To distinguish between services or products from other same goods and services, the trademark is necessary. After hearing the word trademark the first question that arises in mind is that, what is a trademark? A trademark is a unique identity or a visual symbol. It can be a word, name, number, label, color combination, and sound, etc. A registered trademark is your business intellectual property. It acts as a protective cover of the company’s investment made in the logo or brand or symbol. Trademark is registered under the Trademark Act 1999 and gives the power to the trademark owner to sue for losses.
- Application for Trademark Registration
- Easy, Secure & Online Process
- Free Consulting for Future Query
In INDIA a trademark is listed by the Controller General of patents Designs and Trademark, Ministry of Commerce and Industry, Government of India. When the trademark registration is done, the R symbol can be applied and registration will get valid for 10 years. The registered trademark will regularly renew by filling the trademark renewal application for another 10 years. You can get a trademark within 3 days. And to get an R symbol you have to wait for 2 years.
TRADEMARK SYMBOLS ®, ©, (™) and (SM)
The symbols are the circled R®, little capital letter TM, and the little capital letter SM (). The circled R can only be used once you have federal registration. The other two symbols you can use when you know before you file a trademark application or during the application process.
NOTE- THERE IS NO LEGAL PROTECTION WHEN YOU ARE USING THE OTHER TWO SYMBOLS RATHER THAN CIRCLED R.
TM stands for trademark. It is used for the product like clothing, sunglasses, and footwear, etc. SM stands for service marks. It represents services. For example – I’ m john firm. I offer legal services. It’s a service mark.
In our culture, we use the word Trademark to refer to the trademark and services mark. The word services mark is not used very often. It is just a technical thing. But if you are offering a service the technical thing you should do is put the little capital SM after your name.
NOTE- DO NOT USE CIRCLED R UNTIL YOU GET A FEDERAL TRADEMARK REGISTRATION.
One more symbol is used that is circled C. © is stands for copyright as should first be recalled ©. C is a reserved notice concerning any work that can be copyright.
DOCUMENT REQUIRED FOR TRADEMARK REGISTRATION
- Copy of logo (optional).
- Signed form-48
- Udyog Aadhar Registration Certificate
- Incorporation certificate or partnership deed
- Identity proof of signatory
- Address proof of signatory
BENEFIT OF TRADEMARK
It has several advantages and benefits to the owner.
- Trademark registration confers an exclusive right to the use of the trademark concerning the “class” of goods or services it represents. In the case of unauthorized use of a registered trademark, you can seek relief for infringement in the appropriate court in the country.
- Trademark registrations are distinct from the goods or services they represent. Trademark will enable differentiation of your product against the product of your competitors. Also, it will help in distinctly identifying your product carrying a different trademark, thus creating a customer base for your product.
- Customer associates product performance, quality, features, and so on with the company making such products. They identify the product generally by the logo, which would be a registered trademark. It facilitates brand recognition for your good and service. It will also create goodwill associated with the brand. Thus, your brand is recognized as well as carries a market value over time. Brand recognition welcomes new customers while retaining a loyal customer.
- Trademark, is super important to a start-up. They allow you to protect your company’s name and to specify which type (classes) of goods and services your company’s trademark should be applied to a trademark are an intangible asset, and can be brought or sold or licensed.
STEPS FOR TRADEMARK REGISTRATION
- TRADEMARK SEARCH: Many entrepreneurs do not comprehend the importance of a trademark search. Having a unique brand name in mind is not a good enough reason to avoid a trademark search. Therefore, a trademark search helps you to know if there are similar trademarks available and it gives you a fair picture of where your trademark stands. Sometimes, it also gives you a fair warning of the possibility of trademark litigation. Why waste your money on time-consuming trademark litigation? When you can choose to avoid it in the first place?
- FILLING TRADEMARK APPLICATION IN INDIA: After you are sure that your chosen brand or name or logo is not listed in the trademark registry India. You can opt for registering the same. The first step is to file a trademark application form at the Trademark Office, India. The Indian trademark offices are located at Chennai, Delhi, Mumbai, and Kolkata. Now a day’s filling is mostly done online. Once the application is filed an official receipt is immediately issued for future reference. Further, you can see the trademark status of yours immediately online.
- TM EXAMINATION: After a trademark application is filed, it is examined by the examiner for any discrepancies. The examination might take around 12-18 months. The examiner might accept the trademark, conditionally, or objection. If accepted unconditionally the trademark gets published in trademark journal. If not accepted unconditionally, the condition to be fulfilled or the objection would be mentioned in the examination report and a month would be given to fulfill the condition or response to the objection.
- TM PUBLICATION: The step of publication is incorporated in the trademark registration procedure so that anyone who has the opportunity to oppose the same. If, after 3-4 months from publication there is no opposition, in the trademark proceed for registration. In case there is opposition, there is a fair hearing and decisions are given by the registrar.
- REGISTRATION CERTIFICATE: Once the application proceeds for trademark registration, following publication in the trademark journal, a registration certificate under the seal of the trademark office is issued.