Trademark-Registration

TRADEMARK REGISTRATION

DEFINITION

A trademark is the unique identity that makes a product or service stand out from the competition. This trademark can be a logo, photograph, slogan, word, sound, smell, colour combination or graphics. Most times an organization/individual goes for just the registration of logo or name only. If an individual has come up with a unique idea or logo, then the only way to safeguard it as their own unique identity, is to register it as a trademark. A registered trademark is your business’s intellectual property or intangible asset. A trademark acts as a protective cover of the company’s investment made in the logo or brand.

Trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government of India. An individual can register his or her trademark under the act called The Trademark Act, 1999. The registration provides an individual the right to sue against others who try to infringe or copy their trademark. Also, with a trademark registration, nobody else can use a similar trademark to the one registered by an individual. Once an individual registers a trademark, they can use an “R” symbol along with it, and this will be valid for 10 years from the date of registration. One can easily get a ™ symbol within 3 days. But, to get an ® symbol, it takes up to 2 years. In case a trademark registration is nearing expiration, an individual can always get it re-registered for another ten years.

ELIGIBILITY FOR A TRADEMARK

As per the trademark rules of India, items like sound, logo, words, phrases, colors, images, symbols, initials or a combination of all of these can be trademarked. All of these are usually made to make a business stand out from the competition. A trademark application can be done by private companies/individuals/organizations/LLP’s/ NGOs. In the case of an NGO/LLP/or companies, the trademark registration has to done in the name of the concerned business.

IMPORTANCE OF TRADEMARK REGISTRATION

  • BUSINESS OPPRTUNITY: A product or service being sold under a registered trademark helps to build up trust/reliability/quality/and goodwill in the minds of customers. It offers a company a unique identity when compared to the competition. This really is helpful when a company sells their goods on online platforms like Amazon, Flipkart, etc.
  • LEGAL PROTECTION: In case a company feels that their trademark has been copied by someone else, they can legally sue that party/individual
  • UNIQUE IDENTITY: Customers always identify a particular product or service with the brand. Registering a trademark ensures that the competition can’t use it. Hence, a trademark remains a company’s unique asset
  • ASSET VALUE: A trademark is a valuable asset in case the brand creates a name and succeeds. It can then be commercially contracted/sold/franchised
  • GLOBAL FILING: A trademark that is registered in India can also be registered in countries outside India. Likewise, a foreigner/foreign company can also get a trademark registered in India.

TRADEMARK APPLICATION FILING PROCESS

  • TRADEMARK SEARCH: Our team at ACE ALLIANCE will help in your trademark search by conducting the search using the trademark (™) director. Our team will also conduct a detailed check on the trademark logo/brand name that you/your company has selected to ensure that it is not registered under another name. Your trademark can be registered once it is found to be unique. In case your logo or brand name is already registered, our team will help you/your company find a way to modify it, so that your registration is not cancelled.
  • CLASS SELECTION: When applying for registration, one needs to apply for it under the right classification of classes. Our team at ACE ALLIANCE will help you/your company choose the right class under which one need to register. The trademark offers you and your company the right to sell under a particular brand name within a certain sector in the economy. In total, there are about 45 sectors and each sector are termed as a class. Goods and services are classified into 45 different classes by the Trademark Registry. Every logo or brand name must be registered under the appropriate class. For example, Class 28 includes products and services related to games/sports/ toys. Hence, if you or your company plans to launch a new toy brand, the company will have to apply under Class 28.
  • APPLICATION PREPARATION: Our team at ACE ALLIANCE will ensure that your brand name or logo is unique and can be registered. Then our team will proceed with the application by preparing the authorization letter. This letter gives our team the right to make the trademark registration on your behalf. Our team will help you fill out the form and update you about the proceedings, until the registration process is complete.

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION

  • The applicant’s name
  • Type of business
  • The objectives of the business
  • The brand/logo/slogan name of the business
  • The registration address of the business

IDENTITY AND BUSINESS PROOF

The trademark owner or the person who has been authorized by the trademark owner must submit their identity proof. It can be this person’s Aadhar card/driving license/passport/ration card/voter’s id.

LOGO BEING USED WITH TAGLINE

If a trademark application is made for a tagline with only text, there is no need of a logo. In cases a logo is used, it should be submitted in a black and white format. The number of words in the logo should be exactly the same, as noted in the application for a trademark.

FORM 48

On behalf of an individual, an attorney is authorized to file the trademark application with the Trademark registrar. The trademark user affidavit must be submitted in case a claim for the previous trademark was made in the application.

THE ONLINE TRADEMARK REGISTRATION PROCESS

Nowadays a trademark registration can be made online. An individual can take the help of a registered Trademark attorney to file the application online, without visiting the registry office.

THE VIENNA CODIFICATION PROCESS

In the trademark process, Vienna codification is a crucial step. It is an international classification which is given once an individual fills up the application form. At this point, the trademark application for registration will be denoted as – “Sent for Vienna codification.”

EXAMINATION OF TRADEMARK

After the trademark application is given for Vienna classification, the trademark will be checked by the Trademark officer in accordance with pre-set guidelines and procedures. The officer may accept or reject the application as per his/her discretion.

HEARING BEFORE TRADEMARK REGISTER/OFFICER

If a trademark application is rejected, the applicant can go apply for a hearing. If the officer is convinced with the provided documents, then the application will be passed. If the officer isn’t convinced, the application will be rejected. If the applicant is not convinced about the reason for rejection, then he or she can contact the Intellectual Property Appellate Board

TRADEMARK SYMBOLS AND THEIR USAGES

  • R Symbol: Once a trademark is registered, the applicant can start using the ® symbol to signify that the trademark is registered and protected from infringement under the Trademark laws.
  • ™ Symbol: The ™ symbol is used for unregistered trademarks, where the application has been filed. The TM symbol is used to indicate that a trademark application exists with respect to the trademark.
  • SM Symbol: The ‘SM’ or Service Mark symbol is used for the service industry, especially for service mark applications The SM symbol is used for applications which are filed under class 35-45.