TRADEMARK: advantages, documents checklist, and procedure of trademark

GSTR 1 Due Dates March-Apr(2020)
April 6, 2020

TRADEMARK: advantages, documents checklist, and procedure of trademark

What is a Trademark?

A trademark is any logo, symbol, word or a combination of words, symbols, and numbers that makes a brand stand unique in the market. Moreover, it is an important intellectual property for a business registering a trademark deters competitors from using similar names or logos.

Example:

These soft drinks can, however, be differentiated by their logos in the first place.

Advantages of the Trademark

1.Helps in identification of Product or service
2.Ensures the quality of the Product and service
3.It helps in promoting the Product or services.
4.Types of Trademark:
5.Image, Symbol, 3D shapes, letters, etc
6.If audio format sound marks are available
7.Combination of letters and numerals for depicting a brand
8.Name of the brand
9.Benefits of Trademark Registration
10.Recognition to Product’s Quality
11.Protection against infringement
12.Differentiates Product and services
13.Builds trust and Goodwill
14.Protection at a low cost for ten years
15.Global Trademark Registration

Application for Trademark

A person, company, or any legal entity who is the owner of any particular product or service can apply for the trademark. Indeed, the application can be complete in a few days to register the trademark. However, the time required for registering the trademark and completing other formalities will somewhere be around 18 to 24 months. One can use the ® (Registered Symbol) in addition to your trademark as it is registered, and the certificate guarantees the same. A registered trademark is valid for ten years from the date of filing, and it can be renewed from time to time.

Document Checklist

1.Copy of trademark or logo
2.Details of the applicant like name, address, nationality and for the organization state of incorporation
3.Specifications of goods and services to register
4.If a trademark has been in use before applying, mention the date since when
5.Applicant must sign the Power of Attorney

Procedure for Trademark Registration

Search for Trademark

It is vital to decide and research thoroughly in advance before applying for the trademark. A trademark should be unique, and if identical trademarks are available, then it will give you an idea to modify your trademark accordingly and will able to avoid any trademark litigation. Indeed, in business, it is vital to keep a check over cost and time.

File for Trademark Application

Once you are sure the trademark selected is not registered previously by anyone in the Trademark Registry India. You can proceed further for registering your trademark chosen. Moreover, file a trademark application at the Trademark Office, India. The Indian trademark offices are in Chennai, Delhi, Mumbai, Kolkata. Today filing is mostly possible online. On the filing of the application, a generation of the official receipt for future reference takes place. However, you can track the status of your application online.

Examination of Trademark

Thirdly, the examiner scrutinizes and files a trademark application. Moreover, the examination duration will be of 12-18 months. However, the acceptance of trademark registration is entirely dependent on examinations’ results, which could be conditionally or object. The trademark, when selected unconditionally, the trademark will get published in the Trademark journal. If not accepted, then the objection needs to be clarified by the applicant, and a time of 1 month is provided for the same.

Publication of Trademark

If anyone objects to the registration of a trademark, have the opportunity to challenge the same. If, after 3-4 months from publication, there is no opposition, the process further moves. In case of objection, there will be fair hearing and decision by the registrar is scheduled.

Registration Certificate

When the application proceeds for trademark registration, after the publication in Trademark Journal, a registration certificate carrying the seal of the Trademark Office is issued.

Trademark Renewal

The trademark is renewed every ten years, and it will ensure the protection of your brand reputation perpetually.

The process of trademark registration is little time consuming, but ultimately it ensures the safety and sustainability of your brand’s product or service in the long run. Moreover, every organization should consider this process. Indeed, for this, they should only rely on a reputed partner.