If you have no clue regarding trademark design applications in India, read this blog to understand whether or not trademark design registration in India is applicable worldwide.
A brand’s name and logo play a unique role in the market that the company is working in. These names, signs, symbols, or designs need to be associated with the company and have to be safeguarded at all costs. These give an individual look, feel and sound to the businesses and are named ‘foreign trademarks’ of the company. Every brand has one trademark design registration such as food brands, hospitals, shoe brands, real estate, and much more.
These trademarks help create a visual identity of the particular brand it is associated with. Furthermore, these trademarks establish the presence of the company at the domestic and global levels. It also creates a massive ground for the business to expand while being connected with the rots in the country they are working in. The question, however, is whether the trademarks are applicable around the world or not? Moreover, you will look at the benefits of filing the trademark, and what is the procedure.
Vakilsearch‘s free trademark search tool helps you to check trademark availability before you begin the registration process.
Addressing the Applicability for Trademark Design Registration
The trademark registration process is based on the geographic location of the company. It is pretty domestic, to begin with. However, to create a global presence for the brand, you might be looking for the international presence of your brand and wondering about the trademark’s applicability in other countries.
To clear out the information, the trademark registration will not protect your brand name, slogan, logo, or style in any other country until and unless the company is registered there. A company has to register trademark in every country they wish to make their business expand. It is important to take note of the central international conventions to ease the work of registering trademarks. The Madrid Protocol is the central system for registering trademarks. It allows companies to register their trademark in different countries. The Madrid Protocol has supporting members of countries that make you eligible to have your trademark in those countries.
File a Trademark in India – Benefits
If your company is looking toward a company’s business growth, trademark registration in India can be highly beneficial for you.
Exclusivity
The first and obvious benefit is the exclusive rights over the uniqueness of your business. It creates a sense of complete ownership for your company’s visual branding. Furthermore, you can benefit from the goods coverage section of the Trademark registration under the Trademark Class. In addition, you can persecute the companies trying to violate the rights of visual identity. The identity theft of brands is real and Trademark can be very harsh against them.
Create High-Quality Standards
A trademarked company have more value in terms of goods and services they offer in the market. It creates a high sense of reassurance to the clients that the company associates itself with higher standards of quality and withstands its palace in the market. It indeed adds to the success rate of the company in the market and helps achieve a better brand name among the customers.
Symbol Representation
If a company has a logo or symbol that is trademarked, it becomes easy for them to market the brand name with the logo. The logo establishes the brand identity within the industry and hence adds value to the business. It also allows the company to freely advertise the business in the market for the customers and other brands. It ensures the quality of the goods and services that the company offers to their customers or clients.
Reputation
Building trust and reputation in the market is a must in the present generation and Trademark helps specifically with it. The clients or customers associate a certain standard of quality that the company delivers. It reassures the users that the product or service coming from the company must have been through the right checks to ensure quality. Even so, the company has to hold to its prestige in the vertical they are working in.
Safety from Infringement
The trademark brings multiple benefits but infringement safety is one of the most crucial ones that ensure the safety of the visual identity of the company. The Trademark Act,1999 clearly states that an entity trademarked under the Indian Code can reach out to the court of law if they think that a party is using or associating themselves with eh company’s identity without their knowledge. It is punishable by law and the concerned owner can seek rightful actions against them.
An Organisation’s Asset
Those infringement cases can turn the Trademark to be an asset to the organization. Moreover, it attracts customers and clients due to its value in the market. The logo representation, the visual identity, association with quality standards, and other such benefits add to the Trademark’s value for a company.
The Madrid Protocol and its Working
It is said that a rights of global trademark is not valid globally. However, the Madrid System or the well-known Madrid Protocol helps companies the country-specific trademarks. It allows a company to register for trademarks in different countries around the world simultaneously. It is important to note whether the country your company is looking to trademark is a member of the Madrid Protocol or not.
The geographic boundaries in the case of trademarks can create a problem for companies to start their trade and union in different countries. As it creates a fear of identity theft in other countries, the Madrid Protocol indeed comes to rescue there.
How to Register for Trademark Design Registration
To register for a trademark in India, a company can follow the below-mentioned steps.
Step 1: Apply Online
Head to the Trademark Registry India and fill in the Form TM – A. You do it offline as well by physically visiting the Trade Marks Office. Submit the supporting documents as per the requirements of the application.
Step 2: The Examination
The government authority will send in an examiner to check for all the requirements set up by the government of India. The extensive examination for the trademark application is performed under the written guidelines of the Trade Marks Act, 2016. The report will be sent in within 30 days. The examinee will be given 30 days in case any objections arose in the report.
Step 3: Post Examination
After clearing off the issues from the examination report, the reply will be sent to the examiner for further checks. The examiner may accept or deny the reply according to the requirements and protocols. If the objection persists, the application will be rejected. If cleared, the application will be forwarded.
Step 4: Publication
The publication process of the trademarks involves a fixed time frame for any objections against the trademark. In case of any arguments, the court will hear the opposition party and take the necessary steps. The company also has to resolve the issue if it comes down to it. After the clearance, the registration proceeds further.
Step 5: The RC
After all the examination is completed, the registration certificate is issued against the trademark request. The trademark office seals the deal with an official registration certificate stamp.
Conclusion
The above mentioned process and topics might have completely covered all the important areas regarding the registration of the trademarks. Furthermore, it is important to mention that trademarks can only be registered through the official website of the concerned government of India. If you want to start to get a trademark for trade in another country, you need to reach the Madrid System for further process.
Vakilsearch here will help you through all the steps by providing you with as much detailed information as you need. You can talk to an expert from Vakilsearch to clarify any doubts regarding the process of trademark registration.
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