Importance of Registering Trademarks for Businesses: (And How to Register Them in USA, UK and India)
Updated: Jun 16, 2020
Written By: Nandini Tripathy, Symbiosis Law School, Hyderabad
What is Trademark?
A trademark refers to the identity that permits you to make your logo or product stand out from the rest of the horde. Trademark is described as “a mark represented graphically capable of distinguishing the products or offerings of 1 man or woman/company from the others. This may additionally encompass shades, shape, logo, call, signature, letter, word, variety, or combination of any” below segment 2 of Trademarks Act, 1999. You can follow for an indicator for an emblem, photograph, word, slogan, scent, sound, pix, or shade combination; but maximum groups recollect trademark registration online for their emblem, tagline, and logo registration. If you have provided you with a new business idea and want to keep it from getting stolen, you could defend it via patenting it. A registered trademark is an intangible asset of your business, and it acts as a protective guard for your funding and efforts put in to create an emblem or registered logo. In India, trademark registration is finished by means of the Controller General of Patents. The Trademark Act, 1999, offers you the proper to take prison movement against those who attempt to replica or use your trademark.
In India is governed by means of Controller General of Patent Design and Trademarks, Ministry of Commerce and Industry, Government of India. Trademark in India is performed for phrase, name, logo, numerals, slogan, and device. Trademark Registration offers an exclusive proper to the owner. Trademark Registration distinguishes the product from other similar product from different organizations. Trademark proves as intangible property for the owner and protects the logo for a long term. Trademark provides an distinct right to the owner to apply such words, trademarks, and slogans.
Trademark in India is registered beneath Trademark Act 1999. Trademark registration is split into distinctive categories, that is determined by means of the character of the commercial enterprise and the pastime they control. In overall there are 45 lessons for distinct services and products. The Authority continues tune of every trademark registered. A registry is maintained for goods and offerings. Thus, it is far vital whilst registration to say the class of the services or products to be registered. Once the Trademark is registered it stays valid for 10 years. However, it can be renewed for next 10 years if the utility is made inside the stipulated time.
What is the importance of Trademark Registration?
(a) It gives legal safety in opposition to the faux and fraudulent products.
(b) The purchaser can without difficulty perceive the product because of its call or emblem.
(c) It creates an intangible asset for the owner, which has an capability to be transferred, offered or franchised.
(d) Trademark creates agree with and goodwill inside the minds of the customer because of which many customers are unswerving to the product
What is the Procedure for Trademark Registration?
1. Trademark Search: The most important step in trademark registration is looking. Before making any application for trademark previous research must be finished through the agent or the applicant from the available database of presidency.
2. Trademark Application Filing: Once the trademark search is superb, you can continue with the utility for registration thru Agent/Attorney. The software has to be filed with due care and within the prescribed, the charges for application filing relies upon at the class category. If the applicant desires to register the trademark in greater than 2 classes, he/she need to pay charges as in step with the elegance.
3. Trademark Application Allotment: An Application Allotment quantity is supplied by using the Registrar as soon as the application is filed. The fame of such trademark software may be considered online via seek facility.
4. Trademark Examination: The utility is assigned to the officer in Trademark Registrar Office, who look at the entire utility and provides a hallmark examination record. The utility may be popular or may be sent to resubmission, for extra clarification. However, if the applicant is upset with the selection of the Trademark authority, he can enchantment against the selection of Trademark officer before the Intellectual Property Appellate Board.
5. Trademark Journal Publication: When the trademark is generic by the registering authority, the predictable trademark is printed inside the Trademark Journal. This report is to be had on weekly foundation and comprises all the trademarks registered all through that period.
6. Trademark Registration: When there may be no opposition to the trademark utility, the trademark manuscript and trademark registration certificates might be organized and despatched to the trademark utility. Once the trademark issuing authority releases the certificate, Trademark is registered.
Trademark Registration: Who can Apply?
The trademark regulations of India permit personal companies, organizations, people, NGO’s, and LLP’s to sign in objects like sound, emblem, phrases, phrases, colorations, pics, initials, and symbols. For companies, NGOs, or LLPs, the trademark utility desires to be facilitated in the commercial enterprise’ name.
Importance of Trademark Registration in India
Registering your logo or business in India delivers a gaggle of advantages, as discussed under.
