Every business has a logo or unique identifier that represents the business. It can be a symbol, logo, design or the trade name itself. Protecting this identifier is important to ensure the uniqueness of your business and to protect the brand identity. Otherwise, it’s easy to steal a business identity and benefit from the goodwill accrued to the business.
That’s where the trademarks come into the picture. Trademark registration is a crucial step for protecting the identity of a business. In India, trademark registration is governed by the Trademarks Act of 1999. Let’s understand in detail what is a trademark and how to obtain a trademark registration online in India.
What is a Trademark?
A trademark is a sign that is used to identify and distinguish the goods or services of one party from those of others. Trademarks can be words, phrases, symbols, designs, or a combination of these elements. They can be used to identify goods or services in a variety of ways, such as on labels, packaging, advertising and on websites.
But, how do business owners benefit after trademarking their business name? Read to find out!
Benefits of Trademark Registration in India
Following are some of the major benefits of trademark registration in India:
- Exclusive Rights: Registering a trademark in India grants the owner the exclusive right to use that mark for the goods or services it represents. It provides legal protection against unauthorised use of the mark by others, preventing potential infringement issues.
- Legal Protection: Trademark registration serves as prima facie evidence of ownership. If any infringement occurs, it becomes easier to enforce the rights through legal action, as the burden of proof lies with the infringer to establish that they did not violate the trademark rights.
- Brand Recognition and Trust: A registered trademark helps build brand recognition and trust among consumers. It distinguishes products or services from those of competitors, enhancing brand reputation and loyalty.
- Asset Value: A registered trademark can become a valuable asset for a business. It can be licensed, franchised, or sold, providing additional revenue streams and increasing the company's overall value.
- Nationwide Protection: Trademark registration in India offers protection throughout the country, regardless of the geographical scope of a business. It prevents others from using a similar mark and benefitting from the goodwill accrued by the business, even in different regions.
- Deterrent to Others: Having a registered trademark can deter potential infringers from using similar marks, as they can easily verify its existence in the official trademark database.
- Use of ® Symbol: Only registered trademarks can use the ® symbol, which further reinforces a brand's legitimacy and protection status.
- 10-Year Protection (Renewable): Trademarks in India are protected for ten years from the date of filing, and this protection is renewable indefinitely as long as the mark continues to be in use and the renewal fees are paid.
- Credibility with E-commerce Platforms: Online marketplaces and e-commerce platforms often require trademark business name registration to participate as a seller. Having a registered trademark can help the owner access these platforms more easily.
Process of Trademark Registration in India
The process of trademark registration online in India can be divided into the following steps:
Trademark Search
The first step in the trademark registration process is to conduct a trademark search. This will help determine whether any other trademarks are similar to the trademark a business wants to register. Business owners can conduct a trademark search online at the website of the IP India (intellectual property) website.
Trademark Registration Application
Once a trademark search has been conducted and it has been determined that there are no other similar trademarks, an owner must file a trademark registration application. The application must be filed with the Indian Trade Marks Registry. The application must include the following information:
- The name of the trademark
- The goods or services that the trademark will be used for
- The class of goods or services
- The date on which the trademark was first used in India
Examination of Application
Once the trademark registration application is filed, it will be examined by the appropriate authorities. The examiner will review the application to make sure that it meets all of the requirements for trademark registration. If the application is approved, it will be published in the Trademark Journal.
Publication
After the trademark registration application is approved, it will be published in the Trademark Journal. This gives other people the opportunity to oppose the registration of the trademark. If there are no objections, the trademark will be registered.
Issue of Registration Certificate
If there are no objections to the trademark registration application, the trademark will be registered. The Indian Trade Marks Registry will issue a registration certificate to the trademark owner.
Renewal
The trademark registration is valid for 10 years. The trademark can be renewed for subsequent periods of 10 years each. The application for renewal of the trademark should be filed 6 months before the expiration date.
Summing Up
Trademark registration is an important step for businesses that want to protect their brands. By registering a trademark, businesses can prevent others from using their trademarks and can enforce their rights against infringers. The process of trademark registration in India can be complex, but it is important to follow the correct steps to ensure that the trademark is registered correctly. With the advent of technology, business owners can e-register trademarks online.
For anyone considering trademark registration, it is important to consult with an experienced trademark attorney. An attorney can help determine whether the trademark is eligible for registration and can assist with the registration process. For more useful information, visit TATA Capital's blogs.
08 August 2023
5 mins read
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