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WHY TRADEMARK REGISTRATION IS IMPORTANT
In today’s world where businesses compete globally, creating a strong brand identity is really important to do well. One great way to protect this identity is by registering a trademark. In India and many other places, trademark registration is super important. It gives lots of advantages and protections to businesses. This article wants to explain trademark registration in India in a simple way. We’ll talk about what it means, why it’s important, the good things it brings, how it’s different from copyright and patent, how to do it, and the important things you need to remember.
WHAT IS TRADEMARK
A trademark is like a special mark, word, or picture that a company uses to show that its stuff (like products or services) is different from what other companies have. It’s like a badge that helps customers know the company’s things are good and come from a certain place. This badge helps companies make customers like them and trust them more. So, trademarks are really important for making people remember and trust a brand.
THE IMPORTANCE OF TRADEMARK REGISTRATION
A trademark registration gives lots of good things to businesses in India:
- Special Rights and Legal Safety: When you register a trademark, you get special rights to use that mark only for your stuff, like products or services, in certain groups. This legal safety stops others from using a similar mark that could confuse people and make your brand less strong.
- Being Different and Known: A registered trademark makes your business stand out in a busy marketplace. It helps people easily know and remember your things, like what you sell or do. This makes your brand more known and remembered.
- Stopping Copying: Having a trademark registration stops others from trying to copy your mark. It warns them that you can take legal action if they try to use something like your brand to make people think it’s yours.
- Valuable Thing: A registered trademark can become something valuable for your business. You can let others use it for money, like letting them sell products with your mark on them. You can even sell or share it, making more money and increasing how much your company is worth.
- Protection Everywhere: Trademark registration doesn’t only work in one country. It can help protect your brand in different parts of the world too. This happens through special agreements and rules between countries.
- People Trust You: People often think registered trademarks mean good quality and trustworthiness. When people trust your mark, they are more likely to buy your things and stick with your brand.
So, getting a trademark registered is like getting a bunch of benefits that make your business stronger and more successful.
COMMON MISCONCEPTIONS ABOUT TRADEMARKS
- Trademarks Aren’t Just for Big Businesses: Don’t think trademarks are only for big companies. Any business, no matter its size, can benefit from getting a trademark. It helps protect your stuff, even if you’re a small business.
- Domain Names Aren’t Enough: Just getting a website name (domain) doesn’t keep your brand super safe. Trademark registration is stronger. It stops others from using names that look like yours and gives you better legal rights.
- Trademark Protection Isn’t Automatic: Using a trademark doesn’t automatically keep it safe. Registering your trademark gives you more legal power and helps a lot if someone copies your stuff. It’s like making your trademark extra strong.
COST OF TRADEMARK REGISTRATION
Trademark cost have a few parts you should know:
- Trademark Application Filing Fees:(online)
For Individuals, MSMEs, Single firms, and Startups: ₹4,500 per class.
For Company, LLP, Partnership Firms, and other cases: ₹9,000 per class.
- Trademark Application Filing Fees:(offline)
For Individuals, MSMEs, Single firms, and Startups: ₹5,000 per class.
For Company, LLP, Partnership Firms, and other cases: ₹10,000 per class.
- Expedited Processing Fees: (To speed up the registration process) Optional fees.
Online Filing Fees:
Individuals, MSMEs, Single firms, and Startups: ₹20,000 per class.
Company, LLP, Partnership Firms, and other cases: ₹40,000 per class.
- Renewal Fees: (Only when a registered trademark is about to expire)
For all business categories: ₹10,000 offline and ₹9,000 online per class.
TRADEMARK VS. COPYRIGHT AND PATENT
It’s important to differentiate between trademarks, copyrights, and patents, as they serve distinct purposes:
Trademark: This keeps your brand’s name, logos, and special symbols safe. It helps people know your things apart from others.
Copyright: This protects things you create, like stories, songs, art, and computer programs. It makes sure others can’t copy or use them without permission.
Patent: If you make something new and useful, like a cool process, machine, or material, a patent gives you special rights. This means others can’t make or use your invention without asking you first.
HOW TO REGISTER A TRADEMARK IN INDIA:PROCESS AND REQUIREMENTS
STEPS INVOLVED IN TRADEMARK REGISTRATION
1.TRADEMARK SEARCH
The first step in the trademark registration process is the trademark search which is required to ensure that your mark is not similar/deceptively similar to any other mark to avoid conflicts in future.
2.TRADEMARK FILING
After successful search, trademark is filed in the form TM-A, with attached documents like TM-48, Affidavit, Invoice, MSME certificate etc. either offline or online. Online trademark registration for brand name and logo is quick and effective. In case of an online filing, acknowledgement receipt with application number is instantly generated on the government portal. After receiving acknowledgement, one is eligible to use TM symbol beside the brand name.
