Trademark registration is a time-consuming procedure that needs regular maintenance. Trademark laws assist in the regulation and enforcement of legal rights associated with brand-building aspects such as logos, symbols, and business names.
A trademark is a distinct identification that distinguishes your organisation, product, or service from the competition. A trademark registration is the intellectual property/intangible asset of your company. It safeguards the investment you’ve made in building trust and loyalty among your consumers.
The registration gives the ability to sue anybody who attempts to duplicate your trademark and prevents others from using a similar trademark to the one you registered.
Why Is Trademark Registration Important?
Trademark registration is important and necessary for a business because:
- It showcases your unique identity
- It helps you build trust and loyalty among your customers
- Further, it offers legal protection for your brand’s identity
- It is an asset in itself
- It prevents unauthorized usage of your brand’s identity.
How Do I Apply For a Trademark With Vakilsearch?
Here is why you should choose Vakilsearch for trademark registration:
- We conduct a thorough search of the TM directory
- We prepare the authorization letter, so we can file for trademark registration on your behalf
- Our experts guide you with the classes you need to apply under
- We fill and apply with the Registrar
- We constantly provide you with updates until the registration process is complete
- You get the best support throughout the process and all your queries will be answered.
Application For Trademark Registration
A person claiming to be the owner of a trademark may apply for registration. Before registering a trademark, it is necessary to do a trademark search in the trademark office to confirm that the TM design has not previously been registered. One could create:
- Any name that is uncommon
- A coined term that does not describe the nature or quality of goods or services
- Letters, numbers, or a mix of the two
- The right to trademark ownership in line with the law
- Symbols or devices
- A colour combination, or simply a single colour, in conjunction with a phrase or device
- Marks constituting 2D signs
- Shapes of goods and their packaging
- Sound marks.
How to Apply for a Trademark Application
Here is a detailed trademark application procedure:
Trademark search is the very first step to begin registration. It helps to find identical or similar trademarks under the same class. Based on the search result, one has to finalise a trademark with a unique identity.
Next, while applying one needs to be very careful about the class selection. Out of 45 different classes from the trademark registry, you need to select a particular class or sector which you need to register.
Upon filing the trademark application, the examiner would check all the details and approve the publishing in the trademark journal. Any person or entity can oppose the registration of the particular trademark. If there is no objection, the trademark certificate of authorisation will be issued with a validity of 10 years.
If there is objection due to identical trademarks, then the applicant needs to respond to the notice within 30 days. In response to the notice, a hearing date will be announced for the applicant to produce the proof of use and submit all the arguments for the registration of the mark.
Documents and Details Required for Trademark Registration
- Applicant’s name
- Business name & objective
- Brand name or slogan or logo
- Registered address
- Identity proof (Aadhaar card, driving license, passport, voter ID)
Frequently Asked Questions
1. What trademark applications are commonly rejected?
If your trademark is identical to an existing application, would be offensive to religious sensibilities, contains geographical names or common terms, it should be rejected. It would also be rejected if it had the potential to cause confusion.
2. When can I use the ™ symbol?
As soon as you file the application and receive an acknowledgement, you can use the ™ symbol. Once the registration process is complete, you can use the ® symbol.
3. Should I file the trademark in my own name?
Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.
4. How long does it take to get my trademark?
It can take anywhere between 6 months to 1 year for your trademark to be approved. However, we can apply and start using the ™ symbol within a few days if we can get all the details and documents at the earliest.
The process of registering a trademark is lengthy and a little heavy on the pocket, it is definitely worth the investment of legally protecting your brand. Get in touch with our experts in Vakilsearch and register your trademark with the help of our IP experts.