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Trademarks

Register Your Brand’s Identity to Hold On to Your Uniqueness in the Market

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

A symbol, word, number, or even a mix of colours may capture your brand’s identity. This identity keeps up your uniqueness in the market. Trademark Registration 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. Register Your Brand Identity and know more about it.

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 fraud 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.

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 in will become public once filed and also, the filing fee is not refundable.
Secure your brand’s identity with our expert Trademark Registration service. Protect your business with precision and professionalism.

Register Your Brand Identity : Filing Your Application

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 the 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. Register your trademark to hold on to your uniqueness in the market.

Advantages of Register Your Brand Identity in the USA

Getting a tm registration in india 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 a 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 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.
  • Register Your Brand Identity allows the company to claim against any other company copying their trademark and take legal action against them. Thus, register your trademark to hold on to your uniqueness in the market.

Steps to Trademark your Company Name

The first step in the process of registering a brand name is to create a user account on the trademark registry’s official website.

  1. Register on the trademark office portal

The first step is to create an account on the trademark registry’s official website, https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx. After logging in to the trademark registry’s official portal, the user can log in using either the User ID or the digital signature.

  1. Trademark Search

One of the foremost steps before registering a brand name is to conduct a trademark search to see if the business name, brand, or logo is similar to any other existing trademarks. Here you can conduct a free trademark search. 

  1. Filing of Trademark Application

After completing a trademark search, an application for brand name registration can be filed with the appropriate trademark register. The application for trademark registration must be made in the required way, along with the accompanying documentation, and must be accompanied with the prescribed government fee for trademark registration. After filing the application, the applicant may begin utilizing the symbol (TM) mark in superscript. Online trademark registration is another option. 

Once the trademark application is filed, the trademark department evaluates it for any errors and marks it for inspection if it is judged to be complete in all respects; otherwise, a clarification is necessary. It is also critical to keep track of trademark status updates so that the applicant is aware of the stages of the trademark application at any given time.

  1. Examination of Trademark Application

Qualified examiners at the trademark registry conduct an examination for brand name registration, and if the application meets the necessary conditions of the trademark application, the brand name is advertised in the trademark journal. 

However, the application may be handled as objected under absolute grounds of rejection and/or relative grounds of refusal as provided in the Trade Marks Act, 1999, and an examination report is issued as a result. 

The Trademark Registry requires that any objections or discrepancies submitted in relation to the trademark application be handled within a specific time frame.

  1. Show Cause Hearing

If the response to the examination report is insufficient, the Trademark Registry may hold a trademark hearing in the case. During the hearing, the applicant can also portray the brand name in a way that appears original and distinctive to the trademark officer. 

The trademark hearing notice will be mailed to the address specified in the application, as well as uploaded to the portal. The applicant must appear in person or with their agent or lawyer to provide the arguments in support of the brand name application and request that the trademark application proceed in the trademark proceedings towards brand name registration. 

  1. Publication of Mark in Trademark Journal

The trademark is published in the Trade Marks Journal after it has been examined. There is a four-month period during which the application for brand name registration is open to opposition. If the opponent files an objection, the Registrar will hold a hearing to make notice of adequate grounds from both parties to substantiate their claims. The Registrar of the appropriate trademark registration determines in favor of either party to the case based on the facts of the case and supporting documentation.

  1. Trademark Registration & Certification

Following the publication of the trademark application in the trademark journal, a registration certificate bearing the Trademark Registry’s seal is issued. The details of the Registered Trademark must be entered into the Trade Marks Registry’s Central Register of TradeMarks. Once the applicant’s trademark application is registered, the registered trademark symbol (®) can be used.

The entire process of registering a brand name can take anywhere from 6 to 12 months. The accepted brand name for trademark registration will be valid in perpetuity, subject to the time renewal of the registered trademark. A registered trademark application must be kept current by renewing it every ten years. 

How to Register a Trademark

Registering a trademark involves a few important steps:

  1. Choose a unique and representative mark for your company, and determine the class of goods or services it belongs to (there are 45 classes).
  2. Conduct a search to ensure your chosen mark is not similar to existing registered trademarks. You can do this yourself online or seek legal services for assistance.
  3. Fill out form TM-A for the trademark application, indicating if it belongs to multiple classes. Pay the appropriate fee based on your business status (start-up, individual, etc.).
  4. Provide all necessary details and a picture of the trademark with specific dimensions. Submit the application online or physically, along with the required duplicates.
  5. The confirmation of filing will be immediate if done online, but may take 15-20 days if filed physically.

Completing these steps will help protect your brand and give you exclusive rights to your trademark.

Importance of Trademark Registration in India

Trademark registration in India holds significant importance for businesses due to the following reasons:

  1. Exclusive Rights: Trademark registration grants the owner exclusive rights to use the registered mark for the goods or services it represents. This prevents others from using the same or similar mark, Register Your brand identity.
  2. Brand Value: A registered trademark enhances the brand value of a business. It establishes a unique identity, making it easier for customers to recognize and trust your products or services.
  3. Business Goodwill: A registered trademark helps in building and securing business goodwill. Customers associate the mark with the quality and reputation of the company, leading to customer loyalty and increased market presence.
  4. Legal Protection: Trademark registration provides legal protection against any unauthorized use or infringement of the mark. It allows the owner to take legal action against those attempting to copy or imitate the brand.
  5. Advertising and Public Relations: With a registered trademark, businesses can advertise their products or services more confidently, knowing they have legal backing. A recognizable mark helps in building strong public relations and brand recall among consumers.

