Trademark Registration in India

What is Trademark - 

A trademark is a unique mark or sign that represents a business, and it is used to distinctively identify a company from another and build its credibility among consumers. We always advise our clients to recognize all the IP Rights in the form of Trademark and register every Mark, Brand Name, Label, Product Name, Logo, Punchline, and the Domain Names as the Trademark in India for an effective remedy in case of misuse by any other person.

Type of Trademark 

1. Business Name :The most important trademark is your Business Name, You must protect it immediately before someone else steals it. 
2. Logo of the Company : The logo is the image, artwork or emblems of your business. For Logo Registration, submit a high-resolution JPEG Image.
3. Brands of The Company : The products of business are known by its independent name. It may be a word mark or a device mark (image).
4. Punchline Or Slogan : Punchline or Slogan, like "Ye Dil Mange More" of Pepsi, can be protected by registering the trademark registration in India.

Advantages of Trademark Registration:

1. Exclusive Rights:  The owner of Registered Trademark enjoys exclusive right over the trademark. The owner can use the same for all the products falling under the class(es) applied. Further, the owner can enjoy the sole ownership of the Trademark and can stop other from the unauthorised use of the Trademark under the same class where it is registered. It gives the right to sue the unauthorized user of the Trademark Registered.
2. Builds trust and Goodwill:  The established quality of your product and services are known by everyone through the trademark and which establishes trust and goodwill among the customers in market. It helps in creating permanent customers who are loyal and always opt for the same brand.
3. Differentiates Product: It makes easy for customers to find your products. It makes your product and identity of products different from that of the existing and foreseen competitors and acts as efficient commercial tool. The logo can communicate your vision, quality or unique characteristic of your company and any organisation.
4. Recognition to product’s Quality: It gives recognition to the quality of the product. Customers attach the product’s quality with the brand name and this image is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo/brand name.
5. Creation of Asset: Registration of Trademark creates an intangible asset i.e. Intellectual Property for an organisation. Registered trademark is a right created which can be sold, assigned, franchised or commercially contracted. Also, the Trademark is an intangible asset which gives the advantage to the organisation.
6. Use of ® symbol: Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no one can use the same trademark. It is exclusive of all types of usages as well as rights. If someone else use the trademark then you can also sue the party if the trademark is registered.
7. Protection against infringement: No competitor or other person can use the wordmark or logo registered by you under trademark. However, if in any case one uses it without the approval of the owner of trademark or make any deceptive use of same, the owner can get the legal protection under the Act and stop the person doing so.
8. Protection for 10 Years at low cost:  Online Trademark registration is done on a very low maintainability cost. Once you register the trademark you have to just pay the maintenance cost and renewal cost which is after 10 years of registering the trademark. It is cost efficient and helps your company create an unique image.
9. Attract Human Resources: Young minds aspire to join big Brands as it acts as a magnate. It inspires the positive image of the organisation and thus candidates are attracted towards them easily. This reduces the cost towards hiring and related activities.

Step-Wise Method for Trademark Registration in India

1. Conduct public search of the Trademark
2. File TM Application at the earliest
3. Keep a watch on the application
4. Reply to all communication of TM Office
5. Remember to renew the Trademark every 10th Year.

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