By the definition, a trademark is a visual symbol that could be a word, a name, a device, a label, or brand name that are often used by different companies for distinguishing themselves or their goods or their services in general that their business represents from others. A trademark can also be referred to as a form of intellectual property. So a trademark registration will be required to keep it from being misused or copied.
A trademark registration certificate will make the trademark intangible asset for your respective business. A trademark registration can be used to protect a business’s investment, so a trademark can be registered only if it’s distinctive yet representative of the goods and services that you are willing to introduce and sell into the market.
Obviously if you propose a trademark registration of a something similar or identical to an already existing trademark then you will not be able to get your registration done.
The trademarks in India are controlled by the general controller of the patent designs and the trademarks. This comes under the ministry of commerce and industry of the Indian government. All the trademarks will be by law registered under the trademark act of 1999. This act provides the owner of their trademark the right to sue anyone for any kind of infringement of their trademark.
Once the trademark is registered, it can be used and will be protected by law for 10 years after which you must renew its registration. Trademarks that are near their expiry dates can easily be renewed by simply filing for a trademark renewal application form for another coming 10 years to follow.
WHAT ARE THE REASONS TO REGISTER A TRADEMARK?
- Legal Protection– certainly provides your trademark legally from being stolen as it criminalizes the very act. Also gives the right to sue the offender.
- Unique Identity– provides a company with its unique identity to stand out in the marketplace.
- Creation of Asset–your registered trademark has the right of being sold, franchises or contracted making it an intangible asset.
- Trust or Goodwill– you having a trademark gives the consumers some degree of confidence in your products.
- Global Trademark Filing– you can file for global trademark registration in this way nobody in the world will have the right to misuse your trademark providing it protection globally.
WHAT ARE THE DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION?
- Identity and Business Proof
- Identity proof like a passport.
- Driver’s license
- Aadhar card
- Voters id or ration card
Above mentioned documents of the individual who has filed for the trademark registration and ownership of the trademark. In case of the legal entity or registered body, a partnership deed document or incorporation certificate of the company or registration certificate of the company is required.
- Logo with Tagline
If a trademark registration application is filed for a word then the logo is not required, but in all other cases, a logo is to be submitted. The logo is supposed to have the exact same words that are mentioned in the trademark registration application. The submitted logo should preferably the black and white format.
- Prescribed Form and User Affidavit
The form TM A authorizes only a law attorney for filing a trademark registration application on your behalf. And this is to be filed to the registrar of the trademark registration office. Just in case, a claim comes ups of previous use of the trademark then a trademark user affidavit must be submitted.
We at Swarit Advisors are having expertise in dealing with the issues that users might face while struggling with the challenges in the online legal registration processes. So, you can anytime contact us through the phone number or email id so that we can revert you back as soon as possible.