In summary, trademark registration offers several benefits, including protection of Register Your brand identity, business reputation, and legal rights, ultimately contributing to the growth and success of the business.

Below are the simplified steps for Brand Name Registration in India:

Step 1: Surf internet for a brand name that is “wacky-enough”

This is simply the quickest and most effective way for any newcomer to become a catchy, trendy, and intriguing brand name. Choosing a wacky and quirky brand name is a wise move because most generic names are already in use. Furthermore, deciding on a name necessitates a quick research process to ensure that you are not selecting a brand name that is already in use. The best part is that you can invent or coin some words with a mix of generic words to create a unique brand name for yourself.

Step 2: Preparing a trademark application

For online trademark registration, you need to submit the following documents along with your application:

Proof of Business Registration: Provide documents showing your registered business (e.g., sole proprietorship) and identity proof of the company’s directors, along with address proof. For sole proprietorship, the proprietor’s ID proof like a PAN card and Aadhar card can be submitted. For companies, the company’s address proof is needed.

Soft Copy of the Trademark: Include a digital copy of the trademark you want to register.

Proof of Claim in Another Country: If applicable, provide evidence that the proposed mark is being used in another country.

Power of Attorney: Submit a signed power of attorney to your advocate.

Step 3: Filing the application for brand name registration

You can choose between manual filing and e-filing. With manual filing, you need to personally submit the application to the Trademark Registrar’s office in major cities like Delhi, Mumbai, Kolkata, Ahmedabad, or Chennai. It may take 15-20 days to receive the acknowledgement receipt. With e-filing, you can submit the application online, and you’ll get an acknowledgement receipt instantly. Once you receive the acknowledgement, you can use the TM symbol next to your brand name!

Step 4: Examination of Brand Name Application

The Trademark Registrar reviews your application to ensure it follows the required terms and complies with the law. They check for any similarities or duplicates with existing brands. Choosing a unique and quirky brand name can be helpful at this stage.

Step 5: Publication in the Indian Trademark Journal

After examination, your brand name is published in the Indian Trademark Journal. Within 3 months (or 120 days in some cases) from the publication date, there should be no opposition. If no one objects, you will receive the Trademark Registration Certificate.

Step 6: Trademark Opposition

If someone opposes your brand name within 3 months of publication, the Registrar will notify you, and you must respond with a counter-statement within 2 months. If you don’t respond, your application may be rejected. However, if there is no opposition, your brand name moves closer to receiving the Trademark Registration Certificate.

Step 7: Hearing on Trademark Opposition

If there is no opposition to your trademark, this step won’t apply to you. However, if someone opposes your trademark and you respond with a counter-statement, the Registrar will set up a hearing. Both parties will present evidence to support their case. After the hearing, the Registrar will decide whether to accept or reject your trademark application. If accepted, you will proceed to receive registration.

Step 8: Issuance of Trademark Registration Certificate

If there is no opposition or your trademark is accepted after the hearing, the Registrar will issue the Trademark Registration Certificate with the official seal. You can proudly use the registered trademark symbol (®) next to your brand name from this point onwards. Congratulations, you’ve successfully created and registered your brand name!

Steps to Create Your Brand

  1. Find Your Purpose: Understand your target audience and the current market to determine the purpose of your business. This clarity will guide you in building your brand value effectively.
  2. Create a Catchy Slogan: Craft a memorable slogan that reflects your company’s mission and sets it apart from competitors. A unique and creative slogan can leave a lasting impression on customers.
  3. Design an Attractive Logo: Invest in a professional designer to create an eye-catching logo that represents your business and helps customers remember your brand.
  4. Showcase Your Unique Qualities: Highlight what makes your business different from others in the market. Focus on providing a distinct service or quality that sets you apart and resonates with customers.
  5. Keep Adapting and Evolving: Building brand value takes time and effort. Stay open to learning, adapt to trends, and update your brand elements accordingly. An evolving brand will have lasting value in the market.

Conclusion

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 a trademark with the several benefits along with it.

FAQs

How can I register a brand name?

To register Your brand identity name, use Vakilsearch's expert trademark registration services. Our professionals will simplify the process and protect your brand with ease.

Where should I register my brand?

You can register your brand at the appropriate Trademark office. Vakilsearch ensures a seamless registration process for your trademark, safeguarding your brand's uniqueness. Seek us out today!

Can I register a trademark myself?

It is almost impossible to register a trademark yourself. It's recommended that you rely on Vakilsearch's expertise for a smoother trademark registration process and robust protection.

How can I register my logo for free?

Trademarking for free is not yet possible in India. Register your logo at the most affordable fee using Vakilsearch's top-notch trademark services, ensuring secure and cost-effective registration.

How can I register my logo in India?

Register your logo in India with Vakilsearch's professional guidance, adhering to all legal requirements for comprehensive protection.

Can I register a brand without a company?

Yes, you can register a brand without a company. Vakilsearch aids in individual brand registration, safeguarding Register Your brand identity.

How much does brand registration cost?

The cost of brand registration varies; trust Vakilsearch to offer competitive pricing and efficient services, tailored to your needs.

Is brand registration compulsory?

While brand registration is not compulsory, it's wise to register Your brand identity from infringement. Vakilsearch ensures comprehensive trademark protection for your business.

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