THE CONCEPT OF “TRADEMARK REGISTRATION”

A trademark that is otherwise cited as “mark” can be explained as a unique indicator, symbol, graphic design, word, emblem, color combination, the shape of packaging, or signature, which has a legal recognition that distinguishes a product or service from its competitors. A trademark can be used either by an individual, firm, or business entity. Even smell and sound can be trademarked in some cases.

The Trademark Registration is exercised by “Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry”, Government of India and the process is governed by the “Trademark Act 1999”. The Trademark Registration is categorized under different classes that are selected by the applicant. Once the mark is registered the applicant will be allotted with TM number which allows to track your application and also be authorized to use the ™ symbol for the products registered under a particular class and on successful completion of Trademark Registration® symbol can be used for the product. And the Trademark Registration will be valid for 10 years which can be renewed thereafter. To ensure a unique and attractive trademark for a business, you must establish a connection between your product and the mark that easily catches the attention but different from other existing trademarks used by competitors.

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WHY TRADEMARK REGISTRATION IS IMPORTANT?

EXCLUSIVE RIGHTS: – Ensures exclusive rights for the owner of Trademark to use the same trademark for all the products falling under the class(es) registered and avoid usages of the same mark by the adversaries.

STRONG LEGAL GUARD: – Extends legal protection from infringement of the owner’s rights from the deceptive use of the trademark by competitors.

BUILDS GOODWILL AND FAITH: – The mark will act as an indicator of the quality of the product as it has legal recognition.

UNIQUE IDENTITY: – It allows consumers to identify the product offered by the owner.

VALIDITY: – The registration assures protection of the mark for 10 years at a very low maintenance cost.

IMPROVES MARKETABILITY: – Trademark which is registered acts as an intangible asset to the organization which can be sold, franchised, or commercially contracted.

GLOBAL TRADEMARK REGISTRATION FILING: – Global Trademark Registration is another highlight of registering the trademark as the registration of the mark done in India can be used as a basis for registering the mark at any other country.

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION

1. APPLICANT’S IDENTITY PROOF

The applicant must produce proofs such as passport, Aadhaar card, driving license, voters ID or ration card.

2. PROOF OF BUSINESS

Where the applicant is a corporate entity, then documents like Partnership Deed, Registration Certificate or Incorporation Certificate must be submitted.

3. FORM TM 48

Form TM 48 of the Trademarks Act 1999 is a form to authorize an agent/attorney to file an application for Trademark registration on behalf of the applicant. The form must be duly filled, dated and signed for submission by the applicant.

4. LOGO WITH TAG LINE

The logo to be trademarked which is designed by the applicant must be submitted most preferably in black and white format. But in case the application trademark is made only for a word the logo submission is not mandatory. The applicant must be vigilant in ensuring that the words mentioned in the application must match with the words contained in the logo.

5. USER AFFIDAVIT

When a claim of prior usage is made in the application, the submission of user affidavit is made mandatory.

ELIGIBILITY OF APPLICANT FOR TRADEMARK REGISTRATION

An individual, firm, or business entity is eligible to apply for registration. The person applying for the Trademark Registration must be the proprietor of the goods and services provided. And the registration shall be done at the Trademark Registry located within the jurisdiction of the principal office of the proprietor and at a situation where the principal office is located outside India then the application shall be filed in the jurisdiction where the services are provided in India.

REQUIREMENTS FOR AN IDEAL TRADEMARK REGISTRATION

By considering the following points you can create an eye-catching unique trademark that can serve the purpose of Trademark Registration.

• The mark should be capable of being expressed graphically i.e in the paper form.

• It must be distinguishable from those marks used by the owners of similar goods and services.

• The mark should indicate a connection with goods and services involved in the trade or business.

• It should not deceive the public or cause confusion, hurt religious sentiments, be scandalous and obscene or be prohibited under Emblems & Names (Prevention of Improper Use) Act 1950.