Trademark registration is important to protect the brand, it is a recognizable design, expression, or sign which identifies the service or product of a particular source. The following can be the trademark owner:
- Business organization, or
- Any legal entity
A trademark may be located on the package, a label, or on the product itself, trademark refers to a brand or logo. In the case of corporate identity, the trademark often displays on the building of the company. Registration of a trademark is very important especially for a company or for startups. The company’s name, signature, or logo should be unique and different from the rest. Trademark registration is a legal process provided under the Trademark Act, 1999. Trademark registration provides exclusive rights to the owner of the trademark. The applicant can go for the trademark registration online.
Trademark registration process
The trademark registration process is given below:
Before starting up the process the entrepreneur or a trademark professional must conduct a trademark search of the trademark database. The Search will provide the information about the similar trademark which is already registered. By visiting the Trademark Registrar Website the Search can be conducted in a more reliable way.
After the trademark search the trademark registration application can be filed with the trademark registrar and the application must be made in a proper and prescribed manner along with the fee for trademark registration. The trademark application can be filed with the trademark registrar office have jurisdiction over the state or online.
Trademark application allotment
A trademark application allotment number is provided within one or two days after filing the trademark application with the registrar. The application can also be tracked online through the Online Trademark Search Facility. The owner of the trademark can affix (™) trademark symbol next to the logo after obtaining the trademark application allotment number.
After filing the trademark registration application the trademark registrar will apply the Vienna classification. The trademark application status reflects as sent for Vienna classification.
After completing the process of Vienna Classification the application of trademark registration will be allowed to the trademark office in the trademark registrar office. If the trademark officer objected the trademark registration application the will call the applicant for the objection and if the applicant satisfies the objection with the proper justification to the trademark officer then the trademark will be allowed for trademark journal publication.
Trademark Journal Publication
After completing the process of trademark application the trademark journal is published weekly and contains all the trademark which have been accepted by the trademark registrar.
If there is no objection to the trademark registration in any of the above steps then the trademark manuscript and trademark registration certificate will be sent to an applicant, the trademark registration is completed. After issuing the trademark registration certificate the trademark is considered to be a registered trademark of the owner.
The two symbols associated with a trademark:
- ™ (the trademark symbol), and
- ® (the registered trademark symbol)
Represent the status of a mark and its level of protection, with any common law usage of mark the trademark symbol, can be used and the and the symbol of a registered trademark is used only by the owner of a mark.
Trademark registration application must contain the following information
- Logo or brand
- Name and address of the trademark registration applicant.
- Trademark used since the date
- Description of goods and services.
- Place trademark has been registered.
- Agent/attorney detail.
Advantages of Trademark Registration
There are various advantages of the trademark registration are given below:
Trademark provides legal protection to the logo or brand, the person becomes the legal owner of the registered trademark and no one else has the right to use the registered trademark without the prior permission of the owner. Without getting the trademark registered no action can be taken against the person who has used the trademark without the prior permission of the owner.
By getting your trademark registered you receive a unique identity of your company, it becomes the property of the owner.
Creation of Assets
After getting the trademark registered it becomes the property of the owner and owner can sell it, franchise or even can allow the other party to use it on the basis of the contract. It becomes a kind of an intellectual property.
Trust or Goodwill
A registered trademark can easily make a goodwill in the eye of the customer also the people can easily trust it. It gives a uniqueness to the product or a company.
If the trademark is registered it provides the popularity of the product or company which creates a huge goodwill and increase the popularity of the company among people competitors and customers.
Cost of trademark transaction
- Form TM-A is used to file a new application. charges for physical filing INS 5000 and for e-filing INR 4500
- To file a notice of opposition to oppose the application published in a trademark journal use Form TM-O, for physical filing INR 3000 and e-filing INR 2700
- Form TM-R for renewal of registered trademark, for physical filing INR 10,000 and for e-filing INR 9000
- Charges for late renewal will be 5000 and for e-filing INR 4500
- Form TM-R for the restoration of the removed trademark. Charges for physical filing INR 10,000 and for e-filing INR 9,000 with the addition of renewal fee.
Duration of Trademark
For the duration of 10 years, the trademark can be registered and it is the discretionary power of the owner to get the trademark renew for another 10 years. Form TM-R is used for renewal of the trademark with transaction cost.
Requirements for filing a trademark application
A Trademark application has various requirements given below:
- Name and address of the applicant
- The nationality of the applicant
- If the applicant is a company:
- Certificate of incorporation, and
- PAN card is mandatory
- If the applicant is a partnership firm:
- Name of all the partners are required
- Products and service list for which the registration is required.
- Soft copy of a trademark which is to be registered
- Applicant should sign the power of attorney.