To understand Trademark registration, let’s take this hypothetical example in which you are starting a new brand. Building a brand involves a significant amount of time and effort. The brand of a company holds the potential for growth, profitability, and future prospects of its business.
Just imagine what will happen if someone tries to steal your business identity, brand name, logo, and everything associated with your business and tries to utilize it for their own business profits, what are you gonna do? All your fruits of labor will go in vain. Do you want that to happen?
Therefore, it is essential to ensure that you have sole ownership of your business logo, punchlines, packaging items, sound, fragrance, color combinations, and everything else you use for your brand promotion by having a trademark that gives your brand a particular personality.
What is a Trademark?
A trademark is a distinctive identity of an organization and its related products and services with the objective of distinguishing it from its competitors in the market. A registered trademark is your company’s intellectual property/intangible asset. It safeguards your investment in building client trust and loyalty.
It is an intellectual property that consists of a recognized symbol or design used to identify the products or services of a particular company to distinguish it from the competitors.
The Trademark registration provides a unique identity that gives it the ability to sue those who try to steal or use your registered trademark and bans others from using it for their business gains.
In India, you can register a trademark under the Trademark Act, 1999. It helps in establishing exclusive ownership rights and prohibits other businesses from using your registered trademark, ultimately benefiting the business owners.
Once the trademark is registered, the “TM” symbol can be used with the trademark applicant and the brand.
Registered trademarks are valid for ten years from the date of filing. The trademark owner can submit for renewal of the trademark to extend its protection for a longer period of time before its validity expires.
Benefits of Trademark Registrations
Trademark registration is highly significant and crucial from a business perspective for the below-mentioned reasons:
- A trademark reflects your distinctive business identity which in itself serves as a valuable asset for your business.
- It provides legal protection and safeguards the brand identity of your company.
- A trademark prohibits unlawful use of your brand.
- Serves in promoting your brand among the customers
- It helps in developing consumer trust and loyalty.
What Can You Register as a Trademark?
There are many components that you usually use in your business for promoting your brand effectively to the consumers. You must evaluate these individual components to find out which one would effectively connect within the customers to establish itself as a brand. You can choose from the below-mentioned components to choose the best for your business.
- Business Name
The most common way to register a trademark is based upon the company name. Ex- Bajaj
- Product Name
Registering a Trademark based on a particular product is also utilized widely. Ex-Apple uses its popular product iPod is as a trademark.
- Person’s Name/Surname
If are a very famous personality in society, you can try using it as your trademark. Ex- Shah Rukh Khan has registered his name as a trademark.
A business can even use the abbreviation of its name for a trademark. Ex- BMW
2# LOGO OR SYMBOL
Using a logo or symbol should be trademarked since it aesthetically reflects your brand. A logo is easier to remember than a name for your consumers. The swoosh symbol of Nike is an excellent example of a logo trademark. Ex- Nike’s ‘swoosh’ is an excellent example of a logo trademark.
You may even trademark a slogan for your brand. A punchline informs people about what your company stands for. For example, KFC uses its punchline, ‘finger-lickin’ good,’ as their trademark.
3# Other Trademark-able Items
- Color Mark
A color or a combination of colors can also be used as a trademark. Ex- Cadbury owns the royal blue color as their trademark.
- Sound Mark
You can also make use of distinctive musical notes or sound for trademark. Ex- Nokia has registered its theme song as a trademark.
- Scent Mark
Scents can also be utilized as trademarks.
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Classifications of Trademarks
There are 45 trademark classes, and all goods and services are classified inside them. You must exercise extreme caution while selecting classes since they will affect the validity of your trademark for your company’s products/services.
If your company sells a variety of items and services that fit into various classifications, you must file different trademarks for each class.
The most common trademark classes in India are as follows:-
- Class 9: Computer software and electronics
- Class 25: Apparel
- Class 35: Business management and advertising
- Class 41: Education and entertainment
Objections To A Trademark
In rare situations, the trademark examiner may identify flaws or challenges with your trademark’s registration. These concerns can include the submission of
- Incorrect name or details
- An inaccurate trademark form
- Inadequate information on products or services
- The use of misleading or offensive terminology
- Use of an identical or similar trademark
When an objection is submitted, the status on the register displays ‘Objected’. You need to submit supporting documents and necessary proof as a positive response. The application will be sent forward for registration and publication in the Trademark Journal. If it is not approved, or if the examiner requests more explanations, a trademark hearing may be arranged, and you will be notified.
If the response is positive, the application will be sent forward for registration and publication in the Trademark Journal. In case it is not approved, or if the examiner requests more explanations, a trademark hearing may be arranged, and you will be notified regarding it.
The procedure usually takes 2-4 months from the time an objection is lodged.
Opposition to A Trademark
A trademark opposition is a legal action in which one party seeks to prevent the trademark application. Third parties that believe your trademark may have an influence on them or their own trademark can submit a trademark opposition with the trademark examiner in writing, in the form of a notice. If the examiner believes the objection has validity, he or she must notify the applicant, who must respond to the Registrar within two months.
If the Registrar believes that the counter statement sufficiently answers the issue, the opposition may be dismissed. On the contrary, if the registrar can even arrange a hearing for both the parties to sort out the matter.
The Registrar will rule on the legitimacy of either the application or the opposition following the hearing. The judgment can be appealed to the Intellectual Property Appellate Board after 3 months following its publication.
Required Documents for Trademark
You need to provide the following documents:
- The name of the applicant
- Type of company
- Business objectives of the company
- Name of a brand, logo, or punchline
- Address for registration
- Signed in Form 48
- Address proof
- Proof of business (depends on the type of business)
- MSME registration certificate/Udyog Aadhar card (optional)
Online Trademark Registration by DailyFiling
DailyFiling is an online legal consultant in Jaipur offering an array of expert legal solutions to cater to your business and personal needs.
With DailyFiling online service, you need not waste your valuable time paying several visits to
the Trademark Register Office. All you need to do is hand over your responsibility to our highly professional expert team who will take away the burden off your shoulders.
We offer simple and quick online TM application procedures.
Why Choose DailyFiling?
Here are some of the reasons why you should choose us for trademark registration:
- We do an extensive search of the TM directory on your behalf.
- The highly professional expert team of Dailyfiling will advise you on which classes to apply to.
- We prepare the authorization letter for registering your trademark.
- After submitting the documents, we will keep you updated till the registration procedure is completed.
- Throughout the procedure, you will receive the greatest possible assistance.
You can feel free to ask us any further questions regarding this subject or any other legal matter such as GST Registration, Income tax, etc., we at DailyFiling would be very happy to serve you better.