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03 Feb2022
  • By Authored by CS Disha Agarwal
  • Category Business Registration
  • Views 390
In our routine life, we come across different brands. Without realizing it, we are using the brand in everything; whether we are wearing something or eating anything, almost everyone has registered their business. Trademark is a unique way of identifying the brand. Trademark is a symbol or word that the user legally registers as representing a company or product. It differentiates your product from the products of other competitors. For instance, any wristwatch enthusiast in India can identify Titan's name merely by looking at the logo — even if the brand name is not cited on the product. 

It is a type of intellectual property consisting of a recognizable sign, design, or expression which makes it unique from other products. So, if you are running any business and come up with some new ideas or outstanding work, get yourself registered before anyone steals it. A Trademark should be unique to your brand to get it recognized. If your logo is unique and recorded, the potential customers will remember your brand by that logo. Anyone can quickly identify which brand your product belongs to.

Why do trademarks matter?

A trademark helps protect the owner of the mark by securing the exclusive right to use it or allowing another to use the same in return for payment. A trademark owner can be an individual, business organisation, or legal entity.

A trademark is one of your company’s precious capital. It is a way of identification and substantially plays a significant role in building the company's public image. Trademarks carry supreme interest as the general public can recognize a brand based on trademarks in a competitive market. At the same time, they also prevent other enterprises from copying another’s brand. Trademark helps to save the brand from infringement. Brand registration in India drives the companies to abide by the standards, rules and regulations. Customers can identify brand values and offerings after being satisfied with consistency and quality. 

Need for Trademark Registration 

Trademark is registered under the Trademark Act, 1999, and whenever infringements of trademarks happen, it provides the owner of the trademark the capacity to sue for losses. Brands, when registered, act as intellectual property for the business, as they safeguard the investment of the company. The chosen trademark shall register themselves on a mandatory basis as they work as a unique symbol for the products and services they provide.

How to Register a Trademark?

It feels hurt when you see some other entrepreneurs rob your hard-earned reputation.Many times, trademark (TM) owners end up in prolonged litigation because they did not register their brand when the time was right. Hence, it is virtuous to register your mark, and the owner will have the much-needed legal protection of their brand name registration in India. The trademark registration in India process does not require much effort. It is a simple process. The following procedure is involved for the Online brand Registration:

* Step 1: Trademark Registration

Many entrepreneurs do not understand the importance of a TM search. Before applying for TM, always search your mark on the TM portal, as it gives you a fair picture of whether your mark matches the existing trademark. It helps to save your time and further gives you a forewarning of the possibility of trademark litigation. Always remember to select the unique and distinctive mark representing your company. Make sure to choose the right class for your brand among the 45 classes under Nice Classification. Classes from 1-34 are for goods, and classes from 35-45 are for service. 

* Step 2: Filing Trademark Application

After making a suitable search on the portal, make sure that your chosen brand name or logo is not listed or registered in the Trademark Registry India; you can further opt for registering the mark. The first step is filing a trademark application at the Trademark Registry India. When trademark registration online is done, an application receipt is issued immediately for future reference.

* Step 3: Examination

The next step is the examination of trademark applications by the examiner for any discrepancy. The examiner may accept the trademark absolutely, conditionally or object. It might take around 12-18 months.

If the application is unconditionally accepted, the trademark will get published in the Trademark Journal. If in case it is not accepted unconditionally, the required conditions or objections have to be fulfilled, and one month time shall be allotted to fulfil the conditions or objections.

The trademark shall be published in the Trademark Journal if such a response is accepted. If, in case, the answer is not received, one can request a hearing. If the examiner feels that the trademark shall be allowed registration in the hearing, it proceeds for publication in the Trademark Journal.

* Step 4: Publication

Notice of publication is good news for the applicant. It means the applicant is one step closer to the trademark registration. Under this step, the public will have the opportunity to challenge the pending trademark registration. The trademark proceeds for registration if there is no opposition after 3-4 months from publication. In case of resistance, there is a fair hearing, and Registrar gives a decision.

* Step 5: Registration certificate

After the trademark application, the particular brand is published in Trademark Journal, and a registration certificate is issued under the seal of the Trademark Office.

* Step 6: Renewal

Once the trademark gets registered, the same is valid for ten years. The applicant can renew the registration after every ten years from the expiry of the brand.

Benefits of trademark registration in India

There are various benefits offered by registering the product, which are as follows:

1. Legal Protection

2. Brand recognition

3. Product differentiation

4. Business valuation and goodwill

5. Creation of an asset

6. Business expansion

Parameters to keep in mind regarding Online Trademark Registration

1. A trademark brings ample benefits to the company. It is considered an intangible asset that can be franchised, traded and commercially contracted.

2. The owner of a registered trademark can have the right to sue or file a case against any third party that uses their trademark without the prior permission of the owner of the brand.

3. Though the trademark registration is voluntary, if it is registered, it benefits the owner in terms of all legal matters. It proves that the particular brand belongs to that person.

4. A registered trademark has ten years of validity. After that, the applicant may initiate the renewal process before the expiry of the registered trademark. The brand will remove the trademark if one fails to do so,

Trademark registration services in Delhi provide potential clients with the best benefits of trademark at a reasonable cost since it is a hub of various services. It is recommended to hire a consultant for trademark registration to prevent any objections from the department. 

The symbols ™ (the trademark symbol) and ® (the registered trademark symbol) is used to indicate trademarks; the initial is used in connection with an unregistered mark. TM denotes that you are claiming a right to use your brand as a trademark, although it may not yet be registered with the relevant IP office, while the latter is for use by the registered owner. This indicates that you have the legal right to use the name, symbol, or another identifier for the products or services for which you are using it. R sign establishes your trademark's legal ownership.

The brand registration process in India has gained utmost importance. Trademark often seems unnecessary and is therefore neglected. But most people are unaware of the benefits of registering their business in trademark. The brand name registration process is quite simple and easy. One can realize this in the form of phrases, symbols or marks. For a more successful business, registering your brand is a key factor, and at the same time, it will unlock a range of benefits. 

As mentioned above, it is clear how important it is to register your mark to prevent any infringement. It is a simple process and does require much effort. Hence, take steps in protecting your brand and understand the power of your brand name registration.

In conclusion, registering a trademark is crucial for brand recognition, legal protection, product differentiation, business valuation, and expansion. It is a simple yet powerful process that unlocks a range of benefits for your business.

Secure your brand's identity and protect your business. Contact us at info@manishanilgupta.com to register your trademark and gain legal protection for your valuable brand name. Don't wait for someone to steal your hard-earned reputation.

Disclaimer:The information given in this article is for general guidance to the readers. This information should not be sought as a substitute for legal opinion.

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