It is the graphic form of the word name device, or numeric code that businesses use to differentiate its products and services from those of similar products or services offered by an independent business. A trademark is a distinctive brand that is distinctive to the product or service being offered or selling or offering in comparison with similar goods or services.
A Trade Mark that has been registered is an intellectual property asset or asset of companies which can be used to safeguard the investment of the business by registration of its trademark or image.
A trademark is registered only if it is distinct from the product or service that it is providing. Trademarks registered as being similar or similar to a trademark already in use are not registered. Additionally, trademarks that mislead consumers by making them believe they are consumers through their own offensive, unique distinctive, and identical emblems which are protected and secured.
The nation of India trademarks are registered with the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Marks that are registered in India can be registered in conformity of the Trademark Act, 2016 and allows trademark owners to pursue damages if trademark violations are committed.
The benefits of trademark registration
The primary reason to register a trademark is the protection of the brand and the business by expressing the character which is the essence of business. Furthermore, a company with a good reputation could be an instant link between the consumer and the product through ensuring that they’re reliable and connected to the company for a longer duration of time.
Trade mark registration services gives credit to the person who invented the product or service. A trademark registration guarantees the quality of the product or service. The trademark registration will aid in the promotion of products and services.
What is the meaning behind the registration process for trademarks?
It’s apparent from the previous paragraphs that it’s advantageous to trademark the name of in a business. Let’s look at the advantages from trademark registration
- A Trade Mark serves as a strong shield
Every business owner to ensure that their business is protected against competitors. In the event that the brand they developed already has been already registered under a trademark owned by someone else, the company loses its reputation in the market as well as the power to prevent other companies from makes use of the trademark. Thus, safeguarding the trademark is essential to protect the trademark or company, and further aids the individual by preventing others from using the same trademarks.
- A Trade Mark may be cost-effective.
The cost for Trade Mark is one-time cost. In addition, the time and procedure to register trademarks are slowed positively. The process of registration for trademarks can take between six months and one year to finish the application to register a trademark.
In addition, if you have registered your trademark, it is in effect for the duration of 10 years. The trademark can be renewed every 10 years before the date that expires the registration.
- A Trade Mark is an asset worth having
The registration of trademarks is an essential advantage for any business or brand which adds trustworthiness to the business. This, in turn, boosts its value and also increases the value of the business. In reality, trademarks could be sold or transferred to another person, or bought. Additionally, it is possible to receive loans that are comparable in nature to tangible properties.
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Step-by-step process in this procedure
The procedure to have trademark registration is to submit the trademark application, as in addition to the examination of the publication containing the trademark or the advertisement for the trademark, as well as opposition (objections) should they be raised. These are acknowledged or mentioned after which the trademark is filed along with registration renewal every 10 years.
The process of the process of Mark Registration Services are simple however it is advised to consult with an expert trademark lawyer during the registration process to speed up the process and ensure its security.
- Find trademarks.
The applicant must be aware when selecting a trademark. There are a variety of trademarks. When you’ve chosen the trademark you want to use, it is essential to conduct a thorough search through the database of trademarks available via the Trade Marks Registry to make sure that the trademark is original and there isn’t a trademark that’s similar or identical in any way to your trademark.
The Trade Mark search can provide every kind of trademark available in the market regardless of whether legally registered or not registered. It will also reveal if the trademark sought for is a similar trademark.
- Submit an application for a trademark
The application to register the trademark may be filed in a single class or in several classes completely depending on the type of product or service the company is involved in.
The form you fill out to apply to register is the form TMA which can be filled out on the Internet via IP India’s official IP India website or physically at the Trade Marks Office which depends on the type of jurisdiction for the trademark.
A trademark application needs to be accompanied by several documents that include all information about the trademark that registration. Furthermore, if an applicant declares that they have previously used the mark prior to the trademark, an affidavit must to be provided to prove the validity of the mark and prove previous use.
- Checking your trademark’s registration to your trademark’s registration with Authorities of the nation.
After filing the trademark registration application. An exam report needs to be sent to an Examiner following a thorough examination of the application conforming to the guidelines set out by the Trade Marks Act, 2016.
The report of the authority responsible for conducting the exam could or may not include an objection list which could be either indefinite or relative. The report of the examination of the Trademark Authority Trademark Authority Trademark Authority Trademark Authority Trademark Authority Trademark Authority is made available within 30 days of an application for registration.
Response to report must be submitted within 30 days of the date of reception of the report, which sets out the argument and explains the objections which are thrown out.
- The trademark registration
The final step of the entire process is the registration. The trademark application is approved after having overcome objections as well as opposition against the trademark’s registration.
Additionally, in the event that there wasn’t a single objection to the trademark that was registered during the advertising or publication time period of 4 months or longer, it be issued an automatic confirmation of registration following the one-week EUR(tm) period. After the registration has been completed the trademark will remain for a period of 10 years following which it has to renew within a specified timeframe.