Registration and License
A critical asset that needs strategic approach in securing a logo or lines or any phrases that an individual or entity wishes to be registered in its name. Unique, brand value add, and identity attachment is achieved by timely Trademark Registration. A legal process that acts as an investment and intangible property for the owner.
Trademark is an intellectual property that is uniquely owned by an individual or a company. Intellectual property comes into existence from using an individual’s creativity and knowledge to construe and perceive an idea into functionality. It is about any word, phrase or symbol that exclusively defines a particular product or service. By registering a trademark, it ensures absolute rights over the intellectual property for the creator’s usage. Trademark registration is legalized under the Trademark Act,1999. Once a trademark is registered, it is valid for 10 years.
The procedure for trademark registration is as follows:
1.Choosing an apt trademark:
The chosen mark should be unique and distinct for that product or service. The category on which the trademark will fall also has to be understood while choosing the trademark. Also, once you decide on the trademark, a thorough search has to be done whether similar trademarks exist.
2.Filing of Form TM-1: An amount of Rs.4000 has to be paid with an additional fee to the lawyers.
3.Arranging the needed documents:
To proceed with online trademark registration, there is a requirement for a said list of documents. They are:
- Proof of Business registration.
- Soft copy of the trademark.
- Appropriate class as to which the application is filed.
Form 48: An attorney who has been authorized to apply on behalf of the business entity.
4.Examination of the application by the Government Authority:
Once the application is filed, the relevant government authority examines the application and makes sure that the application complies with all requirements under the Trademarks Act, 1999. The scrutiny report has to be submitted within 30 days of the filing of the application. If any objections have been found in the application, then, a reply has to be submitted within 30 days of receipt of such an objection.
After the filing of the reply against the examination report, If the authority finds it unacceptable, it may call upon a hearing to understand the aspects in more clarity. After the hearing, the authority can either accept the application and move forward or reject the application.
6.Advertisement for the approved Trademark:
Once the registration of the Trademark is accepted, it has to advertise in the Trademark Journal for four months. This is to ensure and allow the public to file an objection against the said trademark.
7.Registration of the trademark
If there’s no objection whatsoever even from the public, then the trademark registration is considered to be completed.
The registration of the trademark is an essential need of the hour which protects the business entity or individual entirely from infringement of their intellectual property. By registering a Trademark, it becomes an exclusive asset, and it also uplifts the goodwill of the individual or the company.
Trademark registration is considered to have an easy registration process, said that it can be confusing about the accumulation of documents and the submission of the same. Profito Global helps you in engaging yourself in a stress-free process and easy approval of your trademark. We also help you in finding the best trademark for your company, keeping in mind all of your needs and requirements as well.
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What are the different kinds of trademarks?
Sound Mark: It refers to any music or related feature which becomes the identity of the said product or service. If a music or background score could make the viewers or the customers identify it with a particular line of product or service, it can be considered an eligible sound mark.
Collective Mark: It is a mark that represents a group of people. A group of people who come under the mark, have to be in adherence to rules and regulations the collective mark puts forward.
Certification Mark: A certification mark is an indication that a product or service has mandatory complied with standards and procedures. A certification mark is an assurance of the quality of the product.
Logos: It consists of unique figures which exclusively represent the brand.
Word Mark: Any phrase or word which defines or distinguishes the product.
What are the advantages of registering a trademark?
An Asset to the Company: A registered trademark for a product or service enhances the authenticity of the product or service. It works as an asset or instigates the goodwill of the company.
Highlights Quality: When a particular good or service comes under the trademark registration, it indicates the quality of the product or service. When a unique trademark is formed, it catches the eye of the customer and imprints on their mind. Hence, they start using the same as a benchmark.
Exclusivity: The representation of a product through trademark registration grants that product and service a special place amongst the unregistered product and services.
Protection against Infringement: By registering your trademark, you protect your intellectual property from unauthorized copying and misinterpretation of the same through other means. This helps in maintaining the exclusivity of the good or service.
How to select a good trademark?
To find the right trademark, an extensive market survey has to be done on the same. The best trademark might be categorized as a unique and fresh concept of made-up words, designs etc. It is always ideal not to go for generic terms such as names, surnames etc.
Can we renew a Trademark registration?
Yes, when you renew your trademark, you are further supported against infringement of your rights. The Registrar of Trademarks will send a reminder letter six months prior to the expiry of the registered trademark. There is also option to change or alter the clauses while renewing the trademark through form TM-R.
Is removal of a Registered Trademark from the Register of Trademarks possible?
For the removal of a registered trademark from the register, one has to apply to the Registrar, under the prescribed form. The Registrar can also Suo Moto i.e., in his own will, issue notice for the removal of a Registered Trademark from the Register.