A trademark is a recognizable sign that can be in the form of a symbol, a name, a label, numerals, image or a design that shall be used by a particular business for distinguishing its products and services from another similar kind of business or related services. In simple words, it is a “brand” or “logo” that represents your business. You can trademark anything starting from a product, a service, a company name, a pattern, a number, a device, a sound, a packaging, etc.
Trademark registration forms an integral part of any business. Trademark registration is a common practice in India. A registered trademark gives you a sense of security and individuality amongst your competitors.
In India, the trademarks are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. You need to get your Trademarks registered under the Trademark Act, 1999.
Trademark registration in India involves a set procedure. You can start using the ™ symbol when you apply for trademark registration. However, it may take up to 2 years for getting the right to use the ®symbol for your business.
Benefits of Trademark Registration in India:
- The owner gets an exclusive right to use the registered trademark.
- You will establish your own unique identity and build a brand image for yourself.
- A protection towards your hard earned goodwill that you have built over the past years.
- Getting a trademark registered gives its owners a legal protection i.e. you can sue for any damages or misuse of your brand name or trademark. Simply stating, you can stop others from using your trademarked name or symbol.
How to get Trademark registered in India?
If you are an individual, a proprietor, a company or any other legal entity you can apply for trademark registration in India.
You just need to follow few simple but important steps and pay the requisite fee for getting your trademark registered in the correct manner.
If you cannot manage to do it yourself, you need not worry. There are various trademark registration companies providing online services to help you in getting your trademark registered in a simplified and hassle-free manner.
Documents required to get a Trademark registered in India :
- Trademark or logo copy.
- Trademark Application form duly signed by the applicant.
- Document showing the date of first use of the trademark in India and by whom it was used.
- Details of Applicant like name, address, nationality, other details
- Details on type of goods or services for which trademark is filed.
- Power of Attorney stating that the trademark is being filed on your behalf.
- Board resolution is required in case of company.
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Process of Trademark registration in India :
- Trademark search : An in-depth research is done through existing trademarks. This is primarily done to ensure that your desired trademark is unique and is not similar to or used by any other business.
- Trademark Application : Once your business name is found to be unique and not used elsewhere then the trademark application is filed on your behalf by the trademark attorney. Form TM-1 needs to be filled to start the process of trademark registration. This process shall take around 2-3 working days. When the application is completed and filed, you can start using the ™ symbol.
- Trademark Registration : Your application shall be reviewed by the trademark office to check if the trademark has not been taken by someone else. If it is cleared and no objection is raised, the trademark registrar shall make an advertisement in the Trademark Journal. Further, if there comes no opposition from any other business within the next 4 months, your trademark shall be registered in around next 6 months.
The complete trademark registration process shall take around 18 to 24 months. However, if any objection is raised, the same process may take a longer duration to be completed.
Once the entire procedure is complete and your trademark gets approved and is registered with the Government, you are authorised to use the ®Symbol and protect your brand. The trademark once registered is valid for a period of 10 years from date of filing. A trademark renewal needs to done after this validity period.
Trademark is a valuable asset for any business. So, if you are running an Indian business or providing services in India, it becomes really important to get your trademark registered in India.
How will you feel if you realise that the name that you use for your business is actually being registered with some other business. So, don’t let your time and efforts that you have invested in building a reputation for yourself get wasted. Have your trademark registered to avoid any misuse of your business name.
Have you registered your trademark ? If not, what are you waiting for ? Go ahead and distinguish your brand from those of your competitors by getting your trademark registered at the right time.
Feel free to share your thoughts and opinions on the same !
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