Introduction
Let’s say you have created a logo for your stationery brand and you have also created a tag line for your brand. You have been using your logo and tagline for your business and now you are worried that someone might use it to their advantage. What would you do in this situation?
Have you ever noticed the different types of symbols, marks, letters that you are surrounded with? For example, Starbucks logo (the mermaid), McDonald’s mark (the yellow M), Apple logo, Nike swoosh.
How are these symbols or marks not used by anyone else? What is the law that safeguards it and how can you get it registered for your logo? Having your symbols, logo, words, letters, figures as a trademark can help in legally protecting your novel creation.
What is a Trademark?
TRADEMARK is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs used in the course of business that identifies and distinguishes the source of one enterprise’s goods or services from others.
Any substance/matter for being a trademark shall fulfill the following conditions which are as follows:
- It must be a mark as specified and defined under section 2(1)(m).
- Such type of mark must be capable of being represented graphically.
- Such type of mark must be capable of distinguishing the goods or services of one person from those of others.
- The mark must be in use or proposed for use in relation to specific goods and/or services.
There are seven kinds of trademarks which are as follows:
- Product mark
- Service mark
- Collection mark
- Certificate mark
- Shape mark
- Pattern mark
- Sound mark
Need for registration of the Trademark
Trademarks are important for the business. A consumer’s purchasing pattern may depend on the company’s trademark. Thus, it is important for a business person to know the importance of registering a trademark.
It gives a right to the legal owner which can help them to protect their marks from being copied or used by any other person for his pecuniary gain. Thus, it is important for a businessman to know its importance for the growth of their business.
Importance of trademark registration in India is regulated by the Controller General of Patents, Designs and Trade Marks, Ministry of Commerce and Industry, Government of India.
Some of the reasons why trademarks registration is important are as follows:
Legal Protection: When you get your trademark registered by the laws, it becomes legally protected. This means that when you feel that another party has copied your logo or symbols you can take the matter to the court and can sue them. But this can happen only if you have registered your logo or your symbol. Trademark in India is registered under the Trademark Act 1999.
Easy and Unique Identification: Trademark helps to distinguish your product from the rest in easy and unique way. Once the product has got a trademark under the Act, it may be easier for the customer to locate your brand by its logo and name. Registration will guarantee that your logo is not used by any of the competitors. This will give a unique identity to your brand.
Intangible Asset: Trademarks, when registered, becomes an asset to the company. Trademarks become the most useful asset for the company. This can help the company to earn profits in the long run. Trademarks can be transferred, sold or franchised. Thus, it helps the company in the expansion of its business. Many companies have expanded their business because of this. For example, ARMANI has expanded its brand from runway appearances to perfumes and now to eyewear.
Goodwill and Trust: Once your logo is trademarked, customers start to recognize your brand. It helps in brand development which further creates goodwill and trust among the customers. The goodwill of your brand will help in further growth of the business. Goodwill will make the customers loyal to your brand.
Global Recognition: The trademarks of your products are not limited to the borders of India. Once a trademark is registered in India, it can be filed in any foreign state as well. Thus, foreigners can also file trademarks in India.
Economic Communication Tool: Trademarks are easy to communicate despite the barriers such as language and culture. Trademarks will help the customers to easily locate you and connect with you, especially when there is a lot of competition in the market. After this the customers can easily select their desired products.
Documents Required for Trademark Registration
An application is filled to the authorities regarding the filling of the application. Once the confirmation for the application is received, the documents should be gathered.
After the confirmation by the officials, the ™ sign is used by the owners.
The documents required are as follows:
- The logo of the brand or the copy of the trademarks.
- A duly filled application form has to be submitted to the officials.
- Registration of goods and services.
- The details of the applicant should be verified, such as name, address and nationality.
- The type of businesses in which you are involved.
- Registration full address.
- The aim/objective of the business.
- The registered applicant has to sign the power of attorney.
Steps Involved in Trademark Registration
Trademark registration will give the owner the right to sue another person who may have used its logo, symbol or name and the owner will have a legal backup. Trademarks are of cardinal importance to the business and it is one of its most valuable assets.
In India, there are several steps to be followed while registering it, which are as follows:
Step 1 – Choose your unique Brand Name
It may seem an easy task but it is the most important job for a businessman. The selection or creation of a trademark should be done very wisely. This is because once a trademark is created there is no possibility to edit it. The process of converting afterwards will involve a lot of legal process and money and you don’t want to get in there. Therefore, it is advised that the formulation of the trademark should be satisfactory. Once you have created your trademark it is important to conduct a trademark search.
Step 2 – Trademark Search
Once you have created your brand name and logo the next step is to do a quick search to see if your mark has been registered before by anyone or not. If it has not been registered before. You can take it to the next step for the process of class selection. If your brand name or logo has already been registered by someone, there are some procedures that will help you to modify your brand so that the registration does not get canceled.
