Trademark is an intangible asset of the company. It is represented by a symbol, a word, a design, number, name, label or device. Trademarks that are similar to other existing registered trademarks cannot be registered. Trademark registration of a logo, a brand or a trademark that is distinct from any existing one can be registered under the Trademark Act, 1999. Trademark registration in India is done by the Controller General of Patent Designs and Trademarks, under the Ministry of Commerce and Industry.
The trademark registration is valid for a period of 10 years. The (®) symbol is used with the brand name after successful registration.
What are the Benefits of trademark registration?
- It protects the company from infringement. A company with trademark registration can sue or take legal action against any individual or corporate that tries to violate or breach upon its trademark. In case the trademark is not registered, the company cannot approach law for providing recourse.
- Once registered the trademark becomes the company’s intellectual property – it can be sold or franchised – thereby trademark is an intangible asset to the company
- It helps create brand equity. Customers identify better and more easily with registered trademark as it also symbolizes authenticity of the brand.
What is the process of Trademark Registration?
Trademark registration process in India is a long-drawn process that takes anywhere between 1.5 years to 2 years. This is in case of no objection being raised by any concerned party. In case of objections and oppositions, the time period increases further.
Documents required for trademark registration:
- For an individual who is the owner of the trademark or has been authorised by the owner to seek trademark registration on his behalf – Identity proof in the form of either his passport or drivers’ license or Aadhar car or voters’ card is required to be submitted. In case of a corporate entity, the certificate of incorporation or the partnership deed or registration certificate is required.
- In case the trademark is a word or words, there is no requirement of submission. Else in case of a logo or symbol, the same needs to be submitted in black and white.
The process of applying for Trademark registration online is as follows:-
- The first step is to register at the government website of Intellectual Property Rights in India. Register either as a proprietor/applicant or Agent or Attorney On registering a code is generated and is SMS on the registered mobile number. Using the code and the Login details, the DSC is added online.
- Once the login id has been generated, use the government site for logging in. Login using either the user id and password or user id and DSC.
- For International Trademark registration the link IAOI is to be clicked. For domestic filing, the link New Application is to be used.
- On clicking the New Application link, the Form TM-1 needs to be filled in.
- Finally the payment needs to be done online after which the receipt is generated.
The application then undergoes examination by the Indian Trade Marks Office. In case of any objection, the applicant needs to file in writing the response. On examination, if the application is found to be as per requirement, a Letter of Acceptance is issued. After this the trademark is published in the Trade Marks Journal. In case of no opposition within a period of 4 months, the trademark registration certificate is issued.
The trademark registration status can be checked online at official website. Third party attorney and legal consultants also provide additional service of checking the Trademark registration status online using their own online platforms on chargeable basis.
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