Registration of trademark is not just a licence but a requirement in today’s professional life. Registration of trademark is not compulsory. However registered trademarks have additional benefits as compared to unregistered trademarks. Registration of trademark allows the owner of the trademark to file infringement suits for violation of his rights. Trademark may be a unique mark or sign that represents one particular business. It distinguishes one company from another company and builds credibility among customers.
What is Trademark?
Trademark is any mark, symbol, logo, name, figure, letter, word used by an individual or company so as to spot its goods or services from others. It is a legal expression of brand name. There are two basic features of trademark one is it must be distinctive and the other is that the same must be utilized in commerce. The Trademark Act, 1999 and the Trademark Rules, 2002 govern the law relating to trademarks in India.
Why it is important to register a Trademark?
The foremost advantage of registering a trademark is that it brings credibility in customers, which is extremely important for every business. Registered trademark is given a licence. In case of infringement of trademark the owner of the trademark can sue the violator. The registered trademark can be transferred but it is not possible in case of unregistered trademark, which may only be transferred with the business.
The other aid of registering trademark is that it becomes easy to advertise the product and services on registered trademark. Registering trademarks are often a boon for startups because it highlights the business within the market.
What is the meaning of different Trademark symbols?
There are three kind of symbols used in trademark registration process. The first is ‘TM’ symbol, it indicates that trademark for product is not registered and application is under process. Second is ‘SM’, this is used for services for which application for trademark registration is pending. The third and last one is ‘R’ that means trademark is registered and certificate of registration is issued by the Registrar.
Who can apply for Trademark registration?
- Any person who has authority over the trademark can apply for registration of its marks for goods and services.
- Business of such person must be within the jurisdiction of India.
- If the principal place of business is outside India, then the proprietor present in India can apply for registration.
- Company or LLP can file application for trademark registration.
How much time it takes to get registered trademark?
Registration of trademark is a lengthy process and typically it takes around 18-24 months to get registration if it is not opposed by any third party. However application number is usually granted within 2-3 days after filling an equivalent.
What documents are required for Trademark registration?
The following documents are required throughout the whole process of trademark registration:
- Personal details of applicant like name, address and nationality.
- Incorporation certificate in case of any legal entity like company or LLP.
- ID and address proof of applicant
- Copy of logo.
- Signed Form 48 by applicant.
What is the process for registration of Trademark?
The process of registering trademark includes various steps, which are elaborated below:-
Trademark search: This is often the primary step to search trademark to make sure that whether any similar trademark is registered or not. This becomes helpful to avoid any hassle in application of trademark registration. The look for an equivalent is often done on official website of govt.
Filing of application: After ensuring the search of trademark subsequent step is to file application for trademark registration. The application can be filed either offline or online mode. It is always advisable to file the process through online mode so as to save time.
Examination: After the filing process, examiner of trademarks examined the application. The examiner can also ask for any clarifications from the applicant in case of any discrepancies. The applicant has to justify the same.
Publication: After successful completion of examination, the same shall be published in the trademark journal so as to ascertain objections, if any.
Registration: If there is no objection from any third party, then usually after 3-4 months of publication, a registration certificate is issued by the trademark office. The validity of this certificate is upto 10 years. Trademark owner can renew the same after every 10 years for its due protection.
Conclusion:
A little effort of registering a trademark can help in building unique identity for any brand within the market. Trademark is a symbol of business which helps in establishing the brand value in the market. Registration of trademark helps startups to flourish their business by creating their identity. For every business it is always important to take care of its goodwill, with registration of trademark they can generate and maintain their goodwill so as to bring credibility in its customers.
-Kiranpreet Kaur
Associate at Aggarwals & Associates, S.A.S. Nagar, Mohali
