Trademark Registration For Brand Name or Logo

Did you scribble a lot on paper and drink several cups of coffee to develop your brand name? It's a dozen, right? You should be aware of the fact that a similar idea could be conceived by someone else if the trademark is not registered at the time of adoption. As customers can easily recognize your brand among the competition in the market, it is widely accepted that a unique brand name and logo are the most valuable assets for a business. To avoid trademark violations, it is essential to register your brand name.

The term "trademark" refers to a symbol, combination of letters or numerals used by an organization to distinguish its goods or services from those of competitors. The trademark registration can prevent competitors or other parties from duplicating a product or service. The majority of businesses today are involved in establishing a brand and spend considerable resources on marketing and advertising. It is crucial for businesses to register their trademarks to safeguard their investments from unscrupulous copycats.

Throughout this article, a thorough description is provided of how to register, types of trademarks, and the validity of a registered trademark.

WHY TRADEMARKS ARE BENEFICIAL:

Listed below are some of the benefits of trademarks for businesses: -

In addition to protecting the brand and business, registering a trademark contributes to the goodwill of a company.A strong brand can ensure that longtime customers remain loyal and affiliated with the business because of its ability to bridge the gap between them and the product.Credits are given to the source of the product or service.The company guarantees the quality of its products.A good or service can be promoted through advertising.

REGISTERED TRADEMARK VALIDITY:

As soon as a trademark application is filed with the Trademarks office, the TM symbol is available to the applicant. The applicant can use the R symbol if the trademark is registered. A registered trademark remains valid for a period of 10 years from the date of registration. Trademark registration fees can be paid at the end of a trademark's period of validity.

TRADEMARK REGISTRATION DOCUMENTS:

For India's Trademark registration, the following documents are required:

Details of Applicant like name, address, and nationality.A copy of the trademark or of the logo (preferably in black and white format). Logo is not required, when trade mark is for word.Certificate of Incorporation, in case of Company or LLP.In case the company is eligible for lower filing fee, then required MSME registration.Detailed description of goods or services represented by the mark.Class of trademark under which the application must be filed.Duly stamped and notarized copy of Power of attorney executed in favor of attorney or trademark agent filing applicationSelf-attested copy of PAN card of applicantSelf-attested copy of Aadhaar card of applicant

PROCESS OF TRADEMARK REGISTRATION:

The process of Trademark Registration can be explained as below: -

Step 1:

Search Trademark: The first step is to do searching for required trademark or logo. The search can be completed for various combination of similar marks on the intellectual property website. In case similar marks are found, check the description to see if the mark represents the same set of goods or services proposed by the applicant.

Step 2:

Drafting and Filing of Trademark Application:

In the next step, an application is drafted properly by the appropriate Trademark Attorney. In this regard, Form 48 and Form TM-A is required to prepare for approval and signature of the trademark applicant. One can also pursue trademark registration online. Once a trademark search is completed, the application for brand name registration is required to be filed at the appropriate trademark registry. The application for registration of a trademark must be made in the prescribed manner along with supporting documents and filed along with the prescribed government fee for trademark registration.  When the application is filed, the applicant can start using the symbol (™) mark in superscript. The trademark department reviews the application for any discrepancies and if found complete in all respect the application is marked for examination otherwise a clarification is called. It is also important to keep tracking updates from time to time for the trademark status so that the applicant can know about the stages of the trademark application at any particular point in time.

Step 3:

Show Cause Hearing: When the qualified examiners completed the examination for the brand name registration and if the application fulfils all the requirements of the trademark application, then the brand name is advertised in the trademark journal. If the response to the examination report is not appropriate, then the Trademark Registry may issue a trademark hearing in the matter.

The notice for trademark hearing will be issued to the address provided in the application in addition to uploading the same to the portal. The applicant needs to appear in person or with their agent or lawyer to put before the grounds in favor of the brand name application and request the hearing officer to allow the trademark application to pass ahead in the trademark processes toward the brand name registration.

Step 4: Trademark registration & certification:

Once the application proceeds for a brand name registration, following publication in the trademark journal, a registration certificate under the seal of the Trademark Registry is issued. The details of the Registered Trademark shall be entered into the Central Register of Trademarks maintained by the Trade Marks Registry. The registered trademark symbol (®) can be used once the application is registered in the applicant's name.

The whole process of brand registration takes anywhere around 6-12 months. The brand name accepted for trademark registration will remain valid for an unlimited period subject to the time of renewal of the registered trademark. A registered trademark application must be maintained by renewing the same every ten years.

Thank you for giving your valuable time, if still you have any queries regarding Trademark registration, then please connect us at [email protected] or call us at 9988424211.