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Trademark Registration

A trademark is a visual symbol that can be a word, name, numbers, label, color combination, etc, which is used by businesses to distinguish it’s services or products from other same goods or services which are manufactured in different businesses. Trademarks in India are listed by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999 and give the trademark owner the power to sue for losses when infringements of trademarks happen. Registered trademarks are intellectual property for the business, they are used to safeguard the company’s investment in the brand or symbol. It is mandatory for a company to register it’s chosen Trademark as it will act as a unique symbol for the products and services you provide.

Proposed trademarks that are the same or identical to an existing registered trademark cannot be registered. Moreover, a trademark is not registrable if it is offensive, general, unreliable, not unique, includes specifically protected emblems, etc.

Once the trademark registration process is done, the R symbol can be applied and the registration will become valid for 10 years. Registered trademarks nearing expiry can be regularly renewed, by filing a trademark renewal application for a time of another 10 years.

Trademark Registration is done through LegalRaasta in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities. Offering a quality of trademark services like trademark filing, trademark search, trademark renewal, and patent registration, etc.

What can be registered as a trademark?

Name
A name which can either personal in nature or can be the surname of the applicant e.g, the name Dhirubhai Ambani can be trademarked

Word
A word that is not being directly descriptive of the character or quality of the goods/service. For example, Google is a word that has been trademarked.

Numbers
Alphanumeric or Letters or numerals or any combination thereof. For example 555 brands.

Images
Image, symbol, monograms, 3-dimensional shapes, letters, etc. For example the tick in the Nike logo.

Sound
Sound marks in audio format. Forex the sound in the ad jingle

Advantages of Trademark Registration

Excellent Business Opportunity
A product or service being sold under a registered trademark assists in developing up trust, safety, quality, and goodwill in the minds of customers. It gives you a unique identity when linked to other sellers.

Legal Protection
A registered trademark owner has the legal right in case of infringement i.e. you doubt that your trademark has been copied by someone else, you sue them for copying your logo, brand, name, or slogan.

Get Unique Identity
Customers will recognize a singular product or service only with the brand name. Registering a trademark guarantees that competitors will not apply it and so it remains a company’s unique asset.

Global Filling of Trademark
A trademark that is registered and filed in India is permitted to be filed in other countries outside India as well. Moreover, foreigners can also get a trademark registered and filed in India.

Creation of intangible asset
The trademark can be a valuable asset, in case your brand builds a name and succeeds. Registering a trademark makes it an intangible asset that can be traded, franchised, distributed, or commercially contracted. This brings benefits to the company or the individual proprietor. A trademark is intellectual property for the organization.

Infringement protection
Filing a trademark assures that the trademarked object is not used unethically by any other company or Individual. But, if the trademark is used by a 3rd-party without the permission of the owner of the trademark, the owner can take legal action and even sue the person or the company who has illegally used the trademark.

Exclusive rights
The proprietor of a registered trademark will be able to have exclusive rights over the trademark. The same trademark can be applied by the owner for all the products/services that fall under the same classes. Having the exclusive rights on the product or services also permits the owner to stop any kind of illegal use of the trademarked thing.

Applying the registered symbol
The company can use the registered symbol (®) once the trademark is filed. The logo is evidence of the fact that the trademark is already registered and cannot be applied by another individual or another company. In the case of illegal usage, the person who holds the trademark can decide to sue the other person

Differentiating products
Trademarking assists the consumers to find out about the products quickly. They can differentiate among the various kinds of products as the products tend to create an identity for themselves

Promotes Goods and Services
Registering a trademark constitutes the face of the company or the goods and services. This serves to differentiate and promote brand creation. Most of the companies get their identity by trademark so it pays a crucial role in promoting and enhancing the brand value.

Protect the Commercial Goodwill
A trademark’s registered owner has the power to build, secure, and protect the goodwill of his/her goods or services. The owner can stop other traders from using his trademark illegally. One can also sue the infringer for using the brand name and demand damages for any infringement

Advertising sales
The customers of a company attach the name of the brand to the feature of the product or service that they give. This form of the product is spread in the market and so, it helps to increase sales by bringing more and more customers towards the product.

Validity of a registered trademark

Once a trademark application is registered in the Trademark office or online, then the candidate can begin applying the TM symbol on products or the services, and if the trademark is registered then the candidate specifies the ® symbol over his trademark. All registered trademarks are valid for 10 years from the date of registration.

At the end of the validity of a trademark, a trademark can be renewed simply by giving the Government fee for registration within 6 months via Form TM-12", from the date of expiry of the trademark.

An expired trademark can be renewed through Form TM-13 (Restoration & Renewal) after 6 months and within 1year from the expiration of the last registration of the trademark.

Trademark Symbols

R" Symbol: You receive the R symbol the moment you file the trademark application for registration. This type of symbol assists protects the trademark from getting copied by others.?
TM" Symbol: This symbol is for unregistered trademarks. It informs others from copying your logo, name, or symbol. It does not give you copyright protection, and others can apply your logo or name in case your application gets denied.?
C" Symbol: The C symbol stands for contents that do not have any copyright issues. The symbol is necessary for many countries for copyright claims.?
SM" Symbol: The service industry applies this symbol. The symbol is suitable for classes from 35 to 45. It never assures protection upon copyright issues.