Your brand name is crucial to the identification and distinction of your products and services. It is of paramount significance that a brand’s name be safeguarded against duplication prospects. This can be achieved by registering the brand name or logo as a Trademark. Trademark is a type of intellectual property protection which ensures that other organizations or people cannot copy an existing brand’s identity. Essentially, a Trademark prevents the hijacking of a brand name. Even when not doing business, it earns you royalty. Start your business with a trademark right from the beginning and give up worries. A Trademark can be registered even before starting a business. Also, Trademark can be sold off for good money, if the registered owner wishes so.
Trademark registration implies many benefits. The greatest advantage of Trademark is that it can pronounce illegal, the usage of the registered brand name or logo of a business by an unallied entity. This will be deemed a Trademark Infringement. Names identical or similar to existing businesses that have their brand names registered, cannot be trademarked. The owner will get exclusive rights on the brand. In other words, all the rights over the mark will be reserved solely for the registered owner. The hard-earned goodwill of the business can be protected through trademarking.
One cannot register a trademark that is likely to be confusing or offensive. Trademark restricts the registration of geographical names, common names, common trade words and common abbreviations as well. Registration will also be denied if the mark contains any official words, terms, designs or pictures.
The Trademark cannot be identical or similar to an existing one. Trade Marks Registry is a database that projects all the trademarks registered so far. Identify the class under which the trademark falls and search the Trade Marks Registry to ensure the uniqueness of your mark.
Depending on the jurisdiction of the trademark, application for trademark can be filed either online via the IP India website or physically at the Trademarks Office. On confirmation of filing, an application number will be provided with which the status of registration can be tracked online.
The Trademark Authority furnishes a mandatory examination report which requires a reply from the applicant within 30 days of receiving the report. After receiving the reply, the Trademark Authority will forward the application for publication in the Indian Trademark Journal.
The registrar will publish the brand name in the Indian Trademark Journal. If there are no oppositions to the published brand name within 120 days of publishing, the brand name will be accepted.
The registrar will accept the brand name and will issue the Trademark Registration Certificate. Once registered, the trademark is valid for 10 years. It can be renewed further.
Trademark is fundamentally a mark of uniqueness. It can be a word, name, numbers, label, logo or a combination of colours.
A registered trademark is valid for 10 years from the date of filing of application. It can be renewed after 10 years.
Individuals and companies can apply for trademark.
Business activities has been classified into different classes, at the time of application applicant must carefully select the class to which its business falls and his right to stop others from using similar trademark is limited to that particular class only. Identifying the class to which the trademark belongs is to as important as ensuring the uniqueness of the proposed trademark. A trademark can be registered under 45 classes of goods and services. Classes 1-34 are for goods and classes 35-45 are for service.
Registration will be denied for existing marks, marks that are identical or similar to existing ones, confusing or offensive marks, marks that bear geographical names, common names, common trade words, common abbreviations and official words & designs.