Trademark Registration
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Introduction
For developing new products and methods, brand names, content, etc. there is always a need of huge investments and resource-intensive. Hence, the individuals or entities producing them must have particular rights over their creation to the exclusion of others. Intellectual Property systems and laws provide this individuality.
For developing new products and methods, brand names, content, etc. there is always a need of huge investments and resource-intensive. Hence, the individuals or entities producing them must have particular rights over their creation to the exclusion of others. Intellectual Property systems and laws provide this individuality.
There are certain forms of IP like trademark through which the right to control is born, the day the work is produced and registered. Though registration is not mandatory but gives some benefits and advantages like serves as prima facie proof of the owners by making it simpler to enforce the IP right in court. Otherwise, the registered owner will have to go through a long process to justify the fairness that the IP belongs to him in case IP is used illegally.
If the Trademark is registered helps the registered owners to get the returns of their investments by restricting others from using the creation without permission.
The rights and registrations secured by the owner help to eliminate third parties from using the said invention in an unauthorized and misleading manner and enable the original inventor to have a full control over his invention. It provides an incentive to generate profit from them.
Sprinthub Solutions has team of experts providing you the best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to registration of Trademark .You may get in touch with our team on 096436-69475 or email info@sprinthub.in .
Advantages of Trademark Registration
Protects the Brand Name
Customers are easily able to recognize a singular product or service only with its brand name. The Registration of a trademark assures that the competitors will not be able to apply for the same and it serves a company’s unique asset.
Hence, the owner can defend others from the traders from using his/her trademark illegally. They can also sue the infringer from using the brand name and may demand damages for any infringement, if caused.
Creation of valuable asset
The trademark registered can serve as a valuable asset if the brand is built up and is succeeding. As soon as it is registered it makes the trademark an intangible asset which can be traded, distributed, franchised, or commercially contracted as a trademark is an intellectual property for the organization which ultimately brings benefits to the company or the individual proprietor.
Sales Advertising
While selling the product in the market to its customers the brand is attached as a feature of the product or service and as soon as the product is spread in the market it helps in increasing sales by attracting more and more customers towards its product.
Easily identifiable
It is easy for customers to find products quickly by trade marking them. The differentiation can be done on the basis of various kinds of products as the goods to create an identity for themselves. The registered owner has the power and right to build, secure and protect the goodwill of his/her products. The registered owner shall have the power to build, secure and protect its products goodwill.
Limited Liability
The liability of the Members is limited to the extent of Capital invested by them in the Company and therefore, they cannot be held personally liable for it also it is a legal entity which means it is different from its Members and Directors.
Legally protected
A legal right is given under the Trademark Act, 1999 in case of infringement which means that if there are any kind of circumstances where you find that the trademark is copied by someone else and you have a right to file case against them for copying your logo, brand, name or slogan. If the trademark is filled and registered it assures the trademarked object is not unethically used by any other person.
What can be Trademarked?
Name:- The name of a person can be trademarked including his/her surname of the applicant or predecessor in the business or their signatures.
Logo :- The logo of the business entity can also be trademarked which can be 2-dimensional or 3 dimensional.
Word:- The word should be distinguished and indicate the purchasing public that the good is manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons in order to identify their own.
Numbers:- Letters or Alphanumeric or numerals or any combination thereof.
Documents Required for Incorporation
More Insights on Trademark Registration
- Trademarks which are identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made or any trademark that would likely cause deception or confusion or is offensive cannot be registered
2. The desired mark should be capable of being represented graphically.
3. It should also be capable of distinguishing the goods or services of one undertaking from those of others
4. The desired mark should be used or proposed to be used in relation to goods or services for the purpose of indicating or so as to stipulate a connection in the course of trade between the services or goods and some person have the right to use the mark with or without identity of that person.
5. Once a trademark application is registered, the applicant may begin applying the TM symbol on its products or services, and if the trademark gets registered then the applicant shall specify the ® symbol over his trademark. The registered trademarks shall be valid for next 10 years from the date of registration which can be further renewed. To know regarding the process of renewal follow the below mentioned link. Click here for Trademark Renewal
Process of Registration of Trademark
Complete Questionnaire
We will provide a questionnaire which is required to be filled by you in which we will sought the basic details and documents pertaining to the registration of trademark.
Submitting Documents
The next step is to submit the documents and to begin with this step we will use the information as provided by you along with the signed documents. These documents will give us the authority to file your trademark application on your behalf.
Trademark Challan
It usually takes 2-3 days for filing a trademark application with the Registrar. Upon the successful submission of trademark Application to the registrar; we will provide you with the trademark application which will be in TM-A form along with the copy of challan.The copy of challan contains the trademark application no., date of filing and applicant name along with attorney name, which serves as a proof that the application is successfully submitted to the registrar and is pending under the governmental process.The applicant can start using filled mark by writing "TM" upon receiving of challan.
Trademark Search
The first and foremost step under the registration of a trademark is to search the availability of the proposed name. After the said search we will review all the possible way to get that desired name, and once it is available, we will begin towards the process of its registration. There are two ways to test its availability, i.e., one by searching word mark and the second one is phonetically under the required class.
Preparation of TM Application
After receiving the relevant information as well as the signed documents we will move towards preparation of your trademark application in TM-A. Once the trademark application is prepared, we will share with you (soft copy) the draft application which is also known as a preview of a trademark application for your review. Once the draft is being confirmed from your side we will present the same application to the trademark registrar after it is digitally signed by the attorney.
Trademark Registered
With the successful completion of above steps it takes around 6 months to one year to get the desired mark registered. It is a long process to get the “R” Mark. If the application request is accepted by the registrar, the same will be published for four months in the journal for third-party opposition. Further, if no objection is received by the Registrar, then he will register the proposed mark which shall be valid for ten years and can be renewed by filing a renewal application within 6 months before the expiry of 10 years.