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What is Trademark Registration?
A trademark can be characterized as the unique identity that differentiates your product or service from the competitors. The unique identity can be a logo, picture, catch-phrase, word, sound, scent or graphics. Most of the companies normally look for registration of the logo and name only. If you have designed a unique logo or formulated a distinctive identity then the only way to shield it from infringement is by registering it as a trademark. A registered trademark is your company’s intangible asset. It guards the company’s investment made in the logo or brand.
The Trademark Act of 1999, provides the ability to register a trademark for your property. This provides the option to sue against other people who attempt to duplicate your trademark. Likewise, nobody else can utilize a comparative trademark registered by someone else. Once the trademark is registered, the holder can add the R symbol, this has a validity for 10 years from the registration date. You can easily get a ™ within 3 days. But, to get an ®, it takes up to 2 years. In case the trademark registration is near its expiry date, you can always get it re-registered for extra ten years.
Importance of Trademark Registration
Get Your Unique Identity
Branding is essential for every business since all the clients will recognize your product or service by it. Trademark registration guarantees that contenders won’t use it and subsequently it stays as an organization’s unique element.
On the off chance that you question that your brand name is being duplicated by any other person, you can take up the issue lawfully and sue them on the off chance that you have enrolled your logo, image name or trademark.
The trademark can be an important resource in the event that your image makes a name and succeeds. It tends to be financially contracted, sold and can be used to earn royalty.
A Great Business Opportunity
If you have registered a trademark for the product & service that is being sold, it is building up credibility, trust, reliability, quality, and goodwill in the perception of customers. It provides you an edge when compared to other sellers especially when you sell it on online platforms like Amazon, Flipkart, etc.
Global Filing Of Trademark
A trademark which is registered and filed in India can likewise be documented in different nations outside India. In like manner, outsiders can also register their trademark in India.
Who can all apply for a Trademark? What can you Trademark?
Trademark registration can be done by individuals, private companies, or NGO’s. In the case of Non-Governmental Organisations, Limited Liability Partnerships or companies, the application for registration of the trademark must be in the name of the respective business.
As per the trademark rules in India, items like logo, sound, words, phrases, colours, images, symbols, initials or a combination of all these can be trademarked. In conclusion, every element that is used by companies to differentiate themselves from their competitors can be trademark registered to protect their intellectual properties.
Trademark registration process
Jumpstart Ventures can help in your trademark search by conducting a thorough search using the trademark directory. While thoroughly searching in the trademark directly, we verify that the selected logo and tagline is not yet registered under anybody else’s name. If it is found to be unique, the trademark can be registered. In case your logo or brand name is already registered by another entity, we can assist you to find ways to modify it so that your registration does not get cancelled.
Applying under the appropriate classification of classes is vital while applying for trademark registration. We will ensure you choose the right class under which you need to register. In totality, there are approximately 45 classes and each class is named by a sector. Typically, the brand name and/ or logo must be registered under a particular class. For example, Class 25 includes clothing, footwear, and headgear. Under the Trademark Registration process, goods and services are classified into 45 Classes of Trademarks.
After we select your brand name and logo that is unique and can be registered, we initiate the process of preparing the authorization letter. This provides us with the necessary permissions to drive the trademark registration on your behalf. We will assist you in filling out the form and keep updating you about the application process until the registration process is complete.
Required Documents for Trademark Registration
An approval letter that is duly signed by you permits us to petition for trademark registration for the benefit of you. Subsequent to getting the approval letter, we start with the arrangement of your documents, record the application online and furthermore pay for it. Before long, you get the affirmation of the application, and you will get the option to utilize the ™ image.
During the trademark registration process, the following are documents you need to provide:
Type of Business
Objective of Business
Identity And Business Proofs
The trademark owner or the person who is authorized by the trademark owner needs to submit their Aadhar card, driving license, passport, ration card or voter’s id as identity proof.
Using Logo With Tagline
In cases where a logo is used alongside a tagline, then it should be submitted in black and white format. The quantity of words in the logo should be the same as mentioned in the application for a trademark.
In your absence, a lawyer is legally allowed to file for the trademark application on your behalf with the Trademark registrar. In case a claim for a previous trademark was made in trademark application, a trademark user affidavit is required to be submitted.
Example of trademarks:
A classic example of a symbol trademark is the golden arch of The McDonalds. Golden arches align interstate highways to alert customers when there is a McDonalds located at the next exit. There is a requirement of the name McDonalds to be mentioned on these golden arches for a person to understand. Majority of the people, by in large, as well as their customers know that a golden arch represents McDonalds. The golden arch of McDonald’s immediates differentiates them from the rest of the fast food restaurants.
Trademarks in India are registered under the Trademark Act, 1999 which provide the trademark holder the right to sue the other party that tries to infringe on their intellectual property.However, any trademark, which is identical or quite similar to the registered trademark cannot be registered.
Different Trademark symbols
The ™ symbol is for unregistered trademarks for which the registration application has been filed. The TM symbol is thus used to signify that a trademark application exists with respect to the trademark.
The ‘SM’ or Service Mark symbol is used specifically in the service industry for service mark applications to indicate that a registration application exists. .
After registering a trademark, the applicant can immediately start using the ® symbol to communicate to the audiences that the trademark is registered and protected from infringement under the Trademark laws.