The trademark helps to protect the brand name and reputation of a brand. The trademark allows you to take legal action if the trademark is used by a third party without the consent of the owner. Get to know more about trademark class search India visit us here!
What is a trademark registration?
A trademark is a type of visual symbol, label, or color combination used by an individual, business entity, or legal entity. It can be found on a package, a label or a product. Most often, it is displayed in the corporate building, because it is recognized as a kind of intellectual property.
In India, trademarks are issued by the Comptroller General of Designs and Trademarks, Ministry of Commerce and Industry, Government of India. All trademarks are registered under the Trademark Act, 1999, and give the trademark owners the power to sue in the event of a breach. Once the trademark registration process is complete, the R symbol can be used.
The registration is valid for 10 years and the registered trademarks will be renewed by filing a renewal application for 10 years. Trademark Application Name – Name of the applicant or signature of the applicant. Word – A word that does not accurately describe the quality or character of a service or product.
For example, Facebook is a trademark. Numbers – Characters or alphanumeric or any combination of any kind. For example, 555 is a trademark. Images – Icons, monograms or image. For example the boat logo of the boat brand. Sound -audio can also be recorded as a trademark. Apart from these, three-dimensional labels, slogans or phrases, graphic content, etc. are other things that can be filed for a trademark.
Who can apply for a trademark?
Individuals NGOs Private companies Any person acting as the custodian of the trademark intended to be filed by an individual may file in writing in a duly registered manner. The application filed must include the trademark, goods or services, and the name and address of the person authorized by the attorney. Applications can be sent by post.
Benefits of trademark registration
- Better business opportunity A product or service offered under a registered trademark helps to build trust, quality and goodwill in the eyes of the consumer. This gives companies a unique identity compared to other vendors.
- Legal protection In the event of a breach, if a person is concerned about copying the trademark by someone else, you can sue for copying the brand, logo or slogan.
- Unique identity Consumers can recognize products or services by brand name. It acts as a unique asset of a company.
- Global filling of the trademark Trademark filed in India is also allowed to be filed abroad. Conversely it is allowed, i.e., an individual from abroad can file a trademark in India.
- Extraordinary property A trademark is a valuable asset if a company creates a name and succeeds. Filing it makes it an evasive property that is trade, distribution or commercially contracted, which benefits the individual.
- Use the registered logo Individuals or companies may use the registered logo (®) upon completion of trademark filing. The registered logo or logo is proof that the trademark is already registered and not filed by any other company or individual.
- Uniquely differentiating materials A registered trademark helps customers to quickly learn about a product or service and to be able to distinguish between different types of products as they seek to create a better identity for themselves.
Documents required for trademark registration
- Certificate of the applicant
- Pan card
- Proof of address of the applicant
- Brand name and logo
- User Confession
- Proof of DM usage Form DM-48 is a legal document that will help the attorney to file the trade on your behalf.
Trademarks are valid for 10 years and, upon expiration, must be filed for personal renewal. Updates must be filed before the respective validity expires. The TM-12 form needs to be updated. The application can be filed by the owner of the registered trademark or a person authorized by the respective owner. Filing a renewal application ensures a further 10 years of security.