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A trademark is a way to create a unique identity for a product or service that stands out from similar ones. A distinctive expression or identity can be a logo, slogan, photograph, word, smell, sound, colour combination or graphics. In order to protect the name or logo as your own unique identity for many years, you need to register it as a trademark. Technically, a registered trademark is an intangible asset or intellectual property of the business. It is like a protective covering for the company’s investment through its original logo or brand.
Online trademark registration in India is regulated and registered by the following organizations – Controller General of Patents, Designs and Trademarks, Government of India and Ministry of Industry and Commerce. The Trademark Act 1999 allows for the registration of trademarks. An individual or entity who attempts to copy a company’s trademark logo or brand can be sued under registration. It is against the law for anyone to use a trademark that is similar to one that has already been owned by another individual or entity. Actually, obtaining a ™ takes around three days which is far less than an ®, which takes nearly two years. If a registered trademark is nearing its expiration date, it can be re-registered or renewed for another ten years.
As a trademark, you can register sounds, words, logos, phrases, images, colours, symbols, initials, or a combination of any of them. You can use all of the aforementioned to make your business stand out from the crowd or from your competitors.
When products and services are marketed under an official trademark, they help to build customer loyalty, trust, quality, reliability, and goodwill. It provides you with a unique identity compared to other sellers, especially when you trade it on e-commerce platforms.
Your trademark cannot be used by anyone else, and if you doubt that anyone else is utilizing your brand name, logo or slogan, you can file a lawsuit against them for registering your brand name.
Brand Name aids customers in recognizing a company. In this way, registering a trademark ensures that competitors won’t be able to use it, and it remains the company’s unique asset for a very long time.
Since a trademark creates a brand name and you can succeed in using it, it is considered an invaluable asset. It can be traded and franchised for monetary benefit.
A trademark that is registered in India can be registered in other countries as well. Foreign companies or brands can also register trademarks in India.
The application can be submitted online after receiving an authorization letter and all necessary documents with the prescribed brand name registration amount. Once the application is verified, you will receive a confirmation of the application. Once you receive this, you can use the TM symbol.
This covers products that are manufactured for sale. The company will be able to mark and register the origin of products, thereby enhancing its credibility. Trademark applications made from 1 to 34 are considered to be for marking goods or products.
It marks a service and distinguishes the proprietors from the real owners of such similar services that are being provided. It falls under the trademarking class 35 to 45.
The public is asked to identify the features or attributes that are distinctive to a product or service that represents a collective of the same. In this way, individuals and groups can collectively protect their goods and services. Such entities can be either a corporation formed under Section 8 of the Companies Act or a public institution or even an association.
These details help in identifying the product’s origin, quality, material, and other specifics. The purpose of this is to provide customers with the assurance that the product has been tested and certified after going through several quality checks. Foods that come packed or even toys usually carry this type of trademark registration online.
The shape of the product is marked and protected, making it easier for consumers on the market to identify and purchase directly from the manufacturer. Nevertheless, the unique shape of the product is significant.
This type of trademark can be done for products that have a noteworthy feature that makes them stand out from their counterparts. The patterns should be unique and not match any other product’s patterns.
It is a designation for a sound that can be associated with a product or service that originates from a particular vendor, also known as audio mnemonics. It is seen either at the beginning or end of an ad, say the IPL tune.
A trademark search is conducted using the trademark(TM) director at the start of the procedure. You should carefully review the trademark logo and brand name and choose one that has not yet been registered by anyone. You can file your trademark after confirming that it is unique; in case it is not, then modify it as per the regulations.
In addition to selecting the name, it is important that you apply for trademark registration online in the correct classification of classes after choosing the name. The trademark gives you the right to sell a product or service under a particular brand name within a specific economic sector.
By drafting an authorization letter, the registered brand name or logo can be registered as per the prescribed application. Fill out the application form with the required documents.
There’s no requirement for a business logo if the trademark consists of just words or a tagline for the company. If it is the logo, it should be presented in black and white format. The logo should contain exactly the same number of words as those mentioned in the application for TM registration.
The trademark application is then submitted to the Trademark registrar by an attorney. The trademark user affidavit should be filed if an argument for the previous trademark was made in the application.
Some crucial things to know about Trademark Registration in India
Once your trademark is registered, you can start out using the ® symbol. This signifies that the trademark is filed and protected from violation as per the Trademark Regulations.
An unregistered trademark is represented by the TM symbol, and this symbol is used in the trademark company name process to indicate the existence of an unregistered trademark application.
The Service Mark or ‘SM’ symbol is used for trademark applications that are registered under class 35-45. They fall under the service industry.
TM is used as a symbol for unregistered trademarks, and this symbol indicates that a trademark application exists in the trademark registration process.
There is no guarantee as it is not upon us; the approval process completely depends on what the government decides. The uniqueness of your trademark increases its chances of approval.
As per Section 22 of the Trademarks Act, a certified trademark can be amended and also it can be improved.
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