• Business Opportunity
If you offer or provide a logo, provider, or product underneath a registered trademark, it enables you gift yourself as reliable and sincere. It facilitates your logo get a discreet identity, which enables you side your competition, and puts you on the gain while you sell on multi-vendor structures.
• Legal Protection
If you've got performed your logo or brand registration and you discover your trademark being copied, you could take the prison path and sue the individual or company in question.
• Unique Identity
Consumers pick out products and services via the call of their manufacturers. Trademark registration offers you with a assure that no other character or agency will use your copyrighted property.
• Global Filing
If you sign in and file a trademark in India, you can document it in different nations as well. Similarly, foreigners can also attain trademark registration in India.
• Trademark works like your PR
Trademark is a tool that places your organisation out in public. It will become the emblem’s identification. TM is the face of the corporation. A organization’s popularity, offerings/merchandise are determined with the aid of its presence inside the marketplace. For instance, within the fashion industry, an indicator / a logo name turns into an incentive for human beings to choose that brand over the others. If your registered trademark can strike a chord with clients and they agree with in provided pleasant, your logo is certain to develop.
• It is an asset for the employer
Once the emblem has made a gap within the enterprise, its cost propels. The emblem’s value will growth with commercial enterprise reputation. Hence on-line trademark registration lets you monetize that value inside the future and comfortable it from viable infringement. However, trademark registration is feasible most effective if the brand name is unique. For this reason, getting a hallmark seek before making use of for TM is a should
• Helps you market your emblem better
The customer markets have long past worldwide, and hence the need to be precise and awesome has expanded. The popularity a brand receives thru the tradename or its precise trademarked design like the coca cola bottle creates an impact at the customer’s psyche. It facilitates to make a mark and increase manufacturers visibility.
• Open avenues for enterprise enlargement
Once the registration is whole and your trademark is secure. You have the power to go forward with expansion from one industry to some other. In the destiny in case you plan on selling your enterprise to some other corporation, having a registered trademark provides to the organisation’s cost. This permits you to experience the culmination of the tough paintings you have placed into constructing the logo.
Registration makes your brand one of a type. Similar marks cannot be filed or used. If a person does, you have got the right to sue and claim for damages. Hence it brings readability and avoids any confusion the various purchasers. The purchasers perceive the products and offerings thru the alternate call. This helps in growing a marketplace popularity and the trademark becomes the face of the organisation.
• Rights and prison safety
Registration offers the owner the proper to promote, license, and make money out of the logo exclusively. The right to sue the infringers is the maximum important proper of a registered trademark owner. One may be positive of the infringement claims. Once the trademark is recorded, one can also require proper prison proof with the intention to protect a trademark publicly.
• Increases credibility and consider many of the clients
Registration gives the client an idea that the employer is concerned about brand building and
serving genuine, first-class products.
• Help you are making your emblem international
Trademark registration in India allows the home investors in getting uncovered to the global market via the International Trademark System. Non-Resident Indians and foreigners are eligible to sign up a trademark in India. Once the notional phase is whole, one has choice to cross for global registration under Madrid protocol.
• Right to apply the registered symbol
Registration allows the usage of the registered image beside your trademark for items and services indexed in the registration. Any corporation that needs to prosper and grow need to invest in IPR. It facilitates the corporation thrive in such a lot of ways if its established and managed aptly. Trademarks are the handiest as they are the as soon as the customers are directly related to. The impact a trademark makes can help businesses to create goodwill and a recognition with the clients on a non-public basis.
• Trademark Registration is an Assets
A trademark is an asset for any enterprise that grows in value additional time. In these days’ crowded market, it is miles important to distinguish your services and products from your competition. Trademarks and types are super gear for status other than competitors and calling attention in your enterprise. Further, trademarked brand shows off to patron a sense of reputation and integrity – a important thing in riding a customer’s purchase decision. Also, like a belonging, the price of the trademark grows through the years as the popularity of the commercial enterprise grows within the market. Like real estate belongings, emblems are these days sold, bought, licensed or maybe used as a safety for acquiring bank loan. Hence, it is miles crucial for all groups to defend this treasured asset.
• Trademark Registration is Cheap
Trademark submitting prices have substantially come down and a hallmark filing can now be performed for just Rs.6000/- (together with professional charge, authorities’ price and taxes). Once, an indicator application is filed, the processing time for acquiring trademark registration could range anywhere among 6 months to 2 years – based totally on government processing. However, priority is afforded for trademark applications based at the date of filing. Hence, as soon as a hallmark software is filed, all different trademark software report after might now not have the equal priority and might not be registered.
