What Is Trademark Registration?

TRADEMARK! WHAT'S THAT?

In common language, a Trade Mark is a source identifier for the Public to identify a product or service. The functioning of a Trademark is a concept which is used by many of us on daily basis without knowing the fact that the same is working in identification of a product and service. For example, Trade mark Law works when a person easily picks its choice of product from a super market among various others. It works for public in identification as well as for brand owners to get benefits of their hard work, time and efforts invested in the creation of the product or service. A product without its name is lost and cannot be easily found in the markets. Therefore, each product and service has been given a unique name which is called Trade Mark.

What Is Trademark Registration?

A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Owner of trademark has exclusive rights to use their mark in relation to the categories they are registered in.online trademark registration

can also be obtained for a business name, distinctive catch phrases, taglines or captions.

HOW TO SELECT A GOOD TRADEMARK?

The best trademarks are distinctive mark. Distinctive marks often include arbitrary or fanciful or coined terms and are capable of ascertaining one applicant’s goods (services) without any likelihood of causing confusion to the public.

WHO CAN FILE TRADEMARK APPLICATION?

Any person who claims to be the owner of a trademark, he/she needs to submit the application mentioning the related goods and services associated with the company.

WHAT ARE THE BENEFITS FROM REGISTERING A TRADEMARK?

Registration of the mark confers upon the proprietor the exclusive right to use the trademark in relation to goods or services and to indicate so by using the symbol (R). Registered proprietor can establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.

WHAT IS THE USE OF TM AND ® SYMBOLS?

• TM’ stands for Trademark. The use of TM symbol notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by Applicant of Trademark Application. Whereas, the ® symbol, can be used only once the trademark is registered and the registration certificate is issued by Trademark Registry.

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WHAT ARE THE ESSENTIAL FOR THE TRADEMARK REGISTRATION?

A) It should be capable of distinguishing the goods or services of one undertaking from those of others.

b) It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

BENEFITS OF TRADEMARK REGISTRATION IN INDIA?

Exclusive Rights only for Registered Trademarks: The owner of a registered trademark has exclusive Trademark Rights and can restrict any third company or individual from using it without permission. Furthermore, the owners are free to use the same trademark for all items or services under the applicable class(es).

Builds an Atmosphere of Trust: The goodwill and confidence in the market among consumers are established by the quality of your product or service that corresponds to the registered brand. Furthermore, a registered trademark aids in expressing your company’s and brand’s distinct qualities and vision.

Give Aid in Legalities: Your registered trademark in India cannot be used by a company competitor or anyone else. However, if another individual does the same, you can file a lawsuit for trademark infringement.

A Valuable Asset: You establish an intangible asset and get exclusive rights to sell, franchise, assign, and commercially contract your idea when you register a trademark.

Stand Out in the Tough Competition: Customers will be able to recognize your goods or service if you register a trademark. Consumers associate the product’s quality with the brand name, which builds the brand’s reputation in the market and draws in new customers.

Gives you Authority at least for 10 Years: Once you have a registered trademark in India, all you have to do is pay the renewal fees, which are due every 10 years from the date of application. Furthermore, Online Trademark Registration and Renewal is now accessible at a significantly 10% reduced cost. As a result, you may successfully establish a unique picture of your company or brand without putting much effort and at a reasonable cost.

The Symbol ®: After registering a trademark, you can use the ® sign to indicate that it is a registered trademark, and no one else can use it without your permission.

Gaurav Suyal Is Law Student And Practicing In Intellectual property