All you need to know about Trademark Registration

Last Updated at: May 04, 2020
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All you need to know about Trademark Registeration.

When you own something, make sure that you always have a legal license to own it. Like marriage registration, property registration or patent registration, trademark registration is also must needed. This is to ensure that unlawful and illegal people will not have the ability to copy or represent your business name or logo.

What is Trademark registration?

A trademark is a brand name or logo which defines your product or service. It can be a letter, phrase, number, word, symbol, shape or combination of alphanumeric digits. A unique brand name or logo is used to differentiate your product or service from others in a particular industry. You need to register your brand name or logo to secure legal protection for it. On receiving ™ Application number you can start using the symbol ™. By registering for a trademark, you can assure your customers/clients that your product or service is unique in the market. It represents the source or acts as an identification for your innovation.

Before registering for your trademark, you will need to assess your work on determining which type of trademark suits the best for your product or service. Vakilsearch helps you in applying, filing and registering your trademark. You can also have a word with our expert lawyers before you decide to pick your type of trademark. Also remember that when you get a trademark registered in India, then it is valid only in India.

How to register for trademark?

Step 1:

Check if the trademark picked by you already exists or using Vakilsearch’s free Trademark search option. Also, check on the trademark logo and brand name in the Trademark director. 

Step 2:

If the selected trademark is available, then you need to verify with the type of trademark. If the selected trademark is not available, then Vakilsearch will help you in identifying something similar to that which is a unique one. 

By having a unique trademark logo or brand name, the possibility of rejection of application will be less.

Step 3:

Choose the right class under which you will need to register. There are 45 sectors and each sector is the class that you will have to choose. 

For instance, if your product is on cosmetics, hair oils or lotions, then will have to apply under class 3. Class 3 contains goods and services which includes cosmetics, hair oils, lotions or cleaning preparations. 

Step 4:

If the selection of brand name or logo is finalized, then the application process can begin. Vakilsearch helps in preparing an authorization letter.

Register for your trademark

Step 5:

Fill the required details in the application form and registration will be initiated. The trademark holder can legally sue you for infringement if you use some used trademark symbol or logo or name.

There is no deadline on submission of the application for registering the trademark. You can use the TM or SM symbol before the approval of the registration of the trademark. Those symbols don’t hold any legal significance. But this symbol symbolizes that the owner of the company/business had planned to use this logo or name as a trademark for the company/business. 

After receiving the trademark registration certificate, the symbol ® can be used in the goods and services. 

Click Here : To know about how to do a Trademark Search

Benefits of owning a trademark

  • The first and foremost benefit is that trademark acts as an exclusive rights towards the ownership of your brand name or logo. You can stop others from promoting your brand or logo, without an authorized license. 
  • The holder of the registered trademark can sue a person if the person has infringed the same logo or name. The unauthorized user can be warned or stopped from using your trademarked name or logo.
  • Your quality of product or services will be showcased to the world if you own your trademark. It resembles trust, goodness and conviction to the customers/clients in your field of business. Therefore, customer retention would be higher.
  • Your customers or clients will be able to easily find your product if you registered your design. 
  • It helps people to distinguish between products with a trademark symbol and the one without it. 
  • After registration of the trademark, you can print the ® symbol in your logo representing that your brand name or logo is a trademarked one.
  • Online trademark registration is possible at a low cost. 
  • One can register the trademark in other countries too which will help them establish the brand globally. For instance, if you have registered the trademark in India, then you can use the registration certificate to register your brand or logo in other countries. 
  • It helps the franchise to seek the brand or logo since it would be a very established, renowned brand of name, logo.
  • The owner can transfer his/her registered trademark. The same is not possible for a common law trademark, which can only be transferred with the business.
  • Recognition to product’s Quality
  • Protection for 10 Years at low cost

Read in detail about the advantages of trademark registration

How to renew a trademark:

To start with, remember that you need to begin the process for renewal three to six months before the expiry of the trademark. The Registrar, after all, will only inform you about the expiry of the trademark very close to the last date, and it does take a few months to complete the procedure.

Read in detail about the trademark renewal procedure.

Types of trademark registration:

By filling some generic name or design for your trademark is a waste of time and money since it will be rejected. In such cases, you are supposed to study the trademark laws, types of cases available and then register your trademark. It will qualify for protection and also there are high possibilities of acceptance of your trademark by the DIPP. 

