Trademark Registration
Trademarks are special symbols or phrases that businesses use to set their products or services apart from others. These can be in the form of drawings, symbols, or unique phrases. They are essential because they help customers quickly classify your brand and what it stands for. Trademarks are considered a type of intellectual property, so they are legally protected to prevent others from using something too similar. The rules about this are set out in the Trademark Act of 1999.
To make sure your trademark is protected, you need to register it. Trademark filing is important because it stops other companies from using your trademark or something similar to sell their products. This way, when customers see your trademark, they know it’s genuinely from your company.
Unlike patents, which last for 20 years, trademarks last for 10 years at a time. But the good news is you can also apply for trademark renewal every 10 years, so technically, it can last forever as long as you keep renewing it. This means your registered trademark can continue to represent your brand after a successful trademark renewal process for as long as you want under the protection of the law.
Why Trademark Filing is Important?
When you apply for trademark application online for your company’s name, you’re keeping your brand, its good name, and your original concepts safe – things you’ve worked really hard on. Even though getting a trademark application takes a bit of time and effort, it’s much better than risking your brand being used by a bigger company and getting into legal trouble.
Nowadays, it’s pretty easy to fill out a trademark application online in India. You can trademark various things like a letter, word, number, phrase, graphic design, logo, specific sound, scent, or even a combination of colors.
The trademark filing system started way back in 1940 and got a significant update with the Trademark Act in 1999. Today, the trademark registry manages everything to do with trademarks according to the rules of the 1999 Act, helping to make sure everything runs smoothly.
The main office handling all these is located in Mumbai, but there are also branches in cities like Delhi, Ahmedabad, Chennai, and Kolkata. When you apply for trademark filing, the people at the registry will check to make sure your trademark application meets all the requirements set by the 1999 Act before officially registering it.
In the form for Trademark Registration, whoever is listed as the applicant will be recognized as the trademark owner once the registration is successfully completed. The applicant can be an individual, a company, or an LLP, all of whom are eligible to submit an application to register a specific trademark.
How to Register a Trademark:
Trademark registration process is handled by the trademark registry department. Here’s a simplified guide to the steps you need to follow:
Trademark Searches
Choose a unique symbol or phrase that will stand for your company. You can also opt for the option related to Trademark a name in order to register your company’s name as a trademark. Determine the category your business fits into; there are 45 categories – 1 to 34 for goods and 35 to 45 for services.Checking the Availability
While you are selecting to trademark a name, sign, or any other entity, make sure to check if it or something similar hasn’t already been registered. You can do this by doing trademark searches on the official website or getting legal help to assist you, which might be a safer (though paid) option.Submitting the Trademark Application
You can apply for Trademark online for multiple categories or types of using the TM-A form. The cost of submitting the form varies depending on your business type and whether you apply for trademark online or in person, ranging from 4,500 to 10,000 rupees.Completing the Form
Fill out the form carefully to avoid any mistakes that might cause delays or rejection. Include a picture of the trademark (9×5 cm) and provide the necessary duplicates.Filing the Application
You can submit the form either online for quick confirmation or physically, though the latter might take 15-20 days for confirmation. Remember, you can do this process yourself or get assistance from an agent based on what suits you best.
Benefits of Trademark Registration Online:
Online Trademark searches & registration is a streamlined process that allows businesses and individuals to protect their brand name, logo, slogan, or any other identifiable sign representing their products or services. This procedure ensures that the trademark is not only unique but also shields it from being used by others without permission.
Here are the Benefits of Trademark Registration online:
Convenience
The official website allows you to apply for trademark application online from anywhere, saving you the time and hassle of visiting a physical office.Cost-Effective
Generally, online registrations might be more affordable compared to the traditional method, as it cuts down on paperwork and administrative costs.Faster Processing
The digital platform tends to process applications faster, meaning you can secure your trademark in less time.Easy Tracking
Online platforms offer the facility to track the status of your trademark application online in real-time, keeping you updated on the progress.
