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WHAT IS TRADEMARK REGISTRATION?

A Trademark generally refers to a “brand” or “logo”.Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol.

  • Trademark may become the most valuable asset of a busines.
  • It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act.
  • Once a trademark is registered, R symbol can be used and the registration will be valid for 10 years.

REASONS TO REGISTER A TRADEMARK

A trademark is a name, word, symbol or device used in trade to indicate the source of a good and to distinguish it from other goods. Service marks are the same as trademarks, except the source is a service instead of a product, and the service mark is thus used to identify and distinguish the source of that service. “Trademark and “mark” generally refer to both service marks and trademarks.

  • An exclusive right: A trade mark registration is an exclusive right to use the mark in the territory in which protection is granted.
  • Making any supply to other states.
  • To avoid the uncertainty and expense of passing off: If you do not register your trade mark, it is still possible to take action against another party on the basis of ‘passing off.
  • Trade marks identify origin: One of the main purposes of a trade mark is to prevent confusion in the marketplace. Your trade mark tells your customers who you are, and where to return to if they like your product.
  • Agents of a supplier.
  • Counterfeit goods: Having a trade mark registration helps Trading Standards Officers or the police to bring charges against counterfeiters if they are using your trade mark.

What can be Trademark Registration

In india, the following times can be tradenarked, Sounds, Colours, Logos, Phrases, Words, Symbols, Images, Initials or a combination of all can be trademarked.

DIFFERENT TRADEMARK SYMBOL AND USAGE

  • ® - R SYMBOL: The ® - R Symbol to use as soon as you file an application for a trademark with the registrar You can use this symbol to protect your trademark.
  • ™ - TM SYMBOL ©: The ™ - TM Symbol © is used in connection with an unregistered trademark. It aims to warn any person against infringement of a symbol, logo or name.
  • © - C SYMBOL: The © symbol is reserved for content that can be copyrighted. This can include photography, artwork, films, literary works and books.

ADVANTAGES OF TRADEMARK REGISTRATION

Trademarks and service marks are legally protected by common law once they go into commercial use. However, it is often helpful to register your mark.

  • Legal Protection.
  • Unique Identity.
  • Business Opportunity.
  • Popularise your brand.
  • Building value.
  • Protection
  • Avoiding Unwelcome Change.

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PROCEDURE TO REGISTER A TRADEMARK

  • Fill up the trademark registration form: The form asks for details about your business, in case the trademark is being registered in its name), and the logo, word, slogan you're registering.
  • Trade mark search : To make sure that unique logo name filed is available or not, Trademark Search is executed by experts.
  • Selection of class: Every brand name or logo is registered under a particular class .
  • Trade mark application filed: GET TM NUMBER:The TM number is important for two reasons. One is that it helps you track your application and two, it allows you to use the ™ symbol near your trademark.
  • Start using TM.

Procedure to apply online trademark registration

Documents required for Trademark Registration

  • Name of the applicant.
  • Type of Business.
  • Main Objectives of the Business.
  • Name of the Brand/ Slogan/ Logo.
  • Address of Registration.
  • required fee.

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