Managing And Protecting Trademark Ownership Rights

To register trademark in India, individuals and corporations have to undergo an examination conducted by the Trademark Registry, an office under the Controller General of Patents, Designs, and Trademarks (CGPDTM). The authority assesses the application submitted by these entities and ensures whether they comply with relevant laws, especially the Trademark Act 1999.

Following this, applicants have to wait for the report of the examiner who will either accept the application or raise objections, specifying which elements require alterations, infringe on which mark, and other key information. In case the mark is approved, the registry publishes the mark in a Trademark Journal which is accessible to the public and allows them to raise objections. A mark stays in the journal for four months after which it receives the official trademark registration certificate.

In this blog we discuss about the post-registration requirements of a registered trademark and how businesses can ensure its maintenance.

What is Trademark Registration Under the Trademark Rules?

According to the Trademarks Act 1999, a trademark or certification mark is a visual element, typography, or any other element that has the capability to distinguish the goods and services of one entity from another. A trademark is a graphically represented mark that also includes the packaging of a product, its distinct or unique shape, and the use of a catchy combination of colors in the course of commercial operations.

A trademark is used to link a product or a service with a brand. It is used in relation to goods of a business, printed, labeled, or advertised on their physical commodities. Similarly, a brand can also use a mark in relation to its services, creating a statement of top-notch performance and reliable work within the corporate sector.

In India, trademark registration falls under the purview of the Controller General of Patents, Designs, and Trademarks. The registry maintains a register of trademarks at its head office which includes name, address, description of users, and other details related to the registered trademark.

To apply trademark online, applicants have to adhere to certain regulations to avoid any rejection during the application process. For instance, the proposed mark must not be crafted to create confusion or deceive anyone in the market, must not hurt the religious sentiments of any section of the society, and not have any scandalous or obscene elements. Similarly, a mark cannot be a shape that is an inherent characteristic of that product. For example, a person cannot trademark the shape of a rugby ball to sell its rugby ball itself.

How to Maintain Trademark Ownerships Rights?

Once an applicant obtains a trademark registration certificate, they are required to comply with certain provisions/ parameters that will keep the trademark alive. For instance, registration holder must demonstrate regular usage of their mark in its website, advertising, product packaging or labeling, and other areas where it can be put to use. In addition, businesses are also required to acknowledge the mark through their branding and in their official communications.

• Use of symbol R: The first and foremost thing a business is supposed to do after successfully securing the mark’s registration is to start using the symbol R. The symbol TM is used when the business plans to seek trademark registration and claim over the mark. The primary purpose of using TM is to provide constructive notice to competitors or potential infringers. However, once the registry approves the mark, the business must use R to avail the benefit of legal recourse which is not available while using TM in its goods and services.
• Regular Monitoring: Continuous and regular monitoring of registered trademarks is necessary to take immediate action in case any infringement is detected. Trademark monitoring is a process where either the trademark holder or his/her trademark representative will keep a watch on any application that infringes on their mark or mark being used by a business that is deceptively similar or the same. Regular monitoring is an ongoing process that trademark owners must undertake to alert authorities as quickly as possible and deter anyone from using the same trademark.
• Timely Renewal: To continue enjoying the benefits and rights associated with your trademark, it is essential to file a timely renewal application with the concerned authorities. Generally, in most countries across the world, a trademark validity extends up to 10 years. After the conclusion of this period, the trademark owner has to file a renewal form for further extension of 10-year validity. In India, trademark holders are required to submit their renewal application at least 1 year before its trademark date of expiry. However, in case the owner fails to apply for renewal, the authority grants a six-month grace period and requires owners to pay the late fee.

Trademarking a Logo in Fashion Industry is as important as in any other sector, industry, or business. A simple yet catchy logo of a fashion or apparel business indicates its uniqueness, professionalism, and credibility within the industry. Logo registration will help such businesses communicate with their customers, foster brand loyalty, and stop any third party or competitor from infringing on the same.

What are the Advantages of Trademark Registration?

In this fast-paced and competitive business world, trademark registration plays an essential role in creating a distinct identity and ensuring the long-term success of the organization. By registering the trademark which can be anything from a melodic jingle to an eye-catching logo, businesses can avail of the following benefits:

1. Brand Differentiation

In the crowded marketplace, it is not easy to find out, identify, and recognize ventures easily. However, a bit of branding and a distinct trademark is what a business needs to seamlessly grab the attention of customers and attach it to their company’s goodwill, quality mark, and legitimacy.

2. Attract Customers

Brand registration demonstrates the seriousness of the business and its attempt to legally establish its unique mark and attract customers. Consistent use of the registered trademark in marketing and advertising campaigns builds familiarity among the customers.

A business with a registered trademark relays the message that it is reliable and maintains a certain level of quality in its goods and services. This enhances the credibility of the business and attracts potential customers.

3. Legal Protection

For any newly established business, it is not easy to penetrate the markets and capture customers. It takes years of blood and sweat, delivery of high-quality goods and services, and entrepreneurial skills to make a brand visible and reliable in the commercial world. However, all of this can be shattered into pieces in case a rival firm decides to use and sell the same name, same approach, or similar product in the market. This will not only hamper the reputation of the original brand, but also give a substantial blow to their market share, sales, and growth.

By registering the trademark around which the brand has strengthened its foothold in the market, companies can tackle the infringers anytime by taking legal actions and making them compensate for the damages caused.

4. International Expansion

Imagine a brand that endorsed itself as the best chocolate manufacturer in the market through its distinct packaging style. The style was so unique that it not only captured the attention of domestic consumers but also caught the eyes of individuals residing beyond the borders. It is this catchy trademark (unique packaging style that is also known as trade dress) that created a lasting visual representation and allowed the business to expand its operations in foreign markets.

How Trademark Registration Prevents Brand Infringement? Trademark registration offers exclusive rights to trademark owners in case any entity infringes on their mark. These rights allow businesses to take legal actions and seek remedies through injunctions, damages, or cease and desist orders. This deters any individual or corporation to release counterfeit products and infringe on the business’s mark in any other manner.

Final Thoughts

Trademark registration entails brand name registration, log registration, and registration of logo, symbol, packaging style, sound, smell, or any other element that allows businesses to create a distinct image and is specified under the Trademark Act 1999. A registered trademark generally remains valid for a period of 10 years. Although the registration is completely voluntary in nature and does not legally abide any individual or business to obtain the same, it acts as prima facie evidence and offers numerous benefits to its holders.

To initiate the registration process, an applicant has to first fill out an application form. Upon submission of the application form along with required documents and prescribed fees, applicants have to wait for a certain period until the trademark registry office examines all the particulars and verifies whether the mark complies with regulations and is valid under the law. Consult with Legal Raasta’s trademark professionals and register your trademark in an easy and hassle-free manner.