The Trademark Act of India registers intellectual property in the business owner's name as it plays a prominent role in business safety. You get the ownership rights to use the trademark and seek legal protection in case of infringement.
you are not liable for legal protection in case of a lack of intellectual property registration. it a lengthy process and completed in around 12 months. However, you can start using the logo/ symbol/image/design with the “TM" symbol after filing for the same with the trademark Registrar.
A trademark is a unique identifier assigned to your company, product, or service. It is an intangible asset/ intellectual property of your business that creates trust and loyalty among your customers. A trademark notifies the general public about the ownership rights of the business and distinguishes the product among other similar companies/ products in the market. It gives you the authority to sue anyone who uses a similar trademark registered on your business.
What Can You Register As a Trademark?
You can register your brand image as a trademark. You have to finalize the most outstanding aspect of your business and the name with which you want the public to identify your product.
1. Product Name: Particular name of any product can be registered as a Trademark. For example- the iPod of Apple is a Trademark.
2. Business Name: Getting a Trademark on a business name is the safest way to avoid duplicity in the market. You can register your business name as a trademark whenever you feel the need to do so.
3. Person’s Name/Surname: You can also register any important name as a trademark if it plays an important role in generating revenue. For example- Shahrukh Khan has a Trademark in his name.
4. Abbreviations: Abbreviations such as BMW that denote brand name can also be trademarked.
A symbol/ logo is important for any business. An impressive logo symbolizes your brand name and creates a brand image among the customers. You can apply for a trademark on such symbols as the swoosh sign of Nike and keep your brand image safe and secure.
Taglines have always helped create a brand image. It is better to get a trademark on such taglines to create a separate brand image and save your product from getting mixed with similar products.
- Color Mark: you can get a trademark on any unique combination of colors that symbolizes your brand or product. Cadbury has trademarked the royal blue color for its promotion and branding.
- Sound Mark: Any unique sound mark such as that of Nokia tune gives a separate identity to your product. Such musical notes or sounds can be trademarked to prevent any copying by other similar brands.
- Scent Mark: As mentioned above, if any unique scent mark works as a business or brand identity for your product, you can get a trademark on such scent mark as well.
Trademark Registration Fees
Trademark Registration Fees in India is not uniform as it varies according to the nature and type of business. Generally, you have to pay between INR 4500 to 10000 depending on the category of your business. At present, the fee for a sole proprietor or small business/ enterprise/ company/ LLP (with MSME registration) is INR 4500 and you have to pay INR 9000 to get a trademark for partnership/ company/ LLP without MSME registration.
Trademark Registration Online
If you wish to make your trademark registration online, it can be done by using official websites. For online trademark registration, all you have to do is:
- Submit the required documents online
- Choose a plan and pay online
- Submit application
- Acknowledge and continue
You need to have the following documents
- Your brand logo
- Nature of business
- Valid identity proof
- Address proof
You can check out various plans for the easy process of trademark registration.
Objections and Opposition to Trademark.
In some instances, you may face problems in registering your trademark. These problems arise out of filling incorrect information in the trademark form. The process of trademark registration is delayed due to any wrong information provided in name or any other details such as insufficient information of goods & services or if any similar name or logo or any of your desired trademark already exists in the records of the authorities. The wrong or objected information needs to be provided after giving it a thorough revision with the supporting documents or proof (if any). The objections are clarified within 2-4 months.
Similarly, any other business owner may attempt to stop your trademark application due to the feeling that such registration can impact their trademark in any manner. The final decision authority rests with the registrar and you can appeal the ruling before the Intellectual Property Appellate Board within 3 months of it being made public.
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