Register your Trademark to hold your uniqueness in the market

Last Updated at: Dec 23, 2020
Register your Trademark to keep up your uniqueness in market
SONY can now go ahead with its much anticipated launch of Playstation 5 (PS5) in India. The global launch for PS5 was scheduled for 12th November 2020. But, the same got delayed in India because of a trademark dispute. Hitesh Aswani, a Delhi resident, claimed to have filed for the same trademark way back on October 29, 2019. However, on 26th October,  Aswani withdrew his trademark application and this has paved the way for SONY to launch PS5 in India soon.


Your brand’s identity may be captured by a symbol, word, number, or even a mix of colours. This identity keeps up your uniqueness in the market. This is Trademark Registration and is done with the Ministry of Commerce and Industry, Govt. of India.

Let’s take an example of any product around us, for any product that we pick there happens to be a number of companies and enterprises manufacturing the same product. So, every company aims at differentiating their product from the others. In order to do this, companies make use of the trademark.

What is a Trademark?

A trademark can be any unique symbol, word, numerals, expression, a combination of colors with signs or a design which signifies the source of any particular product and also differentiates it from all the other products of its kind. Any individual or business owner and even others can have a trademark. After seeing a trademark on any product, a customer would easily be able to recognize the product and its source (brand name).

What is the purpose of a Trademark?

The two significant purposes being fulfilled by the trademark are:

  • There have been a lot of frauds happening around. People are selling their own goods in the name of another company. So, the trademark helps the manufacturers to avoid unfair competition.
  • In the field of business, the question “Who made the product ?” plays an important role. Trademark helps a customer to instantly recognize the product and more importantly, the name of the manufacturer, which directly affects the sale of the product.
Online Trademark registration

What should be taken into consideration while filing a Trademark Application?

  • Be sure that you are not confusing a trademark with a patent or copyright. 
  • There are various types of marks present for different types of intellectual properties where each mark offers some specific protection. We choose our trademark from the three available formats:
    1. Standard character mark
    2. Stylized/design mark
    3. Sound mark
  • Registration of a trademark is overall a complex process due to which many people hire an attorney. An attorney will not only give you legal advice but also help you manage all the steps required for the registration before the deadline.
  • Before filing, we must ensure that our trademark is not very similar to any other company’s pre-existing trademark because this creates a likelihood of confusion.
  • The data that we put will become public once filed and also, the filing fee is not refundable.

Filing application for Trademark Registration:

After keeping the above points in mind, we can now start the filing of the application. We make use of the Trademark Electronic Application System (TEAS) for filing the application. You may either choose TEAS plus form or TEAS form and fill it. The TEAS plus form has much lower filing fees, but it has more strict requirements than the basic TEAS form.

You may use the trademark system and document retrieval (TSDR) for monitoring the status of your application. A regular check of status must be done every 3-4 months after the initial filing to avoid missing deadlines.

Advantages of Trademark Registration in the USA:

Getting a trademark registration is quite easy. Additionally, it offers a number of advantages and benefits for the brands. While, it is not compulsory to register the trademark, but it surely is a better option because of its benefits, which include:

  • Many customers buy any particular product just because of the brand tag that the product has. If any company knowingly or unknowingly uses a trademark that is similar to that of our company, then it creates a likelihood of confusion. The trademark registration will help the company to be the exclusive user of their mark.
  • The registration of trademark lets a company have nationwide validity which means that it provides the much-needed protection against infringement not just in your region, but in all fifty states. This also helps a company to grow its business fearlessly.
  •  If a company chooses to file its trademark directly with each country’s trademark office, the US trademark registration can also act as a springboard to international trademark protection.
  • If in the future you feel like selling your business, then it is a known fact that investors prefer to buy a company that has a registered trademark. Hence, you hold a higher chance of quickly selling your business. The registered trademark adds on to the value of your business.       
  • Nowadays, e-business is in trend. People search for the products of their favourite brands online. But there are various duplicates also available on the online platform. So, a unique registered trademark that can be easily recognized by the customer will help the company stand out from the crowd.
  •  The registration of the trademark also allows the company to claim against any other company copying their trademark and take legal action against them.                 


With the massive number of products being available in the offline and online market it makes it mandatory for everyone to get their registration of trademark with the several benefits along with it.

Click here: Register Trademark

Senior Executive - Content in Vakilsearch