A trademark is a one-of-a-kind mark or word(s) that is used to identify a company and its products. Once recognized, that sign or sequence of words could be used by some other entity indefinitely, as soon as it is in operation and all necessary papers and costs have been paid.
Despite patents, which are awarded for a 20-year term, trademarks are perpetual. Nevertheless, in order to obtain security from copycats, businesses must apply for them and acquire ownership verification.
In this article, we would discuss, what exactly is a Trademark and how to do a Trademark registration.
Over decades, trademarks have become closely associated with a company’s identity that you wouldn’t even require to see the name to identify it. Consider Apple’s logo, which is an apple with a bite cut off, Nike’s swoosh emblem, or McDonald’s golden arches, which were recognized decades ago.
One of the most inherent benefits of their employment is the ease with which we identify symbols and words with corporations and their logos. When a customer sees a well-known logo or slogan, they recognize it right away, which can lead to increased preferences and, eventually, sales.
Protecting a Trademark:
Despite the fact that a trademark is granted for the life of a firm or product, businesses must be wary of terms getting generic. When individuals use a current product name to refer to all items or processes that are similar to it, this takes place over time. Those businesses must warn those who abuse the word to stop using it if they want to keep their trademark.
Benefits of Registration with the legalmart:
The proprietor of a trademark obtains three significant benefits until it has been granted:
- Claim notification to any other companies considering utilizing the very same symbol or phrase as its trademark.
- A legal assumption of possession that can deter potential consumers.
- The asserted trademark’s unique rights to use.
The trademark register was founded in 1940, followed by the Trademark Act of 1999. Presently, the Act’s operation or functioning body is the trademark register. It’s also possible to say that they’re working together. The trademark registry, as a working entity, is responsible for enforcing all of India’s trademark laws and regulations.
The trademark registry’s headquarters are in Mumbai, with branch locations in Delhi, Ahmedabad, Chennai, as well as Kolkata. A trademark is recognized underneath the Trademark Act of 1999, and then it would be registered with the Trademark Registry. Prior to actually establishing a registration mark, the registry will verify to see if it fits all of the Act’s requirements.
Application For Trademark:
Again when the trademark is legally accepted, the individual whose name appears as the applicant upon that Trademark Application document would be recognized as the proprietor of the trademark. The candidate could be an individual, a corporation, or an LLP, and they can file a trademark registration request.
How To Register?
The registrar of trademarks is in charge of the registration of the mark. There may be a few procedures to follow when you want to register a trademark.
- Choosing It –
Remember to select a distinctive and different mark to identify your organization. The class in which you belong is also a crucial aspect. Presently, the trademark can always be registered in 45 different types of products and services.
- Mark Search –
It’s a good idea to run a search after you’ve decided on a mark to see whether it’s comparable to the one that’s already been registered. You could do this independently by visiting the Controller General of Patents, Innovations, and Trademarks’ online page.
There is an opportunity to conduct a public inquiry on the website. Once you’ve selected this option, you’ll need to select your class and conduct a search of the online catalog.
Another option is to hire legal counsel, which, while more expensive, is the safer bet. The total amount of legal assistance would be reduced if your trademark is disputed. They will not only conduct the search but will also assist you throughout the process.
- Filing –
– Submit a trademark application under the “one” class. That is, the trademark would only be authorized for the category that you specify by completing the TM-1 form.
The other alternative is to register a trademark for many classes or divisions, or a collaborative trademark by completing the form TM-A. This application lets you acquire a trademark in more than one class.
You would be given an allocation code when you have received notice of the application’s submission. With this allocation number, customers can track the status of your application digitally. This will take time; provided there are no issues with the file, you should find out if your request has been accepted or denied in 18-24 months. This could take much longer if there seems to be an issue.