Step 3 – Class Selection
There are a total of 45 classes in the Trademark Registry. Now, here the question arise what is a class? Trademark provides for your product or services to be classified under different field heads. Each of these sectors or different fields is known as class. For instance, Class 1 is for chemicals, raisins and plastics. Thus, if you are planning to create a chemical brand for your business, Class 1 is for you.
Step 4 – Making the Trademark Application Form
Once you are done with selection of the class, the next step is the preparation of the application form. Along with this some documents need to be submitted:
- Business Identity Proof – A proof of the business is required on the basis of sole proprietor or partnership or similar. Along with this, proof of the business address will also have to be submitted.
- Trademark copy – A copy of your brand name will also have to be submitted along with the form.
- Proof of the claim of identified proposal will also have to be submitted.
- The Power of Attorney has to be signed and submitted by the owner.
Step 5 – Filling the Application Form
Now comes the step of filling the application form. Once the form is filled, the acknowledgment can be obtained immediately in case of e-filing of the form. Once you have received the acknowledgement of the form, you can now use the ™ symbol. The applicant gets two chances to fill the application form for the registration. This means if your form gets rejected in the first time then you can fill the form again.
Step 6 – Examining and identifying the Logo and the Brand Name
After the filling is completed, the registrar will check your logo and brand name and check whether any changes are required due to laws. He also checks whether it infringes any rule.
Step 7 – Publication or Advertisement
This is also one of the important stages of the process. Once your trademark is verified it will now be published by Indian Trade Mark Journal. If there is no conflict of your brand name within 3 months then your brand name is moving towards approval.
Step 8 – Registration of Trademark
After completion of 4 months, when there is no opposition to your Brand Name, the Registrar will issue the Trade Mark Certificate. Woohoo! You will now be able to use the ® symbol next to your brand name.
Cost of the process
There are many steps involved in a trademark. Different amounts are charged at different steps of the registration. The amount required is as follows:
Trademark search may cost you depending on the professional you hire. At Compliance Calendar, we can do it free of cost for you. E-mail us your brand name or logo to info@ccoffice.in INR 4500 is the fee which is required online while filling the application for Individuals/ Small Businesses/ Startups and for others, it is 9000.
If there is an examination report from the Trademark Registry, a fee may be charged by the professional on each reply made to the Trademark Registry. This may vary for different businesses which may charge more or less depending on their experience.
Time taken for Registration
The time taken for registration of a trademark is around 1.5 to 2 years. So, it is a long process. You can start using ™ symbol after application has been made but it takes about 1-2 years to get the ® symbol. If your trademark expires after 10 years then you have to renew it.
Validity
There is a validity period of 10 years which is given to the trademark from the date of application. It is renewable as many times as you want to renew it for 10 years. Renewal must be filed within one year from the expiry of the 10-year period. If the renewal is filled in the last year, a surcharge will be given. The process of renewal involves having you get professional help so that it is easier for you to get legal help in case you make any improvements to the renovation.
Why is it important to safeguard IPR?
There is a continuous effort to protect Intellectual Property Rights (IPR), as it contributes a lot to the national economies of the countries. Dozens of industries across countries’ economies rely on adequate enforcement of their patents, trademarks and copyrights, while consumers use IP to ensure they are purchasing safe, guaranteed products.
Protection of Intellectual Property Rights (IPR) is vital for the economy and for its further development in areas such as research, innovation and employment. Effective IPR enforcement is also essential for health and safety. Specifically, IPR creates and supports high-paying jobs, promotes economic growth and competitiveness, protects consumers and families, helps address global challenges, encourages innovation and reward entrepreneurs. For these reasons, Intellectual Property rights are worth protecting, both domestically and internationally.
How can a Compliance Calendar help?
Compliance Calendar LLP enables a smooth process in Registration of Trademark in India after evaluating various factors. We have a team of professionals who can assist you in Trademark Registration. Talk to us to find out how we can partner in the growth of your brand, logo or symbol and work in tandem to help you grow with your trademark registration.
Conclusion
Trademarks are the most important asset to any business. A brand name will help the customers to find you easily. This will help in business growth. Your brand will be remembered once the customer is happy with the purchase. Registering your trademark in India is probably the lengthiest task. It takes years to get your trademark registered but the process is well worth it. It is an investment you make for your business. This process involves a lot of steps and a lot of money. If you are a beginner, trademarks may not be necessary for you.
You must be very careful while deciding on the logo or symbol of your brand because there is no turning back. Once you have registered your symbols, the transformation process is very difficult. Thus, it is recommended to choose or make wisely. In India, a lot of businessmen are aware of the registration of the trademark policy.
There are only a few people who have complete knowledge about this. People are becoming more aware about this. It is very important for them to know about the trademark. Violation of owner rights can reduce the reputation of the brand and can hinder the business. Taking effective steps is essential when it comes to protecting guard rights.
