Overview of Trademark Registration
A trademark is any one-of-a-kind expression that differentiates a product or service from others. This expression could be a word, slogan, photograph, logo, graphic, color combination, sound, or even fragrance; nevertheless, most companies are only interested in registering their brand name or logo. Trademark owners have exclusive rights to use their marks in the categories in which they are registered (there are a total of 45 categories, called classes).
Owners of trademarks can easily establish their title to the trademark in court and earn royalties if they register it. It also deters piracy and prohibits other businesses from registering similar company names. You can do a trademark search to see if your brand name is similar to one that already exists. You can get a TM in India in three days, but it can take up to two years to get it registered so you can use the ® sign.
Essential Facts on Trademark Registration
What is a trademark?
A trademark is simply a feature of your business. It might be the name of your company, its logo, or even its slogan. Consider the words ‘Nike,’ the ‘Swoosh,’ or the phrase ‘Just Do It.’ In other circumstances, such as with BMW or Coca-Cola, the brand name and logo are integrated into one. This is referred to as a Logo Composite Mark.
Who owns a trademark?
A trademark gives you the exclusive right to sell a specific brand name in a specific industry. There are 45 sectors, each of which is referred to as a class. Toys, Games, and Sports, for example, are classified as Class 28. So, if you wish to preserve your toy brand, you must file a Class 28 application and obtain exclusive commercial rights to sell your toy brand under that class.
Is my trademark available?
We can conduct a trademark search for you if you have a specific brand name, logo, or slogan in mind. A simple way to check if there is a similar firm with a similar name to yours on the internet is to just go online and search for it. You should also check whether your brand’s domain name is available.
What if the trademark is taken?
There’s no need to be concerned. If your trademark brand name is already used, you can create a Logo Composite Mark by combining your logo and your name and submitting it as a single application. Even if the trade name has already been taken, this is a standard technique for obtaining a trademark.
What do I need to provide?
You must provide us with a signed letter authorising us to file a trademark registration application. An Authorization Letter is what it’s called. We prepare your documentation, file your trademark registration application online, and pay the relevant expenses after we obtain an Authorization Letter. You’ll obtain a confirmation of your trademark registration application almost instantaneously, and you’ll be able to start utilising the TM sign next to your name.
How long does it take?
The process of registering a trademark is nearly instantaneous. It is possible to complete it within a few hours of receiving your Authorization Letter. The government takes 18 to 24 months to confirm trademark registration and issue you a certified Trademark Registration Certificate once we submit our application. The ® symbol can then be used next to your name.
We are always available at Registration Arena to assist you in understanding the Trademark Registration procedure. Trademark registration is available in all major cities in India, including Hyderabad, Mumbai, and New Delhi, as well as Chennai, Kolkata, and other Indian cities, through Registration Arena.
Advantages Of Trademark Registration
Legal Protection
You will become the legal owner of the trademark registration application, and no one else will be able to use your brand without your consent. If a trademark is not registered with the government, no action can be done against a third party. A registered trademark holder has the legal right to sue anyone who attempts to duplicate the brand without authorization.
Unique Identity
Trademark registration helps you to establish a unique identity for your company. No other competitor can apply or use your trademark for similar goods or services.
Creation of Asset
Trademark registration can be viewed as an asset because the trademark owner can simply sell, franchise, or license the trademark to another party on a contract basis. For the same, it generates a form of intellectual property.
Trustor Goodwill
Because trademark registration gives your product its own identity, it can readily instil trust, goodwill, and quality in the minds of your customers.
The Different Trademark Registration Symbols: ‘TM’, ‘SM’ And ‘R’
Until your trademark is registered and your application is in pending status, you can use this sign with the brand name. This is to let the world know that he is the sole owner of the brand. Depending on the outcome of trademark registration, the claim may or may not be valid.
‘SM’ Symbol
ServiceMark, it’s similar to a trademark in that it identifies and differentiates the source of a service rather than a product. You’ll use TM for a product and SM for a service like housekeeping, for example.
‘R’ Symbol
This sign only applies to your brand when the mark is being registered and the Trademark Registrar issues a Certificate of Registration.
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.
Who Can File for a Trademark Registration
An Individual (Person)
A person who is not in the business of selling goods or services is also entitled to file a trademark application and get trademark registration for a word or symbol that he or she intends to use in the future. The applicant’s entire name is required when filing a trademark application as an individual.
Joint Owners
If two people come together and decide to file a trademark application, both of their names must be listed on the trademark application.
Proprietorship Firm
When a proprietorship firm files a trademark application, the Proprietor’s complete name must be included in the application. As a name for an individual, a company name or a proprietorship name is not permissible. This is due to the fact that a business name or proprietorship name is more of an alias for the actual person, and proprietorship firms are not legal entities in their own right. Those facts will be gathered separately if a proprietorship name or business name is supplied on the application in addition to the name of an individual applicant.
“Vikas Kumar, an Indian national doing business as G3 Enterprises” is an example.
Partnership Firm
In the case of a partnership firm filing a trademark application, all of the partners’ names must be included in the application. Because partnership firms are not regarded independent legal entities, the trademark application must include the names of all partners. The name of the guardian representing the minor should also be given if the partnership firm comprises a minor.
M/s. G3 Enterprises, an Indian Partnership Firm formed under the Indian Partnership Act 1932, is an example of Vikas Kumar, Abhishek Kumar, and Dipti Prakash trading as M/s. G3 Enterprises.
Limited Liability Partnership
When a Limited Liability Partnership files a trademark application, the application must be filed in the name of the LLP. As an incorporated entity, an LLP has its own identity. As a result, the Partner cannot be the applicant alone, as the trademark must be owned by an LLP.
G3 Industries LLP, for example, is a Limited Liability Partnership (LLP) incorporated in India under the Limited Liability Partnership Act of 2013.
Indian Company
When a private limited company, a one-person corporation, or a limited company files a trademark application, the application must be filed in the firm’s name. Because a corporation, unlike its directors, has its own identity, a director of the company cannot be the applicant, however, the application can be signed and submitted by the Director or any other official authorized by the company.
G3 Industries Private Limited, for example, is a company incorporated in India under the Indian Companies Act of 2013.
Foreign Company
When a foreign incorporated firm files a trademark application in India, it must do so in its own corporate name, as it is registered in the foreign country. It is necessary to identify the kind of registration, the country of incorporation, and the statute under which the business is registered. If the foreign company does not have a major place of business in India, the application should include the applicant’s address for service in India.
Example: G3 Media LLC, a Limited Liability Company formed under the Florida Revised Limited Liability Company Act in the state of Florida, United States of America.
Trustor Society
If a trademark application is filed on behalf of a Trust or Society, the name of the Managing Trustee, Chairman, or Secretary should be included.
Mr. Vikas Kumar, the Managing Trustee, represents G3 Trust, which was established in India under the Indian Trust Act 1882.
G3 Society, through its secretary Mr. Vikas Kumar, is a society registered in India under the Maharashtra Co-operative Societies Act.