Trademark registration is a way of establishing ownership and protecting the brand of a business or an entity. Early registration of trademark helps in eliminating any unnecessary legal problem that may arise in future. In this blog, we shall discuss the benefits of trademark registration, the documents required for it, and how to e-file trademark.
What are the benefits of Trademark Registration?
The following are the benefits of trademark registration:
After trademark registration, you become the legal owner of the registered trademark. As a result, no other person can use your trademark without your permission. If you have not registered the trademark, you cannot take any legal action against any other company who has used it.
A trademark helps in building a good reputation amongst the customers. With the help of trademark, customers do not face many problems while searching for your product.
The biggest benefit of registering a trademark is that the company’s name and brand are safe. And no one can else use it. In case somebody violates it and uses the company’s name, a legal procedure can be taken against them.
What are the Documents required for Trademark Registration?
The following documents are required for the registration of trademark:
Identity and Business Proof: Identity proofs, such as driving license, passport, Aadhaar Card, etc. for the trademark owner. And partnership deed or incorporation certificate or registration certificate in case of registered body or legal entity.
Logo with Tagline: A logo in black and white format (containing all the exact words mentioned in the trademark application) must be submitted. However, if the application is for a registering a word, there is no need for logo.
Form 48: Form-48 is used to authorize an Attorney to file the trademark application on the entity’s behalf.
How to Register a Trademark Online?
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The trademark registration process is not that difficult, you can easily register the trademark online. Noteworthy, the entire trademark registration process takes 15-18 months. Follow the following steps to register trademark online:
Choose your brand name! You can choose the name which aptly represents your business or brand and at the same time, is very attractive. Ensure that you choose a name which is not already taken by somebody.
Fill the trademark registration form online, i.e. Form- TM 1. The trademark registration fees are INR 3,500 which is a one-time fee. Along with the application form, submit all the required documents.
When you e-file trademark registration form, you immediately receive the acknowledgement of the application. After the reception of the acknowledgement, you can start using the (TM) symbol next to your brand name.
Then, your application will be examined—whether the same brand name is registered on somebody’s name or not.
If not, your brand logo will be published in the Indian Trade Mark Journals. If no one raises any issue regarding it within 90 days or 3 months (120 days in some cases), the brand name will be accepted.
If no one has raised any issue regarding your brand in the Indian Trade Mark Journals, your trademark will be accepted by the Registrar. A Trademark Certificate will also be issued to you.
You can now use the trademark symbol (®) next to your brand.
What is the Validity of Trademark Registration?
After your trademark is accepted, it is valid for a period of 10 years from the date of issuance of the Certificate of Trademark Registration. You can get it renewed after 10 years.
What are the Reasons to Register a Trademark?
The following are the reasons for a trademark registration online:
Legal Protection: Only registered owners can take legal action against damages caused due to trademark infringement. The protection is not given to unregistered business or entity.
Unique Identity: It provides a unique identity to your products which will help the customers in identifying your products among similar goods and services.
Goodwill: The trademark can be used to create trust and goodwill in the minds of the end users that your business is unique. Also, a registered trademark shows that you care about your company’s name and brand.
Creation of Asset: Trademark registration creates an intellectual property (intangible asset). You can sell this right or give franchisees.
What is the Difference between Trademark, Copyright, & Patent?
There is a fine difference between trademark, copyright, and patent:
Trademark: Trademark protects the identification of the brand, logo, slogans, design, etc. Its protection may extend continually.
Copyright: Copyright protects the originality of the textual work and artistic expression.
Patent: Patent provides protection to an idea—new and useful. The idea can be to invent something new – machine, device, process, structure, etc.