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It requires a lot of efforts and brainstorming to finalize your brand name or identity, right? Then, what happens if some Amar, Akbar or Anthony walk off with this title and identity? Hell no! So to your rescue is to get a registered trademark for your brand in India. In this post, we will guide you through step by step process to get get a registered trademark for your brand in India.
As an e-commerce platform assisting modest in addition to big brands start their own online shops, we at ClueCommerce, often encounter entrepreneurs asking us about how to register their brands as trademarks.
Which is why, today, within the course of this blog article, we will take you through to how to safeguard your brand’s standing, by way of registering for your brand as a trade-mark.
Before we start, let’s understand what is a trademark and how to get registered trademark for your brand or business in India.
Many businesses use these marks to “brand” goods, therefore it’s necessary to get a familiar trademark. In developing markets such as India, the requirement to protect the company from prohibited competition or fake is particularly powerful.
It’s fairly simple, but it is going to take some time. Be careful to pick a distinguishing mark, document a comprehensive program, and hope to wait as long as 2 decades.
Thus, you have a company or wish to get a company, and you’re considering the Trademark registration is really necessary to measure. Can it be something that’s just must have a small business? Well, allow me to ask you a question,
- Just how long and effort you spent in your organization? For your merchandise? Or creating new worth? Can you work hard to create your company a commendable and trustworthy title in thoughts of your customers?
- How would you believe, if somebody else is misusing your organization name?
- Or you also found out that the title that You’re using to your business Is in Fact registered with Another Business
- And even worst instance will be, you work in your own company for several years to construct loyalty and brand in customers mind and you learned You’re infringing already enrolled trademark of somebody and you Can’t use that title for your company here later
It could be a massive loss of time, costs and efforts !!! Would you prefer to prevent such catastrophic situations that may damage your companies future? Which may result in all of the hard work that you put in building brand name of the company going waste !!!
You then will need to seriously think about protecting your organization name, identity, brand, logo etc. This is accomplished by registering the trademark to your small business.
If correctly used and encouraged, a Trademark becomes the most precious asset of a business enterprise. Thus it’s very important to contemplate trademark registration in India. Basically, the trademark is a logo or brand which reflects your organization.
What is a registered trademark?
A visual emblem like a word trademark, title, device, tag, numerals or mix of colors employed by the proprietor of their trademark for services or goods or other articles of trade to differentiate it from other related products or services originating from various companies.
A logo can be a phrase, symbol, emblem, brand name, wrapper, packaging labels, tagline or a mix of them and are utilized by producers or service providers to identify their particular products and/or solutions.
It’s used to differentiate the owners’ services or products from those of its rivals.
Example of trademarks
Coca-cola and Pepsi are just two trademarks from same sector (drinks) which clearly describes origin or source of their goods in addition to an indicator of quality. Trademarks are filed under the Trademark Act, 1999 and supply the trademark proprietor the right to sue for compensation when infringements of trademarks happen.
But any trademark, that can be identical or deceptively similar to a current registered trademark or trademark for which application for registration was created, cannot be registered. Additionally, a trademark that would likely result in disturbance or confusion or is offensive might not be registered.
Who can submit the application for trademark registration?
Any individual, business, proprietor or legal entity claiming to be an owner of this signature can employ. The program for signature can be submitted within a couple of days and you may begin utilizing “TM” logo. And also the time necessary for the signature registry to complete formalities is 18 to 24 weeks.
You can use the ® (Registered emblem) alongside your trademark when your trademark is registered and registration certificate is issued. Once registered a signature is valid for 10 years from the date of filing, that may be revived period to time.
Benefits of registered trademark “TM” logo:
- It defines the product or service and its origin
- It ensures its quality
- Helps in advertisement of product or service
The distinct type of registered trademarks:
- A name (including personal or surname of the applicant or predecessor in business or the signature of the person)
- A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service
- alphanumeric or Letters or numerals or any combination thereof.
- Image, symbol, monograms, 3 dimensional shapes, letters etc.
- Sound marks in audio format
Documents required for application of Trademark registration in India:
- Trademark or logo copy
- Applicant details like name, address, and nationality and for company: the state of incorporation
- Goods or services to register
- Date of first use of the trademark in India, if used by you prior to applying.
- Power of attorney to be signed by the applicant
Step-by-step procedure for trademark registration in India
Step 1: Trademark Search
Time Req.: Approx 4 hours | Cost: Rs 0 to Rs. 500
This search would be to assess whether your business name or emblem is comparable to other already registered trademarks. Normally signature agent or attorney conducts this search with the Trademark Office to check whether there are some similar trademarks already enrolled under that specific class.
There are two kinds of search: offline and online. It’s recommended that you get both the searches done. Once found to be particular you can proceed to another step.
Step 2: Create Trademark Application
Time Req.: Approx 2-3 days
Based on the results of the search conducted, the signature attorney will draft trademark application, provided that your business name/logo found to be special. If someone already has the exact same or similar signature, you have to change yours. Or if you are of opinion the signature is rightfully yours and you’re using it for a long time even before other celebration trademark registration. You can start using ™ emblem as soon as you document the form of the trademark application.
Fill in the trademark application i.e. Form- TM 1. The application costs INR 2500 and is a one time fee.
Step 3: Trademark Registration
Time Req.: 18 – 24 months
Cost: Government fees is Rs. 4,500/- in case of Individual/ Startup/ Small Enterprise (it would be 9,000/- in all other cases)
- The Trademarks office will first assess your application to determine whether it has already been accepted. If it’s, a objection will be raised.
- When it does not have any objection, it creates an ad in the Trademarks Journal.
- When there’s absolutely no resistance from other companies in the subsequent four weeks, your signature is enrolled around six months afterward.
Notice: Objections dependent costs drafting a legal answer to objections could be from Rs. 2000/- to Rs 5000 so as to overcome the understanding and if a hearing is needed, the price per hearing could rely on the complexity of the topic.
Few Suggested Steps to Get Registered Trademark in India:
- Select an authorized agent/consultant/lawyer to represent you.
- Depending upon the outcome of the search, the lawyer will draft your trademark application. If a person already has the exact same or similar trademark, you might need to change yours. So, be prepared for the same.
- After a couple of days, the trademark lawyer will send you the original representation sheet of your trademark since it’s been registered with the trademark office.
- It may take anywhere between 18 months to two years to the Trademark Office to choose whether or not to give you the trademark registration. In case of objections from the trademark office or from anybody else, then it may take more. Along with your trademark is printed in the Trademark Journal.
Why is Trademark Registration Important for your Business/Brand?
- Even largest companies like Coca-Cola, Siemens, Apple shield their company by way of a trademark.
- The trademark would be a significant advantage for your small business and leads to the goodwill created.
- It ensures that the identity of the source of products and services.
- It arouses further purchase.
- It functions as a badge of loyalty.
For more queries and advice for trademark research, submitting, resistance and registering the trademark in India, please leave your comments below.