13+Years, More than 25000 Clients, and
20000+ Trademarks Registered
Overview
What Is A Trademark?
To explain Trademarks in layman terms, trademarks (TM) 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’s crucial since it sets your products apart from the competitors. The Trademark (TM) can be linked to your brand or product. Trademarks are classified as intellectual property and therefore are protected from infringement. Trademarks and their rights are protected by the Indian Trademark Act, 1999.
It is necessary to register a trademark in order to prosecute for trademark infringement. It is crucial to register your trademark since it stops others from copying it and using it to misrepresenting other products with your mark. Trademarks aid the customers to recognize your brand and the brand value in one look, such as the logo of the bitten apple of the company “Apple Inc.” or the flying bluebird of “Twitter”.
Unlike patents, trademark does not have a definite limitation period. Where 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 done indefinitely, which means that as long as you keep renewing the trademark it will not expire and will continue to be under the protection of the Act.
Who can apply for a Trademark In India?
The person whose name is mentioned as the applicant in the Trademark Registration Form will be declared as the owner of the trademark once the trademark is successfully registered. Any individual, a company, and an LLP can be an applicant and may file the application for the registration of the particular trademark.
What are the benefits of Trademark Registration?
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Exclusive Rights:
Once a trademark is registered, the owner of the Registered Trademark enjoys exclusive rights over the trademark. The owner can utilize the same for all the products falling under the applied class(es). Furthermore, the owner can enjoy the sole ownership of the Trademark and can prevent others from unauthorized use of the Trademark under the same class where it is registered. It gives the right to sue the unauthorized use of the Trademark Registered for infringement.
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Enhances Trust and Goodwill:
Your trademark’s quality establishes trust and goodwill amongst everyone and the customers in the market. It helps in creating and retaining permanent customers who are loyal and always opt for the same brand.
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Differentiates your Product:
It makes it easy for customers to search for your products. It distinguished your goods and their identity from that of present and anticipated competitors and serves as an effective promotional tool. Your company’s or any organization’s logo can communicate your vision, quality, or unique attribute.
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Product’s quality recognition
It gives recognition to the superior quality of the product. Customers associate the product’s quality with the brand name and this picture of a certain brand’s quality is formed in the market, which aids in recruiting new customers because they can distinguish the quality of a product on the logo/brand name.
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Asset Creation:
An organization’s intangible asset, Intellectual Property, is created when a trademark is registered. A trademark registration creates a legal right that can be sold, assigned, franchised, or commercially contracted. Furthermore, the trademark is an intangible asset the benefits the company.
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Use of ® symbol:
Once the trademark is registered you can use the ® sign on your logo to indicate that it is a registered trademark and no one else can use the same trademark It is devoid of any and all forms of uses and rights. If the trademark is registered and someone else uses it, you can sue the other party.
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Protection against Infringement:
No rival or a third party may use the trademarked wordmark or logo that you have registered. However, if someone uses it without the owner’s permission or in a dishonest manner, the owner can seek legal protection under the Act and prevent the person from doing so.
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Global Trademark Registration:
If one wishes to register a trademark in a country other than India, the Indian trademark might be utilized as the foundation for registration. Any company looking to develop outside of India can benefit from a trademark registration in India, as well as the country’s established goodwill.
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Attract Human Resources:
Young people aspire to work and join major brands because they operate as a magnate. It promotes the organization’s positive image, making candidates more easily drawn to them. As a result, the cost of hiring and related activities is reduced.
What Is The Process Of Trademark Filing ?
1. Trademark Search
Many business owners are unaware of the significance of a trademark search. It’s not enough to have a unique brand name in mind to avoid a TM search. A trademark search can tell you if there are any comparable trademarks out there and can give you a good idea of where your trademark stands. It can also give you a heads up on the risk of trademark litigation. Why squander money later on in time-consuming trademark litigation when you can avoid it in the first place?
Cost: Rs. 500-1,000
2. Filing Trademark Application
You can register your selected brand name or logo after ensuring that it is not already registered with the Trademark Registry of India. The first step is to submit an application for a trademark with the Trademark Registry of India. Nowadays, most filing is done online. Following the submission of the application, an official receipt is supplied for future reference.
Cost: Starting Rs. 8,000
3. Examination
The examiner examines a trademark application after it is filed for any irregularities. The evaluation might take up to 4 months. The trademark may be accepted unconditionally, conditionally, or as an object by the examiner. The trademark is published in the Trademark Journal if it is unconditionally accepted. If not unconditionally accepted, the requirements to be met or the objections raised would be listed in the examination report, with a month to meet the conditions or respond to the objections. The trademark is published in the Trademark Journal if the response is accepted. If the response is not acceptable, a hearing might be requested. If the examiner believes the trademark should be allowed to register after the hearing, it will be published in the Trademark Journal.
Cost: For filing reply to objections and attending hearings- Rs. 9,000
4. Publication
The stage of publishing is included in the trademark registration process so that anyone who objects to the trademark being registered can raise an objection. If no opposition is filed within 4 months of publication, the trademark can be registered. If there is opposition, the Registrar holds a fair hearing and makes a decision.
Cost: In case of opposition- filing counter opposition – Rs. 23,000
Filing evidence under Rule 45 or Rule 46 – Rs.15,000
5. Certificate of Registration
Following publication in the Trademark Journal, the application for trademark registration is processed, and a registration certificate bearing the Trademark Office’s seal is issued.
6. Trademark Registration Renewal
After every ten years, the trademark can be renewed indefinitely. As a result, your logo or brand name registration will be permanently protected.
As can be seen from the above, trademark registration in India is a simple process. It’s a basic procedure, but it’s crucial for brand name registration.
We, at IPLF, can assist you with the full registration process, so you don’t have to worry about deadlines or responses. As a result, recognize the value of your brand name registration and take action to preserve it as soon as possible.
Cost: Renewal of registration for each class Under Section 25; Rules 63(1), 132(b), 138(3) of The Trademarks Act – Rs. 12,500
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