Trademark Registration

Trademarks are special unique signs that are used to identify goods or services from a certain company. They can be designs, pictures, signs or even expressions. It is important because it differentiates your products from the competitions. It can be associated with your brand or product. Trademarks are classified as intellectual property and therefore is protected from infringement. Trademarks and its rights are protected by the Trademark Act, 1999.

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NATURE OF TRADEMARK REGISTRATION

here a patent expires in 20 years a trademark registration expires after 10 years of its registration, but unlike patents, a trademark can be renewed again for another 10 years. This process can be indefinitely done, meaning as long as you keep renewing the trademark it will not expire and will continue to be under the protection of the Act.

BENEFITS OF TRADEMARKS REGISTRATION

Trademark enables you and a third party to distinguish your products and services from those belonging to your competitor. However, it would be helpful to keep in mind that geographical names, common names, common trade words and common abbreviation cannot be registered as a trademark.

Apart from being unique, a Trademark should be easy to use, make your products marketable and create brand recognition for your products. Trademark registration has several advantages and benefits to the owner:

Legal protection: Trademarks are classified as intellectual property and are therefore protected from infringement. Trademark registration also confers an exclusive right to the use of the trademark in relation to the “Class” of goods or service it represents. Once you have filed the trademark application, the Symbol “TM” can be used with your products. The symbol “R” can be put into use only after you have obtained registration of your trademark. Further, you can use the ® symbol only for the goods and/or services listed in the registration certificate.

Product differentiation: Trademark registrations are distinct to the goods or services they represent. Trademark will enable differentiation of your product as against the products of your competitors. It will help in distinctly identifying your products. Customers uniquely identify products carrying different trademark, thus creating a customer base for your product.

Brand recognition: Customers associate a product’s performance, quality, features, and so on with the company making such products. They identify the product generally by the logo, which would be a registered trademark. Trademark registration facilitates brand recognition for your goods and services. It also creates goodwill associated with the brand. Thus, your brand is recognised as well as carries a market value over time. Brand recognition welcomes new customers while retaining loyal customers.

Creation of an asset: Trademark registration creates an asset for a business enterprise. Trademark is recognised as an intangible asset for accounting and income tax purposes. Trademarks are intellectual property and carry a value associated with the products they represent.

Business valuation and goodwill: Trademarks registered and associated with your products enhance your overall business value, goodwill and net worth in the industry. Your trademark communicates your quality assurance, distinct features of your products and your organisation’s mission. Trademarks contribute to the growth of your business. They help retain loyal customers and protect the goodwill of your business.

Trademark recognition: Trademark registered in India is valid for ten years from the date of filing of an application. However, the trademark can be further renewed. In a case where you want to use your trademark outside India or expand your business outside India, you need approval or trademark registration in the respective countries. In such cases, your trademark registration and business in India acts as a base to obtain registrations outside India.

DOCUMENT REQUIRED FOR TRADEMARKS REGISTRATION

Following are the documents that you need to have for the Trademarks Registration.

Individuals & Sole Proprietorship

Copy of the logo, preferably in black & white (Optional). In case the logo is not provided, the trademark application can be filed for the word.
Signed Form-48. Form-48 is an authorisation from the applicant to a Trademark Attorney for filing the trademark application on his/her behalf.
Identity Proof of the individual or Proprietor.
Address Proof of the individual or Proprietor.

Partnership / LLP / Company

Copy of Logo (Optional)
Signed Form-48.
Udyog Aadhar Registration Certificate.
Incorporation Certificate or Partnership Deed.
Identity Proof of Signatory.
Address Proof of Signatory.

FAQs FOR TRADEMARKS

Q1. Who is eligible for trademark?

Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.

Q2. Can I do trademark registration myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

Q3. Is GST required for trademark?

GST must be used if the partnership firm has registered for it. Unless a word mark is being registered, include a logo if one is available. A trademark description is a description of a trademark-protected product or service.

Q4. Who is the owner of a trademark?

Trademark owner is the party who controls the nature and quality of the goods and services used in connection with the brand. The owner of a trademark is the person who applies the mark to goods that they produce, or uses the mark in the sale or advertising of services that they perform.

Q5. Can I trademark without a business?

You can’t register a trademark for non-business purposes. You can only trademark a brand name that you’re using in business or that you intend to use in business in the near future. You can’t register a generic or descriptive name. Your trademark name has to be distinctive or unique in some way to be approved.

Q6. What are 3 items that can be trademarked?

Non-generic words, logos, slogans, colors, smells, and sounds can all be registered with the USPTO, as long as you can demonstrate how they represent your business. Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively.

Q7. What is copyright vs trademark?

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code).

Trademarks protect the use of a company’s name and its product names, brand identity (like logos) and slogans.