What is Trademark?
Trademarks are special unique signs, symbol, distinctive mark, logo that are used to identify goods or services from a certain company. They can be designs, pictures, signs or even expressions. It is important because it differentiates your products from the competitions. It can be associated with your brand or product. Trademarks are classified as intellectual property and therefore are protected from infringement. Trademarks and its rights are protected by the Trademark Act, 1999.
To get the protection of trademark rights one has to register the trademark. It is important to register your trademark because it prevents others from copying your mark and misrepresenting other products with your mark. Trademarks help the customers to recognize the brand and the brand value in one look such as the logo of a tick sign for Nike or a jumping wildcat for Puma etc. Business owners are actively receiving assistance from S.K. Agrawal & Co. for IPR registration and protection.
The process of brand trademark registration in India is now possible and convenient such that you can trademark any one of the below things or even a combination of the following:
- Letter
- Word
- Number
- Phrase
- Graphics
- Logo
- Sound Mark
- Smell or a mix of colors
Who Can Apply For a Trademark?
In the Trademark Registration form, the person whose name is mentioned as the applicant 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.
Online Trademark Registration Procedure
Step 1: Surf internet for a brand name that is “wacky-enough”
This is simply a short and best way for any newcomer to get a catchy, trendy, and an interesting brand name. Picking up a brand name that is wacky and quirky is definitely a wise move since most of the generic names would already be in someone’s hands. Moreover, zeroing in on a particular name requires a quick research process to ensure yourself that you are not picking a brand name that is already in use. The best part here is that you can invent or coin some words with a mix of generic words to create a unique brand name for yourself.
Step 2: Preparing a trademark application
The following supporting documents together with the application have to be submitted for online trademark registration:-
- Business Registration Proof: On the basis of your registered business (for eg: sole proprietorship and so on), an identity proof of the company’s directors and an address proof have to be submitted. In case of sole proprietorship business, id proof of the proprietor viz. PAN card, Aadhar card could be submitted. Whereas, in the case of companies, the address proof of the company needs to be submitted.
- Soft copy of the trademark.
- The proof of claim (which is applicable) of the proposed mark can be used in another country.
- Power of attorney to be signed by the applicant.
Step 3: Filing the application of brand name registration
Filing of Application before office of Trade Mark Registry. The Trade Mark Registry having office at Delhi, Mumbai, Kolkata, Ahmedabad, and Chennai. The application will be filed to the concerned office of Trade Mark in accordance with the address given by applicant.
Step 4: Examining the process of the brand name application
The Registrar of Trademark will check out whether you have followed certain terms and that your brand name complies with, the existing law. Moreover, there should not be any similarity or identical with any existing or pending brands for the registration. This is the reason why we preferred you to choose a quirky brand name!
Step 5: Publication of your brand in the Indian Trade Mark Journals
After the process of examination, the Registrar of Trademark will publish your brand name in the Indian trademark journal. This is certainly the most important part of the trademark registration and there should not be any opposition within 3 months, i.e. 90 days (or 120 days in some cases), from the date of publication. When there is no opposition, the Registrar of Trademark will proceed towards issuance of Trademark Registration Certificate.
Step 6: The trademark registration certificate issuance
The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated period of 90 days or on acceptance of your trademark application after trademark opposition hearing. Wow! And this will be the happiest moment for you as the Registrar issues the Registration Certificate with the Trademark Registry seal.
Right from the moment you have been issued with your certificate, you can use the registered trademark symbol (®) beside your brand name. Thus, with this blog post, we feel that even a beginner can understand all about creating a brand name and registering it successfully.
Step 7: Trademark Opposition
If there is any opposition by a third party within 3 months of the trademark publication in the trademarks journal, the Registrar of Trademarks will give you a copy of the notice of the opposition. You need to reply to the opposition notice by filing a counter-statement within months. If you do not submit the counter statement within 2 months, the trademark application will be considered to have been abandoned and rejected.
However, if there is no opposition within 3 months, this step will not apply to you, and your brand name is proceeding towards acceptance for the issuance of Trademark Registration Certificate.
Step 8: Hearing on Trademark Opposition
This step will not apply to you, if there is no trademark opposition. However, if your trademark is opposed by a third party and you send your counter-statement within 2 months, the Registrar of Trademarks will send your copy of the counter-statement to the third party opposing trademark registration.
Evidence must be submitted by you and the third party in support of your case. The Registrar will give you and the third party an opportunity of hearing after submission of evidence. After hearing both the parties and considering the evidence, the Registrar will pass an order of acceptance or rejection of the trademark application. If the Registrar of Trademark accepts your trademark application, then he will process to issue registration.
Benefits of Trademark Registration in India
Trademark is a unique symbol or sign which may be a label or numeral or combination of colors for identification of your goods or services. You can obtain a trademark registration under the Trademarks Act, 1999.
Trademark enables you and a third party to distinguish your products and services from those belonging to your competitor. However, it would be helpful to keep in mind that geographical names, common names, common trade words and common abbreviation cannot be registered as a trademark.