While it’s not a requirement, enlisting expert help can simplify the intricacies of the trademark registration online procedure. It’s crucial to choose the right categories that accurately represent your products or services, given that trademarks are segregated into various classes depending on the type of products or services they denote. After submitting the application, you are allowed to use the ™ symbol, and once it’s approved, you can adopt the ® symbol, indicating that your trademark is officially registered. To ensure continuous protection, don’t forget to apply for trademark renewal prior to your registered trademark expiry, a process that can generally be repeated unlimitedly every 10 years.
Online trademark registration is a hassle-free and efficient way to secure your brand’s identity. It not only facilitates easy application and tracking but also significantly expedites the overall process. Be sure to conduct thorough research and adhere to the guidelines to ensure a smooth registration experience.
Check Status of Application:
After the Trademark application is successfully submitted, you’ll receive a unique allotment number. This number allows you to track the status of your Trademark application online. Generally, the approval process takes between 18 to 24 months, provided there are no issues with your application; otherwise, it might extend.
The processing of applications is done based on their submission date, giving older files higher priority. A bonus of having filed the application is that, even before approval, you are permitted to use the TM symbol alongside your chosen mark as soon as you obtain your allotment number.
Registration & Fees:
Upon approval, the registry will issue a trademark registration certificate to you, officially indicating that your trademark is now registered and safeguarded. This protection lasts for 10 years from the date the application was filed, but don’t worry, you can apply for Trademark renewal it as many times as you want.
Note: Keep in mind that this trademark protection is only applicable within India; it doesn’t provide any international coverage.
Trademark Registration Cost
- For Individuals, the trademark Registration Cost is around ₹5,499
- Trademark Registration Cost For Companies approximates around ₹11,499
Note: The mentioned trademark registration costs are subject to change. For the most current pricing information, please contact us to speak with our experts.
Register your Trademark with us:
A trademark is a distinct symbol, sign, or even a mix of colors that helps people identify your goods or services. You can register it under the Trademarks Act of 1999. It’s important to note, however, that you cannot register common names, abbreviations, or geographical names as trademarks.
Having a unique and easily recognizable trademark is beneficial as it not only helps in marketing your products but also in creating brand recognition. Remember, your trademark should be simple to use and enhance the marketability of your products. You can contact us to get professional advice from our experts about registering your trademark in India and internationally also.
The Registered trademark grants you legal protection, categorizing it as intellectual property and shielding it from misuse. It grants you exclusive rights to use the trademark for the class of goods or services it represents. Once applied for, you can use the “TM” symbol, and after registration, the “R” symbol can be utilized. In cases of unauthorized use, you have the right to seek legal action.
Your registered trademark helps to set your products apart from competitors, creating a distinct identity for your goods or services in the market. This distinct identity helps in fostering a loyal customer base, as people tend to associate trademarks with the quality and features of the products.
Trademark registration also contributes to brand recognition, creating goodwill and market value over time. It builds a positive reputation, encouraging customer loyalty and attracting new customers. This recognition is crucial in retaining existing customers and welcoming new ones.
Additionally, registering a trademark creates a valuable asset for your business. It is acknowledged as an intangible asset, holding value, and can be commercially exploited through various avenues, including selling or franchising. This adds to the overall valuation and goodwill of your business, aiding in business growth and customer retention.
In India, a trademark registration lasts for ten years but can be renewed indefinitely. If you plan to expand your business internationally, you’ll need to register Trademark in the respective countries, using your Indian registration as a basis.
Lastly, Trademarks play a vital role in business expansion, forming a bridge between customers and the company’s products. It allows for the cultivation and expansion of a customer base, providing a platform to introduce new products under the same trademark, hence safeguarding and increasing business revenues. If you are facing any issues while registering your Trademark, then contact us. Our experts will help you throughout the process.