What is Trademark? Registration Process? Benefits of Trademark Registration in India.

What is Trademark? Registration Process ? Benefits of Trademark Registration in India

Trademark is basically the identity of a brand. It is a visual symbol, which is used by a business to distinguish its goods or services from other similar goods or services originating from a different business. It basically comprises of the shape of the goods, it’s patterns, designs, and packaging, etc. The name, logo, product or service is the crux of a business and thus, formulate a part of its trademark. It becomes very important for any of the business to protect its intellectual assets with Trademark Registration so that no other similar entity can use its brand name and goodwill without licensing and prior permission

Trademark Registration Process in India

The very step in the trademark registration process involves checking out if the trademark picked by you already exists or not by conducting a trademark search. If the selected trademark is available, then you require verifying the type of the trademark. If in case the selected trademark is not available, then with some expert guidance, you can decide on a similar mark. Also, if your proposed mark is unique, then the possibility of its rejection shall be quite low.

The next step involves choosing the right class under which you will register your mark. For instance – if your product is something related to hair oil, cosmetics, or body lotion, you will have to apply under Class 3. After selecting all these things, comes the stage of filing the trademark application, where you need to fill in the required details to get the registration process initiated. The registrar then conducts an examination process to check the viability of the mark.

If the proposed mark is accepted by the registrar and doesn’t face any objections, then you will receive the trademark registration certificate and can use the ® symbol on the corresponding product or service

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Benefits of Trademark Registration:-

Trademark allows you and a third party to distinguish your commodities and services from those pertaining to your competitor. However, it would be helpful to hold in mind that geographical names, familiar names, fair trade words and common compression cannot be registered as a trademark.

Apart from existing unique, a Trademark should be simple to use, make your goods marketable and generate brand recognition for your products. Benefits of Trademark Registration are as follows:

1. Exclusive identification: The product and services provided by the business are uniquely identified by consumers and audiences. This helped to build a market reputation and thus, becomes the face of the business entity. It ensures the sole ownership of a particular symbol, logo, name, such that it is not misused.

2. Exclusive rights: The right to exclusively use it in respect of the goods and services offered by the business entity.

3. Legal protection: Once the trademark is registered, an infringement of the existing trademark can be sued by the owner. Thus, it gives certain legal protection in following situations:

• Before any trader creates their trademark

• Avoids chances of infringement as in the process one might find trademark through Trademark Database or Trademark Registry.

• In cases when a trader tries to register the same brand name as existing in the Trademark Registry, it would be objectionable in the Trademark’s Office.

• In case of infringement, one is able to receive the right to claim under certain conditions.

4. Building up trust or Goodwill: Serving quality products and services under a registered trademark builds up an image of the business entity in the marketplace. It also portrays that the business cares about the brand building and this passes on positive values about the brand to the customers or public.

5. Global permits: Trademark registration in India helps the domestic traders in getting exposed to the global market through International Trademark System. It is important to note that even Non-Resident Indians and foreigners are eligible to register a trademark in India. On the other hand, Indians can register their trademarks globally.

6. Protection from infringement claims: Once the trademark is registered, one can be sure of the infringement claims. This means if the trademark is recorded, one may require a proper legal evidence in order to defend a trademark publicly.

7. The value in the market: A trademark standardizes the product and services provided by the business entity in the market. This builds up the value of the brand such that it is easy for a customer or a potential customer to spot the company or brand in the market.

8. Hypothecation or security: A registered trademark can be hypothecated for the purpose of security in order to secure loans. Here it is pledged in a similar manner as a immovable property is bonded.

9. Intangible property: In the legal sense, a registered trademark is often referred to as an identifiable intangible property. It attaches to the reputation or goodwill of the product.

10. The right to use the symbol R: Once registered, one may use the symbol for goods and services listed in the registration.

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Trademark Symbols Classification

• Trade Mark (TM) and Service Mark (SM)

This symbolize that the trademark has not yet been registered, but an application for the same is pending. It is put up to warn third parties lest they infringe upon the same. There is no specific legal significance as such because the application has not yet been approved by the authorities.

• R Symbol

On the approval of the trademark application, you, as the proud owner of the newly registered trademark, are empowered to display the R symbol next to the trademark. This symbolizes that the trademark is officially registered, that infringement of any kind by a third party will be punishable by law.

It is not mandatory to display the R symbol. However, it protects the owner of the trademark in a way that, should anyone rip-off the actual product, on suing the third party for infringement, he has a right to recover all the profits that were lost. This is because the court requires the owner to prove that the infringer was aware of the fact that the trademark was registered and yet went ahead to use it without any prior permission.

• C Symbol

The C symbol is generally used to signify copyright that the owner has over some creative work. This includes:

– Artwork- Photography

– Videography

– Literary Works

– Software

The C symbol is valid for a lifetime. The symbol is used with the copyright holder’s name and the year of the first publication in the country where the work was copyrighted. All in all, there is a lot that one must be aware of when it comes to trademarks and their registration. The process, in itself, is quite tricky, which is why the applicant must carry out proper research concerning the same. Therefore, registering your trademark has benefits aplenty provided it is done with due care.

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