An entrepreneur must have to Understand the basics of trademarks as it is an important point in the brand building. At the end of this note, you will be able to know the following points and aspects of the trademark. What is a Trademark, its types and function, importance, who can register a trademark and how to get online trademark registration done in India? I hope at the end of this keynote you will have a deeper understanding of trademarks and you can make required decision to protect your business and your brand.
First, let’s know all the W&H of Online Trademark Registration in India.
What is a Trademark?
A Trademark generally refers to a “brand” or “logo”. it is a recognizable sign, word, design or an expression which is used to identify the goods or services of a seller from those of others.
Trademark registration can also be obtained for a business name, distinctive catchphrases, taglines or captions.
Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Pepsi, Amazon, Reliance, Airtel, Lenovo, P&G, Patanjali etc.
It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.
Types of Trademarks
A trademark can be of following types depending on its usability:-
- Product Mark
- Service Mark
- Sound Mark
- Certificate Mark
- Collective Mark
- Shape Mark
- Pattern Mark
- Sound Mark
Types of Trademarks Symbols
Trademark are of three types namely Trademark, Service Mark and Registered Mark. The respective symbols are TM, SM, and ®.
- The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application.
- The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered.
Note: The registration process is the same for both trademark and service mark.
The procedure for registering trademark in India
With these simple steps, you can register your trademark online. Here are the steps you need to take.
Step 1: Visit our service page for Trademark Registration
Step 2: Fill the Inquiry Form. and our trademark attorney will contact you
Step 3: Provide the required documents and make the payment
Step 4: Relax, Venture Care will apply for your trademark registration within 2 days.
Step 5: Start using “TM” or “SM”.
List of Required Documents for filing an online Trade Mark Application in India:
- Trademark or logo copy
- Applicant details like name, address, and nationality and for company: the state of incorporation
- Goods or services to register
- Power of attorney to be signed by the applicant in 100 Rs. stamp paper.
Why one should consider registering trademark for the business or brand
A trademark helps you in Securing your unique business or brand name, word, tagline, symbol or logo. You need to apply for protection of your Brand name so that others could not use or misuse your brand name. By registering it, you can obtain a full right to your brand name or business name.
Here are some of the advantages of registering your trademark online:
- The claim of ownership: Registering your trademark gives you the mark of ownership, which essentially means, that you retain the exclusive use of the mark and no one else can use it. Thereby, helping you establish your brand more effectively.
- Listing in IP India’s Database: Being listed on IP India’s online database ensures that others know that you own the mark and have exclusive rights to using it. It acts as a deterrent against possible misuse/misrepresentation.
- The right to use the ® symbol: Once your trademark has been registered; you have the right to use the ® symbol which shields your trademark from infringement by granting it legal protection.
- Sell and License your brand: Having a trademark can help you sell and license your brand and also helps in brand recognition.
- Protects from unfair practices: It secures your business from unfair practices such as the use of deceptively similar marks by rivals that could hurt your brand’s image. A trademark gives you legal protection from such unfair practices.
Where can I get my trademark?
A trademark application can be filed on your own, either by filing an application at the Trademark Registry offices or else you can register a trademark by applying online on IP INDIA. However you can save your time and money by consulting the experts at Venture Care, we will assist you thoroughly in filling up your application in just 2 working days.
If you want to register your trademark click here to go to our service page.
If you have any query related to online trademark registration in India. Please comment your query in the comment box below.