Trademark is one of the best ways to earn brand recognition. Trademark gives a legal right to the company to use a particular logo or a symbol to identify their business or a particular product. A Trademark Registered by making an application to the Ministry of Trademarks to get the trademark registered In India. Procuring a Trademark In India protects your brand, and provides you with the tools to prohibit someone from using similar signs and taking advantage of your Business Innovation. Many benefits are associated with getting a trademark such as Unique Identity, Creation of Goodwill, Popularizing your brand, Global Recognition, etc.
A Thorough and Rigorous Trademark application will help you get the trademark registration immediately. The Trademark law in India handles registration and protection of the trademarks. The law also allows transfer of the trademark rights. We have shared here useful ideas to help you in applying for the trademark registration.
Top 10 Ideas for Filing Trademark Application:
1. As soon as your business or firm is registered, you can immediately start the application for the Registration of a symbol or logo to represent your product or company.
2. A Trademark search is highly recommended before you officially apply. You can take the advice of any trademark expert attorney.
3. Choose a Protective Trademark - Select a logo or symbol that is not easily imitable. There are various Professional trademark service providers who assist in selecting a unique trademark after checking the trademark registry.
4. Descriptive - Select a symbol or logo which describes or represent your products or services. An informative logo is always welcomed.
5. Check properly that your trademark is novel and is not infringing trademark laws. Make sure that it is not already in use and registered by someone, also that it is not a famous logo or a well-known mark.
6. Avoid using very similar or a replicate of other company's trademark. You can avoid legal dilemmas in future.
7. Keep the design of your trademark unique and appealing. This will help in protecting it. It is always advisable to hire a professional logo designer.
8. While you submit trademark application, submit pictures proving that you are already using it. You can submit a banner or a piece of advertisement where the logo is already in use by you..
9. Also, you need to submit the soft copy of the trademark. You may also apply for multiple trademarks for your different products.
10. After applying for the trademark registration, check the status of the application at the official website of the Ministry of Trademarks.
After an application is filed, the application is examined by the Examiner of Trademarks. Normally the Examination process takes 12 to 18 months to be completed. The examiner could also ask for further clarifications from the applicant if any variation is found, and the applicant needs to submit supporting documents that are sort by the examiner.
Once the application is inspected thoroughly, it will be published in the Trademark Journal. The objective of the publication is with respect to any Objections raised, if any, by any other entity or person. Generally, It takes 3 months time for the registration to be completed from the date of Trademark Publication. You can begin using TM symbol with your brand as soon as you apply for the trademark registration.
Conclusion
A trademark is a logo or a Business name of your business or your product. It is generally a symbol, design, numeral, logo, image or alphabet or a combination of all these. You can put a symbol of ® only after your trademark is registered, till the time you get the trademark registered, you can use TM symbol with your brand. A trademark is considered to be valid in the entire country. Trademark Registration has many noteworthy benefits for the business. It helps in earning goodwill for the business and builds the trust of the consumers towards a business. Trademark is treated as an intangible asset of the company, as they contribute towards brand recognition and creation of goodwill for the company.
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Tags :Others