Apart from being unique, a Trademark should be easy to use, make your products marketable and create brand recognition for your products. Trademark registration has several advantages and benefits to the owner:
- Legal protection: Upon trademark registration, Trademarks are classified as intellectual property and are therefore protected from infringement. Trademark registration also confers an exclusive right to the use of the trademark in relation to the “Class” of goods or service it represents. Once you have filed the trademark application, the Symbol “TM” can be used with your products. The symbol “R” can be put into use only after you have obtained registration of your trademark. Further, you can use the ® symbol only for the goods and/or services listed in the registration certificate. In the case of unauthorized use of a registered trademark, you can seek relief for infringement in appropriate courts in the country.
- Product differentiation: Trademark registrations are distinct to the goods or services they represent. Trademark will enable differentiation of your product as against the products of your competitors. Also, since trademark registration will be valid for the entire class of goods or services so represented, it will help in distinctly identifying your products. Customers uniquely identify products carrying different trademark, thus creating a customer base for your product.
- Brand recognition: Customers associate a product’s performance, quality, features, and so on with the company making such products. They identify the product generally by the logo, which would be a registered trademark. Trademark registration facilitates brand recognition for your goods and services. It also creates goodwill associated with the brand. Thus, your brand is recognised as well as carries a market value over time. Brand recognition welcomes new customers while retaining loyal customers.
- Creation of an asset: Trademark registration creates an asset for a business enterprise. Trademark is recognized as an intangible asset for accounting and income tax purposes. Trademarks are Intellectual Property Rights (IPR) and carry a value associated with the products they represent. Trademarks can be sold, franchised, assigned or commercially exploited in any other manner. You can recognize the value or cost associated with trademarks in the books of accounts, and also claim a deduction for depreciation and recognize income from the same.
- Business valuation and goodwill: Trademarks registered and associated with your products enhance your overall business value, goodwill and net worth in the industry. Your trademark communicates your quality assurance, distinct features of your products and your organisation’s mission. Trademarks contribute to the growth of your business. They help retain loyal customers and protect the goodwill of your business. Customers give more preference to registered brands with TM tag.
- Trademark recognition: Trademark registered in India is valid for ten years from the date of filing of an application . However, the trademark can be further renewed. In a case where you want to use your trademark outside India or expand your business outside India, you need approval or trademark registration in the respective countries. In such cases, your trademark registration and business in India acts as a base to obtain registrations outside India.
- Business expansion: A trademark establishes a connection between the customers and the products of an enterprise. With efficient or unique products, you can create a customer base. Your trademark helps you in retaining and expanding the customer base. Registration of your trademark confers exclusive rights of use for 10 years and protects your business revenues. Business enterprises can leverage the benefits of a customer base by introducing new products and expanding their business.
How S.K. Agrawal & Co. Helps in Trade Mark Registration?
With S.K. Agrawal & Co., you can register your Trade Mark seamlessly. You can register your Trade Mark in just 4 simple steps:
Step 1: Confirmation Mail Acceptance of our Proposal
Send confirmation mail at our email id regarding acceptance of our Proposal for Registration of Trade Mark. You can request a callback or directly call to our expert on phone number provided at our website. Our experts will contact you and clear all your queries.
Step 2: Send the Documents on our Email Id
Send below-mentioned documents on our email Id to Register your Trademark:
- Duly filled Checklist.
- Duly notarized and signed Power of Attorney.
- Proposed Brand Name/Logo
The Trade Mark registration from S.K. Agrawal & Co. is completely online and thus, you can save time and money as you need not have to visit our office. If you want to visit to our office you are most welcome.
Step 3: Document Verification by our Expert Team and Signature of Documents
Our expert team will verify the documents uploaded by you. You will need to attest your signature on the documents.
Step 4: Our Experts Team will File Forms on the Trade Mark Registry/Authority portal to Register Your Trademark
After the Trade Mark registration forms are filed on the Trade Mark Registry/Authority portal, the Trade Mark Registry/Authority will verify the forms submitted by our expert team.
Service Area
We provide strategic and qualitative advisory services to all our clients from domestic to international organizations, small, medium and large sized enterprises, assisting them with their incorporation and quality management services so they can establish their business successfully globally. To help them deal with their tax issues, financial and legal requirements we provide all support for post incorporation services, so they are able to run their business seamlessly. We are based at New Delhi and Faridabad, but our wings are spread to serve clients across the globe. Customer Satisfaction, Quality of Service and our Turnaround time are the drivers of our enthusiasm and success. We are continuously serving our client at Faridabad, Delhi, Gurgaon (Gurugram), Noida (Gautam Budh Nagar), Sonipat, Panipat, Palwal, Jind, Karnal, Meerut, Kolkata, Mumbai (Bombay), Pune, Bangalore, Nasik, Aurangabad, Nagpur, Ludhiana, Amritsar, Mohali, Hyderabad, Kanpur, Agra ,Rudrapur, Haridwar, Jamshedpur, and many other Industrial Areas.