We can start protecting your brand with a trademark application and it only takes a day to process.
Look at the requirements, the procedure and the benefits, along with the downside of Trademark application procedure in India.
What exactly is a Trademark?
A trademark defines a unique identity that makes your product or service distinct from the others.Most businesses when they start making money want to protect their brand name and their logo along with a slogan. The only way to protect it from being copied is with a trademark.
How does a trademark give you protection?
Trade Marks Act contains a total of 45 categories or classes, in which Classes 1-34 deal with goods, and Classes 35-45 deal with services.
To register a brand of Coffee called ‘xyz’ and we would first be required to determine the class under which it falls.
Coffee falls under class 30 as a food product , which we can search online for the availability on the official trademarks registry website that is ipindiaonline.gov.in
Government fee of ₹4500 per class if we are a proprietor or individual or an MSME registered business.
It will cost the amount for companies that is ₹9000 per class and of course along with the trademark attorney’s fee which is extra.
With each application we are allowed to have a word mark (brand name) logo and a slogan to the brand name which all 3 can be included with the same application fee per class.
What can we Trademark?
According to the trademark rules, the unique identity can be like a logo, words, images, symbols, initials or a combination of all these can be trademarked.
All of these should be made use of to make your business distinct from the other.
Why trademark matters are…?
Once we register the trademark under the Trademark Act, the registration provides the right to appeal against others who try to copy your trademark, and also no one can use the similar trademark to the one registered by the business or person. When we apply for a trademark, we can start using ™ and once our trademark is registered, we can use the R symbol next to our brand name.
The next part is registering a Trademark helps to protect personal assets and also improves our credibility as all the details of a Trademark can be verified online at the Ministry of Corporate Affairs official website – that’s mca.gov.in
What are the requirements to make a Trademark?
To register- all we need is the trademark owner or the person who is authorized by the trademark owner needs to submit their identity proof. It can be an Aadhar card, driving license, passport, ration card, or voter’s id. The logo should contain the Brand Name applied to register a trademark.
On behalf of you, an attorney is authorized to file for the trademark application with the Trademark registrar. The trademark user affidavit should be submitted in case a claim for the previous trademark was made in the application.
How to make Trademark registration online:
Trademark registration can be easily made online. You can get the help of a registered Trademark attorney to file online without taking an effort to visit the registry office.
The very first step is filing a trademark application. Once the trademark is applied for, one can start using a “™” sign on the brand name or logo as per the application.
Vienna codification is a crucial step. It is an international classification that is given once you fill the application form. If the trademark includes figurative elements or logo, then all such applications will be processed under Vienna codification.
It enables the trademark search of a logo for internal use. Since it is an internal procedure of the Ministry.
The next step is examination of the trademark. The trademark officer checks basic information filled in the application and attached documents. They will verify whether all the information is entered correctly or not.
Verification of the information in case they used other than English or Hindi language, if any user date is claimed or not. The officer might accept or reject the application as per his/her discretion.
If the trademark application is rejected, the applicant can go for a hearing. If the officer can be convinced with the provided documents then the application will be passed. If the officer is not convinced, once again the application gets rejected.
Here both sides will be allowed to argue and put forth their statements. After hearing both sides the officer will pass necessary orders. If the order is in the favor of the applicant then the trademark will get registered otherwise it will get abandoned.
Advantages along with the disadvantages.
The owner of Registered Trademark enjoys exclusive rights over the trademark. The owner can use the same for all the products falling under the classes applied. Further, the owner can enjoy the sole ownership of the Trademark and can stop others from the unauthorized use of the Trademark under the same class where it is registered.
The reputable excellence of your goods and services are known by everybody through the trademark and which builds the trust and understanding among the clients in the market.
It makes it easy for customers to find your products. It makes your product and identity of products different from that of the existing and foreseen competitors and acts as an efficient commercial tool.
Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark.
Disadvantages of Trademark registration:
With a trademark or a brand, you can advertise your company locally as well as globally. Make sure that the name of your brand is distinctive and attractive so that people can easily remember it.
But the demerit of copyright is that it only secures the perspective of an idea and not the entire idea.
Trademarks are additionally in danger for genericization, which happens when the consumers start to connect a brand with ordinary products of similar usefulness.
The prime priority of an enterprise should be registering a trademark in India before chasing protection in other countries.
We can use the ® symbol only if your trademark is registered. If not, we are permitted only to use the ™ symbol. Using the ® symbol without having a registered trademark is illegal.
A registered Trademark can save valuable time and energy. If we don’t possess a registered trademark we have to go through a tedious process of proving their product as ours.
If we don’t have a protected Trademark it may affect you because investors supervise a thorough search of a company’s intellectual property protection before they invest in our enterprise.