There are 5 important categories of trademark:

  1. Generic Mark:

You cannot register for a generic trademark since it refuses for other competitors to use the same. For instance, if a company that manufactures computer parts comes out with a generic name ‘Computers’, then your trademark won’t be accepted. This ensures that every business should get an opportunity to mark their presence through the generic word as one of the words in the name. The generic word shouldn’t be the entire trademark name. 

2. Descriptive Mark:

A descriptive trademark is the one which describes the characteristics of the service or product. For instance, ‘Best ice-cream shop’ will not be most qualified to receive the approval of the trademark. Since it is very descriptive about its one of the characteristic i.e. ‘best’. 

3. Suggestive Mark:

A suggestive mark describes something about the product or service. For instance, let’s take Amazon. The logo for Amazon company describes in a way that an arrow comes from ‘a’ to ‘z’ which implies that the company contains everything from A to Z. Also, it represents a smile symbol. This doesn’t deal with the product specifications, but if we use our imagination, we can relate it to the company. This is called a suggestive mark.

4. Fanciful Mark:

A fanciful mark is different, unique and gives a new meaning to the word or logo. For instance, the brand name ‘Adidas’ gives no general meaning or is not in the English dictionary. This is distinctive, so trademarking these names would be easy and will possibly not create any problems for registration. 

5. Arbitrary Mark:

An arbitrary mark is a name which has a different meaning but there will be no connection with the brand. For instance, ‘Apple’ is a classic example. The name describes a fruit but in business reality, it is a company which delivers phones and computers.

Vakilsearch helps to conduct a thorough search of the TM directory. We prepare the authorization letter, offer you with advice on the classes, assist you in filling up the forms, and provide you with updates and lots more. Visit Vakilsearch, so your registration would be a hassle-free one.

Why trademark regsitration is crucial?

What if some other business were to use your brand name, without permission, and your only recourse is a painful court proceeding that could take years to resolve? That shouldn’t happen, right? This is where a trademark registration comes into play. It’s not necessary at all. But having one ensures that you have full control over the word, logo or slogan you’ve trademarked.

Read more to know about the importance of trademark registration.

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All you need to know about Trademark Registration

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When you own something, make sure that you always have a legal license to own it. Like marriage registration, property registration or patent registration, trademark registration is also must needed. This is to ensure that unlawful and illegal people will not have the ability to copy or represent your business name or logo.

What is Trademark registration?

A trademark is a brand name or logo which defines your product or service. It can be a letter, phrase, number, word, symbol, shape or combination of alphanumeric digits. A unique brand name or logo is used to differentiate your product or service from others in a particular industry. You need to register your brand name or logo to secure legal protection for it. On receiving ™ Application number you can start using the symbol ™. By registering for a trademark, you can assure your customers/clients that your product or service is unique in the market. It represents the source or acts as an identification for your innovation.

Before registering for your trademark, you will need to assess your work on determining which type of trademark suits the best for your product or service. Vakilsearch helps you in applying, filing and registering your trademark. You can also have a word with our expert lawyers before you decide to pick your type of trademark. Also remember that when you get a trademark registered in India, then it is valid only in India.

How to register for trademark?

Step 1:

Check if the trademark picked by you already exists or using Vakilsearch’s free Trademark search option. Also, check on the trademark logo and brand name in the Trademark director. 

Step 2:

If the selected trademark is available, then you need to verify with the type of trademark. If the selected trademark is not available, then Vakilsearch will help you in identifying something similar to that which is a unique one. 

By having a unique trademark logo or brand name, the possibility of rejection of application will be less.

Step 3:

Choose the right class under which you will need to register. There are 45 sectors and each sector is the class that you will have to choose. 

For instance, if your product is on cosmetics, hair oils or lotions, then will have to apply under class 3. Class 3 contains goods and services which includes cosmetics, hair oils, lotions or cleaning preparations. 

Step 4:

If the selection of brand name or logo is finalized, then the application process can begin. Vakilsearch helps in preparing an authorization letter.

Register for your trademark

Step 5:

Fill the required details in the application form and registration will be initiated. The trademark holder can legally sue you for infringement if you use some used trademark symbol or logo or name.

There is no deadline on submission of the application for registering the trademark. You can use the TM or SM symbol before the approval of the registration of the trademark. Those symbols don’t hold any legal significance. But this symbol symbolizes that the owner of the company/business had planned to use this logo or name as a trademark for the company/business. 

