“A Trade Mark is a company’s persona and identity in the marketplace”
― Kalyan C. Kankanala, Fun IP, Fundamentals of Intellectual Property
A trademark is a unique identity of a product or service of a company to stand out from the rest. In other words, trademarks are useful in identifying the goods or services of a certain company. The trademark can be in the form of designs, pictures, signs, or expressions. In short, a trademark is associated with your brand or a product. And the trademark and its rights are protected by the Trademark Act,1999.
Trademark registration in India is an intangible asset of your business. Moreover, trademark registration allows you to sue others who try to copy your trademark and prevent others from using it. The importance of a trademark is that it helps your loyal customers recognize your brand with just a logo. For example, tick signs for Nike, jumping wild cat for Puma, etc.
A trademark doesn't have a definite period of limitation like patents. A patent expires in twenty years, whereas trademark registration expires after ten years. But the trademark can be renewed again after 10 years. And as long as you keep renewing your trademark, it will remain under the protection of the Act.
Register Trademark in India
Registering a trademark is done by the Registry of Trademarks. So here are a few steps involved in registering a trademark.
Select a Trademark
Choose a unique sign or mark which will represent your company. Moreover, you need to identify the class you belong to. There are 45 classes of services and goods under which one can register a trademark. You can see the class list here.
Search your Mark
After you choose your trademark, you must check whether your chosen trademark is similar to an already registered mark. This can be done by going on the official website of the Controller General of Patents, Designs, and Trademarks.
Or, you can go for legal services for which you will have to pay some fees, but it's a better and safer option as they will help you with the whole process of trademark registration.
File an Application
You will have to fill a ™-A form. It allows you to file one application for multiple classes.
Trademark Registration Documents List
Firstly, the following details have to be provided:
• Name of the applicant
• Type of business
• Objectives of the business
• Brand/ Logo
• Trademark registration address
Secondly, the documents required are:
• Signed Form-48
• Identification proof of the owner
• Address proof of the owner
• Business proof
• Aadhar card
Trademark Registration in India with Easifyy
The Trademark registration process is a bit tricky while you register online. The registration consists of a number of steps and government follow up. Easifyy makes it easier for you by doing all the work for you. So, what are you waiting for? Register your trademark to protect your business logo legally.
Stage 1: Purchase of Plan
A user will purchase a plan from Easifyy according to the service they require. After you purchase the plan, we will jumpstart on working for trademark registration in accordance with your needs.
Stage 2: Search Mark
Secondly, you will need to provide us with what you want to trademark and the industry you operate in. it will help to know whether the mark you wish to register is available or not.
Once a trademark has been decided and finalized, we'll move to the second step.
Stage 3: Selection of Class and Documentation
The next step is that you need to select the class for your business. Now, this is not something to be worried about. Our expert consultants will help you select the right classes for you and upload the necessary documents to your dashboard.
Stage 4: Filing of Trademark Application
After the uploading of documents is done, our team will verify it and fill a trademark application form on your behalf and submit the necessary documents.
We can assure you that your application will be error-free and you will be kept updated with everything throughout the process. Now, you can begin using ™ after the application has been submitted.
Stage 5: Objection in Trademark
It might be possible that the examiner might have some queries regarding your application. So this is sent to you like a notice of trademark objection and responded to within 30 days. Hence, our experts will help and guide you in submitting responses with the required documents.
Stage 6: Trademark Registration Issued
If there's no opposition raised within a timeframe of 90 days of accepting your trademark registration, that means your application is accepted. Congratulations! You will be issued a Registration Certificate with a Trademark Registry Seal. Thus, you can use ® beside your brand name.
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Trademark Symbols
Different trademark symbols have different meanings. So you must know what the most commonly used trademark symbols are.
R Symbol
After the trademark application approval, one can use this trademark displayed with an ® symbol. It's not necessary to use the R symbol, but it's beneficial since it protects the owner with the trademark.
One can sue the third party in case of copying a trademark, and the owner has the right to recover the profits that were lost due to infringement.
Trade Mark (TM) and Service Mark (SM)
The symbol signifies that the trademark has not been registered yet as an application is pending. The symbol does not carry much significance as the authorities have not yet approved the application.
C Symbol
The © symbol refers to the owner's copyright over some creative work. The symbol is valid for a lifetime, and it includes artwork, videography, literary work, software, etc. Though the process is tricky, Easifyy is here for you to make it simplified.
Importance of Trademark Registration in India
A trademark is a unique symbol with numerous combinations of colors which represent your goods and services. Moreover, it's helpful to make sure that common names, geographical names cannot be used as a trademark.
Also, a trademark is said to be great if it's easy to use and makes your products marketable. So, trademark registration in India is important for various reasons:
Protection Legally
A trademark becomes an intangible asset and property of the owner after trademark registration, and it gives exclusive rights to the owner and protects it from being copied by others.
Once you complete trademark registration, you can use the symbol ™. Thereafter, you can use the symbol 'R' after you obtain the registration of your trademark.
Recognition of Brand
Customers generally identify products by a logo. In addition, trademark registration generates brand recognition and goodwill as well. Therefore, a brand carries forward a market value increasing new customers as well retaining loyal customers.
Asset Creation
Trademark registration acts as an intangible asset for an enterprise used for accounting and income tax filing. Trademarks carry the advantage of being sold, franchised, assigned, or commercially exploited.
One can also recognize the value associated with trademarks in the books of accounts and claim a depreciation deduction.
Goods Differentiation
Registration of trademark allows distinction between goods of the company from the competitors. Moreover, trademark registration is done according to a class which means it will help in the identification of the products. And this will create a loyal community for your product.
Expansion of an Enterprise
A unique set of products creates a customer base as well as a connection between customers and products. Moreover, a trademark can be renewed after every ten years.
Recognition of Trademark
Trademark registration in India has 10 years of validity from the date of applying. But, you can renew your trademark after every ten years. And if you wish to expand your business internationally, your trademark registration in India acts as a base for obtaining registrations outside India.
Conclusion
Trademark registration becomes necessary when you want to connect with the customers. Easifyy provides multiple legal services to help you with registration, legal services, tax filings, etc. We are a one-stop destination for providing affordable services with our team of experts.