3.FORMILITIES CHECK PASS
If the basic requirements of the trademark application are complied with like filing of TM-A, power of Attorney, user document, Affidavit, proper fees, translation and transliteration of the mark etc. the status reflects “Formalities check pass”, otherwise the status shows “Formalities check fail”. If status is “check fail”, all the objections to be complied within the prescribed period to keep the application alive.
4.VIENNA CODIFICATION
This stage of application for device mark only. The moment a logo/device/artistic work is filed, same is send to Vienna codification process to be conducted by Trademark Registry. The main purpose of such an exercise is to prevent duplication of the logo/device etc.
5.MARK FOR EXAM
In this stage, trademark application is assigned to the examiner, who either issue examination report or accept the application. If the application is accepted, the same is published in the Journal for objection.
An examination report of a trademark is issued by an Examiner on the following grounds:
- Mark is objectionable under Section 9 of the Trademark Act (absolute ground)
- Mark is objectionable under Section 11 of the Trademark Act (relative ground)
- Whether any condition, limitation or restriction is required to be imposed.
Whenever an examination report is issued, appropriate reply to be submitted within one month to keep the application alive.
6.OBJECTED
In this stage, application is kept waiting for hearing. Application which reply are submitted generally show the status “Objected”. The applicant is required to submit Affidavit, user documents etc. before the hearing.
At the time of hearing, hearing officer will hear the arguments of applicant/attorney/agent and pass necessary orders accordingly.
7.ACCEPTED & ADVERTISED
If the hearing officer accept the trademark application, the status will reflect “Accepted”. After acceptance, the trademark is published in the Trademark Journal published weekly and contains the details of all trademark that has been accepted by the department. The waiting period of a trademark in the Journal is 120 days. During this period, third party can raise objection against a trademark by filing an opposition within the Journal period.
8.REFUSED
If the hearing officer for any reason, do not accept the application, it is refused and status will reflect “Refused”. There is scope for review of the refusal order before the Registrar of Trademarks if sufficient grounds exist.
9.OPPOSED
In case, after the advertisement of the trademark in the Journal, a third party files an opposition to the registration of the trademark within the 4 months from the date of advertisement then the trademark status in the Indian trademark registry website will show as ‘Opposed’.
A third party usually files an opposition when there is a similar trademark published in the journal or if the trademark is alleged to be deceptively similar.
The trademark status changes from “Accepted & Advertised” to “Opposed”, after a notice of opposition is filed by an opponent (third party). The notice is served on the applicant which states the ground of opposition on which the opponent rely.
After receiving the notice, applicant is required to file counter statement within 2 months from the date of receipt of the notice of opposition. If no reply is submitted within 2 months by the applicant, the status changes from “Opposed” to “Abandoned”.
10.WITHDRAWN
The status of a trademark application is reflected as “Withdrawn”, when the applicant voluntarily files an application before the Registrar of Trademarks to withdraw the trademark.
11.REMOVED
The status of a trademark is reflected as “Removed”, when the Trademark is permanently removed the trademark registry. The removal can be for various reasons like non –renewal of the trademark, non-use of trademark, trademark remaining wrongly in the registry etc.
12.REGISTERED
When there is no objections or opposition against a trademark within the stipulated period of Journal publication, the trademark is registered, granting the owner the exclusive rights to use the mark with symbol ® with the specified goods or services.
13.RENEWAL
Trademark registration is valid for 10 years and can be renewed indefinitely. It is safe to renew the trademark before expiry to avoid penalty.
KEY REQUIREMENTS FOR TRADEMARK REGISTRATION
To ensure a smooth trademark registration process, adhere to these essential requirements:
1. Distinctiveness
Your mark must be distinctive and capable of distinguishing your goods or services from others.
2. Uniqueness
Ensure that your mark is not identical or confusingly similar to existing registered or pending trademarks.
3. Appropriate Goods/Services Classification
Accurately classify the goods or services for which you intend to use the trademark. These classifications are based on the Nice Classification system.
4. Representation
Provide a clear representation of the mark, which could be a word, logo, symbol, or combination thereof.
5. Applicant Details
Include accurate details of the trademark owner or applicant, along with proper documentation.
THE ROLE OF TRADEMARK PROFESSIONALS
Trademark attorneysare like super-smart experts in trademark rules. They’re not only for court stuff – they help you with everything about getting and keeping a trademark. They guide you, check really carefully if others have the same trademark, do all the needed paperwork, fix any issues that might show up, and make sure nobody copies your brand.
Having a trademark attorney is really useful because they do more than just know the rules. They give you smart advice, help with confusing paperwork, and increase the chances of getting your trademark approved and safe. They’re like a secret power for your brand!
CONCLUSION
If you have a business and want people to know and trust your brand, registering a trademark in India is really important. It helps keep your special business aspects safe and lets you do well in a competitive market. Trademark registration is not only about legal protection, it also helps others recognize your brand, trust it, and see it as something valuable. By learning about trademarks and following the steps to register, businesses can make sure their brand is safe and special in India.
