What is Trademark?

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trademark-sellersupport

What is a Trademark?

  • A trademark is defined as the unique identity that makes your product or service stand out from the rest.
  • The unique identity or expression can be a logo, photograph, slogan, word, sound, smell, colour combination or graphics.
  • Most of the businesses usually look for registration of logo or name only. If you have come up with a unique idea or logo, then the only way to protect it as your own unique identity is to register it as a trademark.
  • A registered trademark is your business’s intellectual property or intangible asset.
  • It acts as a protective cover of the company’s investment made in the logo or brand.

What is Trademark registration?

  • Trademark registration provides the right to take legal action against others who try to copy your trademark.
  • Also, no one else can use a similar trademark to the one registered by another person.
  • Once you register a trademark, you can use an R symbol along with it, and it will be valid till 10 years from the date of registration.
  • You can get a trademark™ within 3 days. But, to get an ®, it takes up to 2 years
  • In case the trademark registration is nearing expiry date, you can always get it re-registered for another ten years.

What can you Trademark?

  • According to the trademark rules of India, items like sound, logo, words, phrases, colours, images, symbols, initials or a combination of all these can be trademarked. All of these should be used to make your business stand out from the rest.

Who can apply for Trademark?

  • A trademark application can be done by private firms, individuals, companies, LLP’s, or NGO’s. In the case of NGOs, LLP’s or companies, the trademark has to be applied for registration in the name of the concerned business.

Why is Trademark Registration important?

1. Great Business Opportunity
  • A product or service being sold under a registered trademark helps in building up trust, reliability, quality, and goodwill in the minds of customers.
  • It offers you a unique identity when compared to other sellers especially when you sell it on online platforms like Amazon, Flipkart, etc.
2. Legal Protection
  • In case you doubt that your trademark is being copied by anyone else, you can take up the issue legally and sue them if you have registered your logo, brand name or slogan.
3. Get Your Unique Identity
  • Customers will identify a particular product or service only with the brand. Registering a trademark ensures that competitors will not use it and hence it remains as a company’s unique asset.
4. An Asset
  • The trademark can be a valuable asset in case your brand creates a name and succeeds. It can be commercially contracted, sold and franchised.
5. Global Filing Of Trademark
  • A trademark which is registered and filed in India can also be filed in other countries outside India.
  • Likewise, foreigners can also get a trademark registered in India.

Documents Required for Trademark registration

  • Trademark/Logo you wish to Register.
  • Date of first use of the Trademark in India or confirmation that the Mark is ‘proposed to be used’
  • Name, Address, Nationality, and Particulars of the Applicant (whether Individual, Society, Trust, Partnership Firm, or Company).
  • Details of Goods or Services for which registration is required.
  • Address for correspondence with Name, Phone Number, and Email id.
  • Power of Authority.

How do we help with Trademark Registration – A detailed Trademark application filing process

Trademark Search
  • We help you in your trademark search by conducting the search using trademark(™) director.
  • We also conduct a detailed check on the trademark logo and brand name that you had selected to ensure that it is not yet registered under anybody else’s name.
  • The trademark can be registered once it is found to be unique.
  • In case your logo or brand name is already registered by someone else, we help you find ways to modify it so that your registration does not get cancelled.
Class Selection
  • While applying for registration, you need to apply it under the right classification of classes.
  • We help you choose the right class under which you need to register.
  • The trademark offers you the right to sell under a particular brand name within a certain sector in the economy.
  • Every logo or brand name has to be registered under the appropriate class.
Preparing The Application
  • After we ensure that your brand name or logo is unique and can be registered, we proceed with the application by preparing the authorization letter first.
  • This gives us the right to make the trademark registration on your behalf.
  • You can sign the letter and return it back to us.
  • We further help you fill out the form and keep updating you about the proceedings until the registration process is complete.

Trademark Symbols

Trade Mark (TM) and Service Mark (SM)
  • This symbolises that the trademark has not yet been registered, but an application for the same is pending.
  • It is put up to warn third parties lest they infringe upon the same.
  • There is no specific legal significance as such because the application has not yet been approved by the authorities.
(R) Symbol
  • On the approval of the trademark application, you, as the proud owner of the registered trademark, are empowered to display the R symbol next to the trademark.
  • This symbolises that the trademark is officially registered, that infringement of any kind by a third party will be punishable by law.
  • It is not mandatory to display the R symbol. However, it protects the owner of the trademark in a way that, should anyone rip-off the actual product, on suing the third party for infringement, he has a right to recover all the profits that were lost.
  • This is because the court requires the owner to prove that the infringer was aware of the fact that the trademark was registered and yet went ahead to use it without any prior permission.
(C) Symbol

The C symbol is generally used to signify copyright that the owner has over some creative work. This includes:

  • Artwork- Photography
  • Videography
  • Literary Works
  • Software

The C symbol is valid for a lifetime. The symbol is used with the copyright holder’s name and the year of the first publication in the country where the work was copyrighted.

Conclusion

  • All in all, there is a lot that one must be aware of when it comes to trademarks and their registration.
  • The process, in itself, is quite tricky, which is why the applicant must carry out proper research concerning the same.
  • Therefore, registering your trademark has plenty of benefits provided it is done with due care.
  • Our experts will help you get your trademark registered without any errors.

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