Trademark Registration in India

Trademark Registration in India

Saving your brand is actually saving your hardwork from being misused

To use marks, symbols and/or words for identification or representation of a business house or a the product, for the business to uniquely offer to its customers as in comparison to the competitors, one needs to use service Trademark registraion in India and register for Trade Mark or Service Mark. Once registered, no one can use the same and your brand is protected.

Do we really need Trademarks:

• Protection of intangibles – Registration of Trademarks saves from copy of company’s name, logo, copy of product or content. It gives the ownership of the registered trademark before any one else across the country and if challenged, the decision will be in favour of the one who is the owner of such trademark.
• Rights – Only the owner has the right to use the trademark be it for publicity, so once registered, the same trademark, in same class can not be allotted to any one else.
• Legal cover – the rightful owner of the trademark can sue the one who infringes the registered trademark upto three times of the damages so incurred due to the infringement on the other hand, the infringer can also be put behind the bars, if he intentionally did so.

Once the registration is done then, the “™" symbol may be used by the applicant of the trademark. This is a must especially to stop from copying the products or stopping the fake supply in the market. Customers can easily check the authentication before buying. This intangible asset actually increases the value of the firm and organization. Likewise, patents, etc can also be applied to protect unique formulation.

Types of registration of Trademark:

• Words and service Marks
• Shape Marks
• Logos, symbols, domain names
• Series Mark
• Collective Marks
• Certification Marks

Since trademark application is a technical thing requiring expertise especially about class, description, prohibitions, national and international cases etc., we advise to file it through experts, like us, not just the application. Not only the application, there are other steps also of the procedure, follow ups etc. or litigation also that only experts can handle.

Steps of registration:

1. Search – Trademark search is the first step to be carried out for the marks and the classes
2. Application preparation – A Trademark attorney can prepare the application in requisite form, TM-1
3. Processing part – The application is filed and processed for either granting the trademark or rejection or the objection part, in case the objection is filed by any previous holder, reply should be submitted in 30 days’ time.