After receiving the trademark registration certificate, the symbol ® can be used in the goods and services. 

Click Here : To know about how to do a Trademark Search

Benefits of owning a trademark

  • The first and foremost benefit is that trademark acts as an exclusive rights towards the ownership of your brand name or logo. You can stop others from promoting your brand or logo, without an authorized license. 
  • The holder of the registered trademark can sue a person if the person has infringed the same logo or name. The unauthorized user can be warned or stopped from using your trademarked name or logo.
  • Your quality of product or services will be showcased to the world if you own your trademark. It resembles trust, goodness and conviction to the customers/clients in your field of business. Therefore, customer retention would be higher.
  • Your customers or clients will be able to easily find your product if you registered your design. 
  • It helps people to distinguish between products with a trademark symbol and the one without it. 
  • After registration of the trademark, you can print the ® symbol in your logo representing that your brand name or logo is a trademarked one.
  • Online trademark registration is possible at a low cost. 
  • One can register the trademark in other countries too which will help them establish the brand globally. For instance, if you have registered the trademark in India, then you can use the registration certificate to register your brand or logo in other countries. 
  • It helps the franchise to seek the brand or logo since it would be a very established, renowned brand of name, logo.
  • The owner can transfer his/her registered trademark. The same is not possible for a common law trademark, which can only be transferred with the business.
  • Recognition to product’s Quality
  • Protection for 10 Years at low cost

Read in detail about the advantages of trademark registration

How to renew a trademark:

To start with, remember that you need to begin the process for renewal three to six months before the expiry of the trademark. The Registrar, after all, will only inform you about the expiry of the trademark very close to the last date, and it does take a few months to complete the procedure.

Read in detail about the trademark renewal procedure.

Types of trademark registration:

By filling some generic name or design for your trademark is a waste of time and money since it will be rejected. In such cases, you are supposed to study the trademark laws, types of cases available and then register your trademark. It will qualify for protection and also there are high possibilities of acceptance of your trademark by the DIPP. 

There are 5 important categories of trademark:

  1. Generic Mark:

You cannot register for a generic trademark since it refuses for other competitors to use the same. For instance, if a company that manufactures computer parts comes out with a generic name ‘Computers’, then your trademark won’t be accepted. This ensures that every business should get an opportunity to mark their presence through the generic word as one of the words in the name. The generic word shouldn’t be the entire trademark name. 

2. Descriptive Mark:

A descriptive trademark is the one which describes the characteristics of the service or product. For instance, ‘Best ice-cream shop’ will not be most qualified to receive the approval of the trademark. Since it is very descriptive about its one of the characteristic i.e. ‘best’. 

3. Suggestive Mark:

A suggestive mark describes something about the product or service. For instance, let’s take Amazon. The logo for Amazon company describes in a way that an arrow comes from ‘a’ to ‘z’ which implies that the company contains everything from A to Z. Also, it represents a smile symbol. This doesn’t deal with the product specifications, but if we use our imagination, we can relate it to the company. This is called a suggestive mark.

4. Fanciful Mark:

A fanciful mark is different, unique and gives a new meaning to the word or logo. For instance, the brand name ‘Adidas’ gives no general meaning or is not in the English dictionary. This is distinctive, so trademarking these names would be easy and will possibly not create any problems for registration. 

5. Arbitrary Mark:

An arbitrary mark is a name which has a different meaning but there will be no connection with the brand. For instance, ‘Apple’ is a classic example. The name describes a fruit but in business reality, it is a company which delivers phones and computers.

Vakilsearch helps to conduct a thorough search of the TM directory. We prepare the authorization letter, offer you with advice on the classes, assist you in filling up the forms, and provide you with updates and lots more. Visit Vakilsearch, so your registration would be a hassle-free one.

Why trademark regsitration is crucial?

What if some other business were to use your brand name, without permission, and your only recourse is a painful court proceeding that could take years to resolve? That shouldn’t happen, right? This is where a trademark registration comes into play. It’s not necessary at all. But having one ensures that you have full control over the word, logo or slogan you’ve trademarked.

Read more to know about the importance of trademark registration.

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Senior Executive - Content in Vakilsearch | Former TEDxSKCET Licensee | Content Marketing | Psychology | Engineering (IT) | Google Developers Group (GDG) co-organizer | WTM Ambassador