A trade mark is a symbol, letter combination, or set of numbers that a business uses to distinguish its products or services from those of competitors in the market. The registration of a trademark can assist stop rivals or other parties from replicating or duplicating a good or service. The majority of firms today focus on developing their brands and devote large money to advertising and marketing activities. Such enterprises can safeguard their investment and labor from dishonest copycats by registering their trade marks. In depth examination of the registration procedure, types of trademarks, and the duration of a trademark registration in india is provided in this article..
Benefits of Trade Mark
The protection of the brand and the business by enhancing its goodwill is the main advantage of having a trade mark registered. Furthermore, a strong brand can operate as a link between the customer and the product by keeping them devoted and connected to the company for an extended period of time.
Other advantages include the following:
- It acknowledges the provider of the good or service.
- It offers a quality guarantee.
- It aids in the promotion of products and services.
Validity of Registered Trade Mark
The TM sign can be used by the applicant once a trade mark application has been submitted to the Trade Mark office. The applicant is permitted to use the R symbol if the trademark is registered. Ten years from the application date, all registered trade marks are valid. A trade mark’s validity can be simply renewed by paying the government registration cost when it expires.
Documents Required for Trade Mark Registration
The list of documents needed for trade mark registration in India is as follows:
- a duplicate of the logo or trademark. When using a word as a trademark, a logo is not necessary.
- Name, residence, and nationality information about the applicant
- The certificate of incorporation in the case of a company or LLP.
- In the event that the company qualifies for a lower filing fee, Udyog Aadhar registration.
- Description of the products or services that the mark designates.
- It is necessary to file a trademark class under the application.
- Form 48-formatted power of attorney must be signed by the applicant.
Trade Mark Registration Process
The following are the Process of Trademark Registration:
Step 1: Trademark Search
Trademark research is the initial step. On the intellectual property website, you should look for various combinations of comparable marks. If any marks that like yours are discovered, read the description to see if it describes the same range of products or services that you are offering.
Step 2: Application Preparation
The Trade Mark Attorney creates an application in the second phase. Form 48 and TM-1 will be prepared for the trademark applicant’s approval and signature.
Step 3: Application Filing
The third stage involves submitting a trademark application to the Trade Mark Registry. The government charges Rs. 4500 to register a trademark for an individual, new business, or small company. The government fee for all other application types is Rs. 9000. For each application, there is a separate charge setup for the attorney professional, which is Rs. 3500.
Step 4: Government Processing
The status of a trade mark application must be reviewed periodically once it has been submitted and is being processed by the government. If there is an objection, the applicant has 30 days to respond with an objection. Similar to this, if there is opposition, the applicant must address any issues raised by the opposing party in a timely manner.