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ABOUT TRADEMARK REGISTRATION
Trademark protection is available for certain names, symbols, devices, or words that will be used in connection with a good or service. Technically, if a certain mark is associated with a service, it is called a “service mark,” but trademark is commonly used to refer to both marks associated with services and goods. The purpose behind trademarks is to allow companies and individuals to indicate the source of their goods or services and to distinguish them from others in the industry.
A trademark not only gives the trademark owner the exclusive right to use the mark, but also allows the owner to prevent others from using a similar mark that can be confusing for the general public. A trademark cannot, however, prevent another person or company from making or selling the same goods or service under a clearly different mark.
A trademark is a logo, image, symbol, word(s), letter(s) or color(s) that is used and sometimes legally registered as a representation of a company. For service industries, trademarks are often called service marks, particularly in the United States. Trademarks are often noted by way of ™, or ® if registered.
Application for logo registration can be done quickly and online. One can start using a “TM” symbol as soon as the application is made. However, TM registration process takes up to 12-15 months. It includes various processes 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 now be registered as a trademark in India.
BENEFITS/ADVANTAGE
A GREAT BUSINESS OPPORTUNITY
A product or service being sold under a registered trademark helps in building up trust, reliability, quality, and goodwill in the minds of customers. It offers you a unique identity when compared to other sellers especially when you sell it on online platforms like Amazon, Flipkart, etc
LEGAL PROTECTION
You become the legal owner of the registered trademark and no another person has the right to use your registered trademark without your prior permission. No action can be taken against a 2nd party if the trademark is not registered with the government. The registered trademark holder can take some legal action against anyone who tries to copy the trademark with any prior permission
UNIQUE IDENTITY
One of the best qualities of trademark registration is that it helps you to establish a unique identity of your company. And no other competitor can apply or use your trademark for similar goods or services.
INFRINGEMENT PROTECTION
Filing a trademark assures the trademarked object is not used unethically by any other company or Individual. But, if the trademark is used by a 3rd-party without the permission of the owner of the trademark, the owner can ask legal protection upon the act and even sue the person or the company who made a false usage of the trademark.
GUARDS THE COMMERCIAL GOODWILL
A trademark’s registered owner has a right to create, establish and protect the goodwill of his/her products or services. The owner can stop other traders from using his trademark unlawfully. One can also sue the infringer for dilution of the brand name and claim damages for any infringement.
DOCUMENTS REQUIRED
- Trademark or logo copy
- Applicant details like name, address and nationality and for company(MOA)
- Details Goods or services to register
- Date of first use of the trademark in India, if used by you prior to applying.
- Power of attorney to be signed by the applicant.
STEPS/PROCESS
a trademark registration can be easily made online. You can get the help of a registered Trademark attorney to file online without taking an effort to visit the registry office.
The Vienna Codification Process
In the trademark process, Vienna codification is a crucial step. It is an international classification which is given once you fill the application form. At this point, your application for registration will be denoted as – “Sent for Vienna codification.”
The Examination Of Trademark
After the trademark application is given for Vienna classification, the trademark will be examined by the Trademark officer in accordance with certain guidelines and procedures. The officer might accept or reject the application as per his/her discretion.
PRELIMINARY APPROVAL AND PUBLICATION, SHOW CAUSE HEARING OR REJECTION OF THE APPLICATION
The trademark association determines if the application is barred from registration either on absolute or relative grounds for refusal as prescribed in the Trade Marks Act, 1999. After this, they issue an examination report within a period of one month. Depending on the examination report the registrar of the trademark determines whether the application must be accepted, rejected or put up for ‘show cause ‘ During a ‘show cause hearing’ subject to the facts an application might be rejected, accepted or accepted with certain limitations. If the application is rejected, the applicant can appeal at the Intellectual Property Appellate.
REGISTRATION
Within the term of three months publication in the Trademarks Journal, if not opposed by a third party, the trademark will proceed for registration and the trademark authority will proceed to give a registration certificate.
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