Trademark Registration is legitimate for 10 Years
Once a trademark registration is obtained, the trademark is protected for 10 years. During the ten years, no other filing or fee is payable to keep the trademark registration. Also, on nearing of entirety of the ten years, the trademark may be without problems renewed to preserve trademark protection. Therefore, trademark registration is clearly cheaper than area registration within the long time and can be maintained for all time.
• Trademark may be enforced against Company Name
As in keeping with Companies Act, 2013, an employer name cannot be comparable or same to that of a hallmark. Therefore, once a hallmark is registered, an enterprise cannot be registered within the equal name. This provision of the Companies Act, 2013 can be used by Entrepreneurs to dam organization names that they want to use inside the destiny for their enterprise. Further, it is crucial for current business proprietors additionally to sign in a trademark of their business name to keep away from any complications inside the destiny.
Protects funding in Advertising & Branding
Today’s aggressive markets have made advertising and marketing and branding a should for any business. Businesses as nicely spend on various advertising medium which includes virtual, newsprint, radio, TV, and many others., to sell their brand amongst purchasers. If a logo is not always trademarked, the logo can be claimed by means of all people. Therefore, it's miles vital to report a hallmark software for the brands prior to the beginning of advertisement campaigns.
Protects in opposition to unfair opposition
A registered trademark may be used as an effective weapon in opposition to unfair opposition. Today the marketplace is filled with copycats and counterfeiters who exploit unscrupulously use brand names for their very own advantages. A registered trademark is an effective deterrent towards such unfair competition. Under trademark act, remedies are available to the owner of an indicator for unauthorized use of his or her mark or its imitation by using a 3rd party.
Documents Required for Trademark Registration Process in India
If you are in search of assist from an indicator registration company, you'll need to sign an authorization letter, which permits the company to prepare for the further procedure. During filing for the trademark e sign in, you may want to provide the subsequent files.
• Applicant’s name
• Business kind
• Brand/logo/slogan name
• Registration cope with
• Business targets
• Identity and Business Proofs
• Using Logo with Tagline
• Form 48
Different Types of Trademark Symbols
R Symbol: Protects the trademark from getting copied with the aid of others.
™ Symbol: It warns others from copying your name, logo, or emblem, however if your application is rejected, others can use your brand and call.
C Symbol: For contents and not using a copyright trouble
SM Symbol: For the service enterprise, is relevant for instructions from 35 to 45, does not provide assured safety.
How much GST is charged on trademark registration in India?
In preceding days, subsidiaries had been allowed on emblems and emblems. In the modern GST regime, the tax branch has levied 18% GST on the deemed fee of transactions. In case the subsidiaries are utilized by the manufacturers, an genuine assessment is calculated to determine the amount of GST to be levied on the precise transaction, paid to the figure company at an fee of 18%.
Trademark Registration Online in India - An Overview
A trademark may be described because the specific identity that makes your service or product stand out from the relaxation. The precise identity or expression can be a logo, photo, slogan, word, sound, odour, colour mixture or images. Most of the companies generally search for registration of logo or name most effective. If you have got give you a unique concept or emblem, then the simplest manner to shield it as your own specific identification is to patent it. A registered trademark is your commercial enterprise’s intellectual property or intangible asset. It acts as a protective cowl of the corporation’s investment made in the logo or emblem. In India, logos are registered by means of the Controller General of Patents, Designs and Trademarks, Ministry Of Industry and Commerce, Government Of India. You can register the trademark under the act named, The Trademark Act, 1999. The registration affords the proper to sue in opposition to others who try to replica your trademark. Also, nobody else can use a similar trademark to the only registered by using any other individual. Once you sign in an indicator, you could use an R symbol in conjunction with it, and it will be valid until 10 years from the date of registration. You can without difficulty get a ™ inside 3 days. But, to get an ®, it takes up to two years. In case the trademark registration is nearing expiry date, you could continually get it re-registered for any other ten years.
According to the trademark guidelines of India, items like sound, brand, words, terms, colourings, photographs, symbols, initials or a combination of these types of may be trademarked. All of these should be made use to make your enterprise stick out from the rest. A trademark utility can be carried out by personal corporations, individuals, businesses, LLP’s, or NGO’s. In the case of NGOs, LLP’s or companies, the trademark must be applied for registration inside the name of the worried business.
