What Is A Trademark?
A trademark is a “brand” or “logo” that you can use to distinguish your product from those of your competitors. Through trademark registration or you can say logo registration/brand registration, you can protect your brand or logo by restricting other people from using the same. By trademarking your logo or brand, you are providing it protection as it is illegal to use the same logo or tagline.
A registered trademark is an intangible asset for a business and is used to protect the company’s investment in the brand or symbol. After Trademarking your logo or brand, a registered TM number which works as trademark license is assigned within a period of three days by Trademark department but it takes almost two years for it to be registered so that you can use to use ® symbol with your brand name. It is always advised to get Trademark registration or brand name registration because getting your company registered will not protect your brand against those who might initiate using identical or similar marks. Before trademarking, make sure to check trademarks availability and it should be your first priority if you want to start a company. Trademark public search is an important step before trademark registration. You need to do a close search for trademark name as it will help you to avoid future problems.
A trademark can be a visual symbol, which may be a word, a name, a device, label or numerals used by a business to distinguish it from other goods of different business.Owners of trademarks have exclusive rights to use trademark under the categories they are registered in (there is a total of 45 categories, called classes). Only Trademarks that are registered under the Trademark Act, 1999 provides the trademark owner right to sue for damages when infringements of trademarks occur.
Advantages Of Trademark Registration.
You become the legal owner of the registered trademark and no another person has the right to use your registered trademark without your prior permission. No action can be taken against a 2nd party if the trademark is not registered with the government. The registered trademark holder can take some legal action against anyone who tries to copy the trademark with any prior permission.
One of the best qualities of trademark registration is that it helps you to establish a unique identity of your company. And no other competitor can apply or use your trademark for similar goods or services.
Creation of Asset
Registered trademark can act as an asset as the owner of the trademark can easily sell, franchise or allow it on the contract basis to another party. It creates a kind of intellectual property for the same.
Trust or Goodwill
As registered trademark brings the uniqueness to your product, it can easily create a sense of trust, goodwill and quality in the minds of your customer.
Popularise your brand
Registered trademark is easily searchable as it is available in government trademark database. It also helps you to get popular among people which are a great sign for your company.
PROCEDURE FOR TRADEMARK REGISTRATION
Prior to documenting a trademark application, it's prescribed that a trademark search need to be done to know all comparable or existing trademark applications recorded alongside with its status. A trademark search can help to figure out the uniqueness of your trademark as well as protect you from objection. You can complete this search by visiting the “Public search” website.
Selection of classes
In all, there are 45 classes of Trademark, before applying for registration you need to know under which section or class your product lies. Every brand has registered themselves under particular class. Make sure while searching you are aware of the class under which your product lies.
Application filing (Get ™ number)
Fill the form 48, after filing the application you will receive a ™ number by which you can start using ™ symbol as well as the track your application easily.
Use ™ symbol
As soon as you complete filing you will be liable to use the ™ symbol on your Trademark.
This is a vital step in the Online Trademark registration procedure. The Vienna Classification or Vienna Codification is a worldwide characterization of the components of the trademark. When you have documented an application for a trademark, the Trademark Registrar will affix a Vienna Classification on your trademark. At this stage, the application peruses,, 'Sent for Vienna Codification
Application processing begins
As soon as the filing is completed, the Government will process the application within 1 year. It can also happen that the Trademark might get rejected or objected in case find similar with existing registered Trademark.
The objection of the Trademark
A trademark application can be objected to during verification, therefore while search you need to make sure that the trademark does not exist. In case your Trademark is objected you need to provide the evidence against it within 30 days of objection.
If the officer rejects your application you need to provide appropriate evidence proving the details against the objection. If the registrar is satisfied then he will forward the document. But in case its rejected again then a hearing will be scheduled where you have to explain about the details and why it should be approved.
What Are The Different Trademark Symbols: ‘TM’, ‘SM’ And ‘R’
This symbol can use with the brand name until your trademark is not registered and the application is in pending status. This is to inform the public of his exclusive claim over the brand. The claim may or may not be valid depending upon the result of trademark registration.
It is also a kind of trademark which Service Mark, but it identifies and distinguishes the source of a service rather than a product. For example, you will use TM for a product and SM for a service like housekeeping.
This symbol is only applicable for your brand when the mark is being registered and the Certificate of Registration is issued by the Trademark Registrar.
Among all the words which are being mentioned above, TM is the most common word which is being used frequently by owners of the brand.