Trademark Registration

Trademark Registration

Trademark RegistrationBasically, 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. For e.g. the logo of NIKE and their tagline JUST DO IT is a registered brand name. 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.

Is Registration of Trademark Compulsory?

Registration of Trademark is not compulsory, but it is a good idea to register a trademark in every country where you offer your products or services. Registration of Trademark provides you with the legal protection in the event of any infringement arises.

Is a Trademark Registered in India Valid in Foreign Countries?

A trademark registered in India is valid only in the home country, i.e. India because every country has its own rules and regulations of the trademark..

What are the advantages Advantages Of Trademark Registration?

  •  Legal Protection:-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.
  •  Unique Identity:-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.
  •  Make your brand widely known:-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.

Compulsory documents of Trademark Registration

  • Partnership / LLP / Company.
  • In case of a partnership firm or LLP, the entrepreneur would have to submit the following:

  •  Copy of Logo (Optional)
  •  Signed Form-48..
  •  Udyog Aadhar Registration Certificate..
  •  Incorporation Certificate or Partnership Deed..
  •  Identity Proof of Signatory(PAN and Aadhar Card)..
  •  Address Proof of Signatory..
  •  Suggested name.
  •  Copy of Power of Attorney, signed by the applicant on stamp paper of Rs. 100..