Getting a trademark for your business is necessary if you have big aspirations for it. A trademark is an investment in an identity for your business that can become a very valuable asset as the business grows.
Marks came to be used as a base to prove one’s ownership over the goods produced by them from ancient times as not many knew how to read and write. From the 10th century, ‘merchants mark’ or ‘proprietary mark’ came into existence. With the gradual emergence of trade and crafts guilds during the 14th and 15th centuries, people started using trademarks as an identification mark for goods and services.
The British Trademark Act of 1875 formalised the whole concept of ‘trademark’ to the modern world. Today the Trademark Act, 1999 governs the trademark registration and related aspects in India.
Why Is Trademark Registration Necessary?
Trademark is a sign that will help you to distinguish the products made by your company from others. All the famous companies around the globe have some specific trademarks of their own. A trademark can be a word, name, symbol or slogan. By trademarking your brand, you are now assured that no one else will ever try to sell products under your goodwill. In case anyone does that, the laws of the country will safeguard you.
Benefits of Trademark Protection
Registering your trademark is always a good idea as it will provide you with lots of benefits. Here are some key benefits of trademark registration:
- By registering, your trademark will be able to stop other competitors from using the same name. This way you will be able to safeguard your business from any extra expenditures related to claim settlements and damages.
- In the modern business market, there are a lot of counterfeiters who try to make money by copying the designs of other successful brands. This can ruin your brand reputation and customer trust. In case your products get counterfeited, you can easily prove that you are the legitimate producer, provided your company or brand is being registered under the Trademark Act.
- Registering also makes you aware of any pre-existing brand in the market. This way you will not end up in any false cases made against you. It will also save you from all the hassles related to rebranding, repromoting, and resetting your company.
- Trademarks will bring a sense of responsibility within you. As an owner, you will always keep on with your hard work to provide quality products to your consumers.
- Additionally, trademarks act as an asset for your company, that can be bought, sold, or licensed. You can also demand royalties if any distributor or shopkeeper wants to use your mark.
Steps to Trademark Your Business
Still, there are few companies and owners who keep on postponing the registration of trademarks until something seriously goes wrong with their business. This can be dangerous as someone else might register the mark you have been building your brand around.
Rather than waiting until it’s too late, get started with the registration process as soon as possible. The following is the overview of the process:
- Search: You need to conduct a detailed search of your trademark logo and brand name before going ahead with registration. You can use our free tool for that.
- Class: Trademarks related to various industries are classified under different classes. In total there are about 45 classes of products and services. Depending on your business type, you can apply to get your business registered under various trademarks at the same time.
- Application: Based on the results of the search, if the trademark is available, the applicant can apply for the mark and start using the ™ symbol with their brand’s logo after receiving the acknowledgement for the trademark application.
- Registration: The trademark office will first conduct an all-round check based on your application, to ensure there is no objection. After the verification, there is no objection and the application is original, the office makes an advertisement in the Trademarks Journal. If there is no opposition from other business owners within the next four months, they go ahead to register your trademarks around six months later.
Documents Required to Trademark Your Business
The documents that you need to provide while making an application to trademark your business are:
- The logo of your brand/business.
- You need to give them a brief description of your business. It is necessary to identify the class of trademark to which your business belongs.
- A signed copy of the Power of Attorney.
- Aadhar card, driving license, or passport of the business owner as identity proof.
- The owner of the business also needs to provide certified documents as address proofs.
Cost of Trademark
The trademark registration fees are:
- ₹4500/- for startups, individual and small businesses.
- ₹9000/- for other cases.
The trademark attorney professional fee is ₹3500/- per application/ per class. However, with Vakil Search, it is just ₹1999/-
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