Because what Consumes Your Business, Controls the Market! Certify your trademark to protect the distinct identities anywhere in India With Legal Dekho experts!
Overview of Trademark Registration in India
Is it imaginable to you, someone else getting the benefits of your sweat and hard work? A top brand name doesn’t develop in one day; instead, it takes years of continuous efforts and sweat. Nevertheless, once you have fortunately marked your brand name in the minds of people, its advantages can be realized by you and your period to come. Thus, it is of utmost concern to protect the uniqueness of your merchandise or service from gaining an ambitious advantage in the market through trademark registration.
What is a Trademark?
Any ‘word’, ‘phrase’, ‘symbol’, and ‘design’ capable of identifying and characterizing the source of the goods of one party from those of others are known as a trademark. Trademark Act, 1999 permits you to register a trademark/Brand in India. It creates a way for exclusive ownership rights and prohibits all others from its usage and thereby benefiting the owner of the registered mark. In simple words, trademarks are distinctive, unique signs that are used to identify goods or services from a specific company. They can be designs, pictures, symbols or even expressions. It is important because it differentiates your products from the competitions. It can be associated with your brand or product.
Unlike patents, trademark does not have a definite limitation period. Where a patent expires in 20 years, a trademark registration expires after ten years of its record, but unlike patents, a trademark can be renewed again for another ten years. This process can be indefinitely done, meaning as long as you keep repeating the trademark it will not expire and will continue to be under the protection of the Act.
Application for logo registration can be made fast, immediate and online. You can start using a “TM” symbol as soon as the application is made. However, the TM registration process takes up to 4-6 months. It includes various methods for validating original ownership of the mark. Trademark registration in India is going through many innovative changes. Consider this – one can now avail trademark for Unconventional Marks through which even a distinct sound can currently be registered as a trademark in India.
Benefits of Trademark Registration in India
Trademark allows you and a third party to distinguish your commodities and services from those pertaining to your competitor. However, it would be helpful to hold in mind that geographical names, familiar names, fair trade words and common compression cannot be registered as a trademark. Apart from existing unique, a Trademark should be simple to use, make your goods marketable and generate brand recognition for your products.
Trademarks are categorised as IPR and are accordingly protected from invasion. Trademark registration also presents an independent claim to the use of the trademark in accordance to the “Class” of goods or service it offers. Once you have applied and filled the trademark application, the Symbol “TM” can be obtain with your products. In the case of unauthorised use of a registered trademark, you can seek relief for violation in proper and adequate courts in the country.
Trademark will enable differentiation of your product as upon the products of your competitors. Also, since trademark registration will be confirmed for the entire class of goods or services so described, it will help in precisely identifying your products. Customers uniquely distinguish products carrying different trademark, thus forming a customer base for your product.
Customers correlate a product’s appearance, quality, features, and hence on with the company producing such products. They identify the product usually by the logo, which would be a registered trademark. Trademark registration aids brand identification for your goods and services. It also builds goodwill associated with the brand.
Creation of an Asset:
Trademark registration constitutes an asset for a business venture. Trademark is recognised as an indefinite asset for accounting and pay tax purposes. Trademarks are intellectual property and carry a value compared with the products they describe. Trademarks can be sold, franchised, distributed or commercially utilised in any other habit. You can understand the value or cost associated with trademarks in the books of accounts, demand a deduction for depreciation and verify income from the same.
Business Valuation and Goodwill:
Trademarks registered and connected with your products, magnify your overall business assessment, goodwill and net worth in the industry. Your trademark describes your quality assurance, distinct features of your products and your organisation’s purpose.
Trademark registration in India is confirmed for ten years from the date of filing of an application. Still, the trademark can be further renewed. In a case wherever you want to use your trademark outside India or increase your business outside India, you need support or trademark registration in the particular countries. In such cases, your trademark registration and business in India functions as a base to obtain certifications outside India.
A trademark establishes a connection between the customers and the products of an enterprise. With efficient or unique products, you can create a customer base. Your trademark helps you in retaining and expanding the customer base. Trademark Registration of your trademark confers exclusive rights of use for 10 years and protects your business revenues. Business enterprises can leverage the benefits of a customer base by introducing new products and expanding their business.
Requirements for Registering a Trademark
- Details of the brand name, logo, symbol or slogan for which trademark registration is required.
- Date of first use of the trademark.
- Details of the owner of the trademark like name and address. In case trademark is sought on company name than the Name of all the members.
- An authorization form named TM-48.
- Applicable fees for Trademark registration.
- MSME / Start-up Recognition
- Partnership firm, body corporates (other than an individual) can provide a certificate of registration under MSME or Start-up India scheme to avail 50% rebate on the Government fee
How to Register a Trademark – Trademark Registry
The trademark registry was initiated in 1940 then came the ‘Trademark Act’ which was passed in 1999. As a functioning body, the trademark registry performs all the rules and regulation of the trademark law in India. The Head Office of the trademark registry is in Mumbai, and it has branch offices in Delhi, Ahmedabad, Chennai and Kolkata. Meanwhile recording a trademark, it is registered under the Trademark Act, 1999 and then the registry of trademarks discloses and registers it. In this process, the registry will check whether the registering mark meets all the conditions of the Act before recording it.