10 August 2021
When Shakespeare said “what’s there in a name” he probably had no idea how the situation will be now. In today’s times a simple name can cost you a fortune. Hence it becomes even more important to get a Trademark for your brand name and protect your brand from any kind of infringement.
As per Section 2 of the Trade Marks Act, 1999, a Trademark is a mark that distinguishes the goods and services of one company from another. Trademark can be anything from a symbol to a label or a logo.
Trademark registration gives the legal right to the owner to use the name, logo, symbol etc. as the identity of the business. Further, it provides a clear picture of your company to customers. The Trademark Registration in India is regulated by Ministry of Commerce & Industry, Controller General of Patent Design and Indian Government.
Before the process of Trademark registration is initiated it is important for any businessman to know certain crucial aspects about the Trademark registration. We have put together a few points that you should know before you begin the process of registration.
The business needs to choose the appropriate class to register a Trademark according to its nature. There are a few types of Trademarks based on the type of goods/services provided by the business which are – Product marks which are marks on products or goods which facilitate the customers to determine the tangible product with ease, Service marks to register services. It enables the customers to recognize a particular service from its Service mark.
2. Choose a mark which is protective -
The trademark should be descriptive of the type of goods or services provided by the business but should not be too generic. It is essential to keep in mind that the brand name, logo is easily identifiable yet not too generic in order to avoid any issues arising due to it being similar to any other brand’s name or logo etc. and yet protects the brand from infringement.
3. Check for similar marks and the availability of the chosen mark in the specific class -
Since each Trademark is filed in a specific class based on the goods or services the business is providing to its customers, it is essential to ensure that no other Trademarks are registered in the same class which are similar to the ones you are intending to file for. Running a preliminary search in the database to check for any such similar trademarks in the same class in the database becomes essential as it can be a reason for the rejection of the trademark by the registrar. If there are no such marks already applied for/registered in the class, it shall be advisable to go ahead.
4. The cost involved -
The cost involved in filing the Trademark application varies on the basis of the type of entity which is applying for such mark. If you are an individual, small enterprise or a start-up then you will be required to pay INR 4,500 for e-filing of the application, in case the applicant is any person other than a start-up, small enterprise or an individual, the application fees is INR 9,000 for e-filing.
5. Validity of the Trademark –
A registered trademark has a period of validity that stretches up to 10 years before it has to be renewed again. However, the renewal process may be initiated only within one year before the expiry of the registered trademark. If one fails to do so, the trademark will be removed. Even on removal, the trademark can be reinstated through what is known as the restoration of the trademark in the prescribed form.
Trademark in India is an efficient tool to gain a competitive edge over other businesses of similar nature. Apart from giving a unique identity, Filing for your Trademark comes with a package of advantages which can be beneficial for the business in the long run. To name a few: greater brand image, product differentiation and identity and most importantly legal protection against infringement.
In case you need any legal assistance in Trademark Registration, Treelife Consulting is a one-stop solution for you.
The contents of this article are for information purposes only and do not constitute advice or a legal opinion and are personal views of the author. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer to relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc. before acting on the basis of the above write up. By the use of the said information, you agree that the Author / Treelife Consulting is not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof.
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