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What is a trademark?
In short, a trademark is a brand logo that represents your business. It can be a visual symbol like a word, signature, name, label, number, color, or a combination of these components. It helps a particular good, service, or business distinguish itself from others.
Usually, a logo is used to identify their products or services from their competitors.
Trademarks are registered under the Trademark Act, 1999. They provide the owner with the right to sue for damages when infringements of a trademark take place. In India, trademarks are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. For a Quick trademark Registration service, you can Contact Lawmitra.
Who can Register a Trademark in India?
Anyone can apply for trademark registration and then get the right to use the ‘TM ‘symbol. Any individual or a company, LLP, a proprietorship firm, a Partnership firm, a Trust, or a Society, who claims to be an owner of the said organizations can apply for a trademark for their Good or Services. In an ideal situation, your Trademark will be treated as registered within six months; otherwise, it takes about 18 to 24 months to complete registration but you can use the Registered symbol for yourself in the interim.
Please note: Once a trademark is registered, it is valid for ten years from the date of filing, which further can be renewed from time to time.
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How to register a trademark in India
It is highly recommended to take an expert’s help while getting a trademark registered for yourself. For appropriate assistance, you may contact Lawmitra.
Here’s how you can apply for this in three simple steps:
Step 01 Trademark search
The first step to getting started with the trademark application process is to check whether your business name or logo is available or if something similar exists. For this purpose, you can write us or take our expert team’s help.
Usually, the trademark Attorneys conduct this search with the help of their unique tools or via public search.
Once you are assured that your Trademark is unique for uses for a brand name or services, you can move to the next step.
Step 02 Creating an application.
As you confirm that your brand is not similar to any other existing brand, the next step is to draft the trademark application. Again, taking a professional’s help at each step is recommended until your Trademark is treated as Registered. You may have to suffer a lot if you make any mistakes while drafting a trademark application. In that situation, the registrar will call for a trademark.
Step 03: Registering a trademark
The last step is to submit the TM-A Application. In the case of an individual, startup, or micro, small, and medium enterprise Government will charge Rs 4500/-. In the case of any other business entity, the fee will is INR 9,000/-.
- After submission of the trademark application, the registrar will examine the Application and report the examination report.
- If it has no objection mentioned in the examination report, it makes an advertisement in the Trade Marks Journal.
- Suppose other businesses have no opposition in the next 120 days from the publication date. In that case, your Trademark shall be treated as Registered, and the Registration Certificate will be issued.
Benefits of getting a trademark for your business
Every renowned brand like Samsung, Apple, Pepsi, Google, etc., protects its business by registering a trademark. Here are some of the significant benefits of getting one for yourself or your business:
- If you have a registered trademark, you can stop others from copying your trademarked business name/ logo concerning the goods or services they provide. In other words, it confirms the identity of the origin of any particular thing.
- Once you register your Trademark, you have all the right to sell it, with goodwill or without goodwill. It means your Trademark is an asset like other forms of support, such as land, and you can consider a license as it can be sold, licensed, or assigned.
- For a business, it serves as a badge of loyalty and affiliation and helps in stimulating further purchases.
To conclude, it can be said that registering for a trademark is an intelligent decision. If it is done with proper research and care, it turns out to be one of the most significant assets for an individual and a business. However, the process of registering itself seems a bit tedious and time-consuming. Therefore you must consider a Trademark Attorney, and we are here to serve you.