Why is Trademark Registration essential in India?
A services or products being offered beneath a registered trademark enables in constructing up believe, reliability, satisfactory, and goodwill in the minds of customers. It gives you a completely unique identity while in comparison to different sellers especially while you sell it online structures like Amazon, Flipkart, etc.
A Legal Protection
In case you doubt that your trademark is being copied with the aid of all of us else, you could soak up the problem legally and sue them if you have registered your brand, logo call or slogan.
Get Your Unique Identity
Customers will pick out a specific product or service most effective with the brand. Registering a hallmark ensures that competition will not use it and subsequently it remains as a company’s particular asset.
The trademark can be a treasured asset in case your brand creates a call and succeeds. It may be commercially shrivelled, bought and franchised.
Global Filing of Trademark
A trademark which is registered and filed in India can also be filed in other countries outdoor India. Likewise, foreigners also can get an indicator registered in India.
While applying for registration, you want to use it under the proper classification of lessons. We help you pick out the right class under which you need to sign up. The trademark offers you the right to promote beneath a specific emblem call within a certain zone in the financial system. In total, there are approximately 45 sectors and each quarter is named as a category. Goods and offerings are labelled into 45 specific instructions with the aid of the Trademark Registry. Every brand or brand call must be registered beneath the precise class. For instance, the Class 28 consists of services and products related to video games, sports and toys. Hence, in case you are making plans to release a brand-new toy logo, you may need to apply below the Class 28.
Preparing the Application
After we make certain that your logo call or emblem is and can be registered, we continue with the application with the aid of preparing the authorization letter first. This offers us the proper to make the trademark registration on your behalf. You can sign the letter and go back its lower back to us. We in addition assist you fill out the shape and preserve updating you approximately the proceedings until the registration process is complete.
Documents wished for Trademark Registration
An authorization letter this is duly signed with the aid of you allows us to document for trademark registration on behalf of you. After receiving the authorization letter, we start with the education of your documents, document the utility online and pay for it. Soon, you get hold of the confirmation of the software, and you may get the right to use the ™ symbol. While filing for the trademark registration, the files you want to provide are as follows:
-Registration deal with
-Identity and Business Proofs
Important things recognise about the net Trademark Registration Process
Nowadays, with the arrival of technological advancements, a trademark registration may be easily made online. You can get the help of a registered Trademark legal professional to record on-line without taking an effort to go to the registry office.
The Vienna Codification Process
In the trademark system, Vienna codification is a important step. It is an worldwide type that's given when you fill the utility shape. At this factor, your application for registration may be denoted as - “Sent for Vienna codification.”
The Examination of Trademark
After the trademark application is given for Vienna classification, the trademark will be examined by means of the Trademark officer in accordance with sure suggestions and approaches. The officer would possibly receive or reject the utility as in line with his/her discretion.
Why trademarking your business is important?
The registration of a trade mark confers upon the owner the exclusive right to the use the trade mark in relation to the good(s) or service(s) in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other. It takes a lot of efforts and time to create a brand of any good(s) or service(s). Once created, all benefits and rights tangible or otherwise, associated to it becomes your property and can reap your infinite goodwill.
Trademark registration is fundamental on the off chance that you need your business, logo, product or service to be easily noticed in the crowd.
Registering your Trademark will ensure that there is no doppelganger in the name of your product or service and the direct outcome imaginable of having to re-brand.
Registering a trademark in India is very important if you need to ensure your intellectual property resources and assure your rights.
A trademark is an important asset for one’s business and contributes to the goodwill generated.
A registered trademark can stop others from using your trademarked business name / logo etc. with regards to good(s) or service(s) if it is registered.
Trademark can be considered as an asset as it can be sold, licensed or assigned.
A trademark guarantees the identity of the origin of good(s) and service(s).
A trademark stimulates further purchase.
A trademark serves as a badge of loyalty and affiliation.
With the rising awareness approximately intellectual property wide variety of trademark registration is growing in India. Infringing the registered trademark can have quite a few felony outcomes and liability. Infringement can also show up if one party makes use of a trademark which is same or too much like an indicator that's already registered by using some other party, in terms of a services or products which are identical or much like the product or offerings which the registration covers. Trademark infringement is unauthorized use of a hallmark without understanding of the registered proprietor or any licensees. Hence, it is miles beneficial to get the Importance of Trademark Registration before it's far too past due.