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Trademark Registration

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Why Trademark Registration?

The brand, name, or logo becomes legally protected when it becomes a registered trademark. It safeguards your company’s name and reputation from unauthorized third-party use. The registered trademark proves that the product is yours and that you have the exclusive right to use, sell, and modify the brand or goods in any way you choose.
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  • A business, big or small, always has its identity and is liable to protect it. Be it a logo, name, term, symbol, device, or any combination thereof, the brand sets that as their recognition is referred to as their trademark. It safeguards the particular, one-of-a-kind name, logo, and symbols associated with your products or company brand. Trademark protection may be extended to corporate names, symbols, logos, sounds, and even colours distinctive to a single brand.

  • The trademarks Registry was founded in India in 1940, and it now controls the Trade Marks Act, 1999, and the rules promulgated under it. It functions as an information centre as well as a facilitator in the country’s brand themes, acting as a bulletproof for your brand.

  • Trademark registration is a legal process established by the Trade Marks Act of 1999. You may protect your brand or logo by registering a trademark, also known as logo registration/brand registration, which prevents others from using it.

  • If a corporation or individual wants to protect their logo against third-party misuse, they must go through the trademark registration procedure in India. In the event of trademark infringement, trademark registration provides the legal right to initiate legal action against the third party. Trademark registration also grants the owner the exclusive right to use the mark in connection with its products or services.

Protection & Trust Of The Brand

A trademark registration establishes ownership of a brand, name, or logo. It safeguards your brand against unlawful third-party use. The registered trademark establishes that the product/brand is entirely yours, and you have the exclusive right to use, sell, and change the brand or items in any way you see fit. The established brands are identified by their trademarks, which maximize confidence and goodwill among customers in the market. It aids in the retention of existing customers as well as the attraction of new clients or consumers.

Convenient communication mark

A Trademark is a powerful and simple communication tool. They speak for themselves. A registered trademark clearly shows which brand your goods belong to. For example, if you see a silver-colored half-bitten apple on any gadget, whether it’s a laptop or a phone, you know it’s an Apple product. Customers can easily locate a product with a registered trademark. As it is a powerful instrument with a distinct identity, registered trademarks are easily traceable, and buyers can quickly find your goods serving as a great communication tool.

Brand recognition

This assures that the goods and services are of the same, consistent quality and origin. Customers associate the quality of the goods and services with the brand name, and this image is generated in the market regarding the quality of a certain brand, which aids in recruiting new customers. Trademark registration helps your brand to maintain its goodwill.

Offers complete ownership rights

The registered proprietor of a trademark has sole ownership of the brand and has the authority to prohibit the illegal use of the Trademark. It gives the unlawful use of the Registered Trademark the legal right to sue. In the business world, there are so many competitors and so many products, having the right to what is yours, can make it easy to initiate any legal action against any misuse.

  • Over time, the value of a trademark might increase. The greater your company’s reputation, the more valuable your brand will be. Registering a trademark will add value outside the scope of your primary company. Trademarks can pave the door for industry development, such as from personal care to apparel or eyewear. If you want it, your trademark might lead to the purchase of your company by a larger entity.

  • Trademark registration is inexpensive and helps your organization to keep a distinct identity. Online trademark registration is simple and inexpensive to keep up. Similarly, when you register a trademark, all you have to do is pay the protection charge and the renewal price, which is due every 10 years.

  • For Individuals and Sole Ownership
    • Copy of the logo, in black and white if possible (Optional). In the absence of the logo, a trademark application may be filed for the word.
    • Signed Form-48. Form-48 is an authorization for a Trademark Attorney to file a trademark application on behalf of the applicant.
    • Identity Documentation of the individual or Owner.
    • Address Verification of the individual or Owner.
    Partnership / LLP / Corporation – Startup or Small Business
    • In addition to the Udyog Aadhar enrollment, the following information would also be required:
    • Partnership / LLP / Organization
    • In the case of a partnership or LLP, the following documents must be submitted by the entrepreneur:
    • Optional Copy of Logo Signed Form-48.
    • Certificate of Registration for Udyog Aadhar.
    • Certificate of Incorporation or Partnership Deed.
    • Identity Verification of Signatory
    • Proof of Signatory Address

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Frequently Asked Questions...

A trademark protects products, whereas a service mark protects services. However, the term “trademark” is occasionally used interchangeably for both sorts of markings. Both are intended to limit rivals’ capacity to deceive customers by making misleading claims about where a product or service originated. In place of the formal business name, a trade name is utilised. On documentation, this is sometimes represented by the term “doing business as” (DBA).
If your company has a distinct name, it can be trademarked as long as it is not too similar to another name that has already been registered. For example, if the name is too broad, such as The Ice Cream Shop, it is unlikely to be eligible for trademark protection. Because it combines familiar nouns in an unusual way, Iguana Ice Cream is more likely to be granted a trademark.
Trademark registration is valid for as long as you choose to keep it. Once awarded, a trademark does not expire as long as it is used for the registered purpose. A trademark, you see, does not provide you ownership of the term, phrase, or picture; rather, it grants you the right to use that word, phrase, or image to designate the services or items named in the registration.
A trademark search like this would allow brand owners to see if anybody else has registered a similar or identical mark, which might restrict them from using it commercially on their products or services.
The length of time it takes to register a trademark is determined by a number of variables. Indeed, there’s no certainty that your trademark will ever be registered, as it might be denied for a variety of legal reasons. The procedure usually takes 12 to 18 months.
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