark owners the ability to sue for damages if their trademarks are infringed upon.

Any trademark that is identical or deceptively similar to an existing registered trademark or a trademark for which a registration application has been filed, however, is ineligible for registration.

WHO CAN APPLY FOR A TRADEMARK?

Anyone who claims to be the owner of a trademark, whether an individual, a company, a proprietor, or a legal entity, can apply. Within a few days, you can file your trademark application and begin using the “TM” symbol. The trademark registry’s formalities can take anything from 8 to 24 months to complete. Once your trademark has been registered and a registration certificate has been issued, you may use the ® (Registered sign) next to it. A trademark that has been registered is valid for ten years from the date of filing and can be renewed at any time.

The following are the functions of a trademark:

• It specifies the service or product as well as its origin
• It ensures the product’s quality
• It also helps in the advertisement of the product

TYPES OF TRADEMARK

• a name (including personal or surname of the applicant or predecessor in business or the signature of the person)
• Any arbitrary dictionary term or words that are not immediately descriptive of the character or quality of the goods/service alphanumeric or Letters, numbers, or a combination of the two.
• Images, symbols, monograms, 3-D forms, characters, and so on.
• Audio files with sound markings

REQUIRED DOCUMENTS FOR THE REGISTRATION OF A TRADEMARK

For the registration of a document, you need the following documents:

• Copy of a trademark or logo
• Name, residence, and nationality of the applicant, as well as the following information for the company: the place where the company was formed
• Registrable goods or services
• If you used the trademark before applying, the date on which you first used it in India.
• The applicant must sign a power of attorney.

PROCEDURE FOR REGISTERING A TRADEMARK IN INDIA

1. Trademark search

This search is used to see if your company name or logo is similar to any other trademarks that have already been registered. The trademark agent or attorney typically conducts this search with the Trademark Office to see if any comparable trademarks have previously been registered in that class. Online and offline searches are the two types of searches. It is suggested that you conduct both searches. You can move on to the following phase if you’ve established that you’re unique.

2. Create a trademark application

If your business name/logo is judged to be distinctive based on the findings of the search, the trademark attorney will create a trademark application. You must modify your trademark if someone else already has one with the same or similar name. Or if you believe the trademark is yours and you have been using it for a long period, even before other parties registered their trademarks. As soon as you complete the trademark application form, you can begin utilizing the TM symbol.

3. Trademark registration

Your application will be checked by the Trademarks Office to see if it has already been taken. A trademark objection will be filed if this is the case.

It publishes an advertisement in the Trade Marks Journal if there are no objections.

If no other firms object within the next four months, your trademark will be registered six months later.

REGISTRATION OF A TRADEMARK

The following are the steps of the registration of a trademark:

• Choose and allow a trademark agent or attorney to act on your behalf.
• A search is carried out by the trademark attorney.
• The trademark attorney will draught your trademark application based on the results of the search. You may need to alter your trademark if someone else has the same or a similar one.
• Your trademark attorney will file your trademark application with the USPTO and email you a copy of the receipt.
• The trademark attorney will provide you the Original Representation Sheet of your trademark as filed with the Trademark Office after a few days.
• The Trademark Office might take anything from 8 months to 2 years to decide whether or not to award you a trademark.
• The Trademark Office can take anywhere from 8 months to 2 years to decide whether or not to give you the trademark; if there are any objections from the trademark office or anyone else, it could take even longer. In addition, the Trademark Journal has published your trademark.

TRADEMARK REGISTRATION- THE IMPORTANCE

A trademark protects your brand and gives you the tools you need to keep others from riding on your coattails. The shape of items, their packaging, and a combination of colors are all examples of trademarks that can differentiate one person’s goods or services from those of another. Let’s look at some more reasons why trademark registration is important in India.

Assets of Significant Value

For your corporation/business, a registered trademark could be a valuable asset. These assets continue to appreciate over time. The value of your trademarks will automatically increase as your company grows. When a result, as your company grows, so does the value of your trademark.

Your Brand’s Protection

A trademark registration establishes ownership of a brand, name, or logo. The registered trademark establishes that the product is entirely yours, and that you have sole authority to use, sell, and change the brand or items in any way you see fit.

Provides a sense of exclusivity to the brand

Every firm requires a distinctive brand or logo that distinguishes it from the competition. As a result, a registered trademark offers your company a distinct identification.

A trademark is indestructible

Once a trademark is registered, it can be used indefinitely. Any trademark that a company registers is theirs forever. Yes, every ten years, the trademark registration must be renewed. The brand’s identity, on the other hand, will last forever.

CONCLUSION

Trademark registration gives the owner an exclusive right and distinguishes the product from comparable products sold by other companies. For the owner, a trademark serves as an intangible asset that protects the brand for a long time. The owner of a trademark has the exclusive right to use such phrases, logos, and slogans. It is critical for a brand to be safeguarded and safe in a market like India. As a result, having a trademark registration in India is vital not because it is required, but because it is necessary.