Facts about Trademarks

What is a Trademark?

A Trademark is a mark that uniquely represents a business or the product. It has the capability of identifying and distinguishing each product. By receiving the trademark registration, one gets exclusive rights & can prevent others from exploiting.

What do Trademarks do?

A trademark will help to protect certain aspects of business and distinguish the company and products from those of other merchandise.

Trademarks can be availed for below things:

  • Name of the company or product
  • Words or Taglines that represents the company
  • Logo or symbol that represents the business
  • Some Specific Colors & Sounds of brand

Types of Trademarks

  • Product Marks
  • Service Marks
  • Word Marks
  • Device Marks
  • Certificate Trademarks
  • Collective Trademarks
  • Series Trademarks
  • Color Trademarks
  • Sound Trademarks
  • Shape Trademarks
  • Smell Trademarks

Importance of Trademark

Getting this identification can give confirmation to the customers that they can depend on a quality standard while buying the products or if requesting any services from a particular company. Trademarks have a validity of 10 years, also they can be renewed when & where required. The trademark on product/ service has stronger consequences against infringers and a better claim to ownership.

Documents Required for Trademark Registration

  • Registration address of the applicant
  • Signed Form-48
  • Identification proof of the signatory
  • Address proof of the signatory
  • Business proof (depends on the type of business)
  • MSME registration certificate (optional)

Procedure to get the Trademark Registration?

  1. Trademark Search: Firstly, the trademark search has to be conducted. The search has been conducted over the various combinations of similar marks on intellectual property websites.
  2. Application Preparation: Secondly, an application is prepared by a Trademark specific lawyer. Signature of Trademark applicants along with Form-48 & TM -A is to be prepared.
  3. Apply for Vienna Codification: The ITMR assigns a Vienna code to the trademark if it contains symbols or logos.
  4. Examination of Application by Government: Once the application is filed, the government processes the application, the status can also be checked periodically. In case of any objection, satisfactory answers can be submitted within the limit of 30 days.
  5. Publication in Indian Trademark Journals: The specified trademark will be published in the journal so that if the public has any objections, then the same can be raised within the 4 months.
  6. Receive Trademark Registration Certificate: FinallyA trademark registration certificate will be issued if there are no opposition from any third parties. Once a registration certificate is issued, the trademark is considered the owner’s registered trademark.

Benefits of Trademark Registration in India

On the other side from being unique, a Trademark will be easy to use, making the products more marketable and creating brand recognition for products.

Legal protection: Trademarks are categorized as intellectual property and thus protects from infringement. If there is any unauthorized use of a registered trademark, one can seek relief for infringement in an appropriate way from the concerned country court.

Product differentiation: Trademark registrations are unique to the goods or services they represent which will enable them to differentiate products against the products of competence & thus creating a strong customer base for the product.

Brand recognition: Trademark registration acts as brand recognition, the brand is recognized as well as carries a market value over time. Brand recognition welcomes new customers while retaining customers.

More Business valuation and goodwill: Trademarks are registered and associated with products that enhance overall business value, goodwill and net worth in the industry.

Business expansion: Trademark helps in retaining and expanding the customer base.

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