Trademark registration is necessary to promote the goods and provides valuable information about product quality. Registration of Trademark gives all the rights to use, allot, and distribute a mark. In India, there is a huge business market. Because of the massive market, the competition level is very tough and huge for business and company owners, where is a large number of new brands or products that keep developing day by day. That's why it is mandatory to protect your brand or logo so that nobody can use your name or logo without your permission.
Benefits of Trademark Registration in India
There are many benefits of trademark registration. Check the lists of benefits below.
Things you must know regarding Trademark Registration in India.
Visual Representation:
Here you can check the types of trademarks you can get registered.
Word Marks
Service Labels
Logos and Symbols
Shape of Goods
Series Brands
Collective Trademarks
Certification Mark
Geographical Indicators
Pattern Marks
Sound Scores
Colour Marks
Three Dimensional Marks
Legal Protection: The registered trademark owner can sue any other party who uses his/her trademark without any permission from the registered company's owner.
Trademark Search: You can search the trademark through the “Indian Trademark Registry Database” or any third party service provider.
Trademark Symbols:
Service Mark (SM) and Trade Mark (TM): It signifies that the trademark registration is not done, it's still pending.
R Symbol: This symbol expresses that the trademark is officially registered, that negligence of any third party will be punished by law.
C Symbol: This symbol is usually used to signify copyright that the owner has over some work, including:
1. Videography
2. Photography
3. Artwork
4. Literary works
5. Software
Class Collection: Every brand name is to be registered following the appropriate class at the application time. Out of the 45 classes, 34 classes include product classes, and the remaining are for assistance.
Documents Required for Registering a Trademark
An authorized firm named TM-48.
Start-up / MSME Recognition.
Applicable fees for Trademark registration.
Details of the owner of the trademark (like name and address).
Date of first use of the trademark.
Details of brand name, symbol, logo for which trademark registration is required.
Certificate of registration under MSME.
Power of attorney to be signed by the applicant.
How to Register a Trademark?
In India, the trademark registry performs all the rules and regulations of the trademark law. The main Head Office of the trademark registry is in Mumbai, and it has branches in Kolkata, Chennai, Delhi, and Ahmadabad. A trademark should be registered under Trademark Act, 1999, and then the registry of trademark registers it.
Step 1: Trademark Search
Always remember to choose a unique name because it will represent your company. There are 45 classes of goods and services under which the trademark can be registered, 1-34 classes are for goods, and 35-45 classes are for services.
Step 2: Mark/Click Search
Once you choose your mark, first, make sure to check whether your chosen trademark is similar to any other already company’s registered mark.
Step 3: Filing Trademark Application
There are two options for filing the trademark application:
File for the "one class" category, you need to fill in form TM-1 with Rs' payable fee. 3500.
The other way to file for multiple class, collective trademark, or series trademark, you need to fill TM-A form.
For Small Enterprise: You have to pay Rs. 4500 for e-filing of the form or Rs. 5000 if you fill the form physically. Confirmation of filing the form will be done online, whereas it takes 15-20 days for confirmation if you fill the form physically.
For Big Enterprise: You need to pay Rs. 9000 for e-filing for form.
Step 4: Application Status
After the confirmation, you will get the allotment number. Once you have received the allotment number, you can use the TM symbol next to your mark.
Step 5: Registration Certificate
After the application approval, they will give you a Trademark Registration Certificate (Valid and protected in India).
Conclusion
It is clear that, without the registration of the trademark, you cannot avail of any benefits of Trademark Registration in India. A registered trademark is a very important asset to protect the company's investment in the brand. In India, the trademark registry performs all the rules and regulations of the trademark law.
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