Trademarks are an asset for any brand in India. For example, you can locate the “M” from far away and know that there is a McDonald’s restaurant/takeaway over there, or/and when you enter the supermarket, you can figure out what section is for Amul or Mother Dairy products from far away.
The trademark identifies the brand, which the customers trust for the quality products and services. In the long run, the trademark plays an important role in the company’s goodwill.
Trademark application procedures are straightforward and can be broadly divided into three steps:
Step 1: Trademark Search
As the trademark holds the brand’s unique essence, it must be visually impressive. If a trademark is identical enough to be misinterpreted with another registered logo, it shall decline the trademark application.
Along with the design of the logo, you must figure out the class of your product to be trademarked. If there is any resemblance, it can be performed to create an outstanding design.
Step 2: Filing Application
Once the trademark logo is ready, you can proceed with the trademark application process. Along with the trademark registration draft, the Trademark Registration demands the following attributes:
- Soft copy of the logo in JPG format
- Components of the applicant and the brand- name, address of the applicant and registered office of the company, nationality of the company
- Goods and services offered by the company
- If a trademark professional is engaged, a power of attorney permits the professional.
- If the logo is already in service, mention the date initiated.
After the trademark application is filed, the trademark authorities shall examine the application and, if needed, examine the details you provide. If there is an objection, must provide a reply within 30 days of communicating the objection. Otherwise, it may lead to denial.
If the application is rejected, the officers mention the grounds for such rejection, and you can file an appeal.
Step 3: Trademark Registration
Once the trademark application crosses the burden of confusion or objection, you can begin using ™ on your logo, declaring that your trademark is beneath the enrollment procedure. There is no objection from the official.
Once it is registered, the ® mark can be used, which signifies that your trademark is registered.
What are the benefits of trademark registration?
The benefits of registering a trademark are as follows:
- Trademark Registration is an Asset: A trademark is a valuable intangible asset to a company. It distinguishes the product or service from the competition in the market. Trademarks can compare the brand as they entice the customer, stands apart, easily understood from the rest of the others.
- Cost-Effective: Trademark registration in India is moderately cheap.
- Trademark valid for 10 years: Upon successful registration of the trademark, it will be valid for the next 10 years. During these 10 years, no lawful obligations, no costs, or other statutory provisions regarding maintaining trademarks are to be made.
What are the disadvantages of trademark registration?
The descriptive mark can be disadvantageous for initiating action as a trademark owner. The trademark registration would act as an important proof of the reality of the trademark registration, the trademark ownership of the mark, the undivided right to utilize the mark in business, and the resumed use of the mark since the filing date of the trademark application.