What are the various sorts of trademark Registration in India?
A trademark may be a visual representation of a reputation, word, label, device, or numeric characters utilized by a business to differentiate its goods and/ or services from other similar goods and services from a special business. A trademark works as an exclusive identity of the products and/ or services that an individual is offering/ selling from other such goods/ services.
A trademark once registered is an untouchable asset or can also be called intellectual property for a business that is employed to secure the company’s investment within the brand.
A trademark can get registered once it’s peculiar for the products and services that are being provided. Tendered trademarks that are similar or just like an already existing registered trademark cannot get registered. Besides this, trademarks that are generic, similar, offensive, deceptive, contain exclusively protected emblems, etc. cannot be registered either.
Following the registration of the trademark, the ‘R’ symbol is often employed by the owner and therefore the said trademark registration is going to be valid for a hard and fast period of 10 years. However, the registered trademarks approaching their expiry are often easily renewed by applying for a trademark renewal application for an extended period of another 10 years.
What are the various sorts of trademark Registration in India?
In India, trademarks are often registered in numerous types, as an example , logo, label, word mark also as device mark. As a result, the choice to register the trademark as a word mark or a logo may be a really difficult decision to form .
This easiest of the opposite available trademarks, a word mark indicates the name of the brand as an example ,Jio or Britannia has trademarked only the word, which is understood as a word mark.
A word mark self- registers the word. After a trademark gets registered for a word mark, the applicant has an absolute right to utilize and represent the word in any format or font which allows it broader protection which incorporates exclusive rights to the word as an entire and describe it in numerous formats regardless of its style for all the products and services concerning the mark.
A logo on the contrary provides the trademark holder the rights within the combination of images, words and style considered together. as an example , Nike, Adidas etc. Besides this, if the business logo is undisputedly recognized by the viewers/ customers, the applicant would want to file a trademark for that specific logo.
The shield provided to the words during a logo mark are restricted in comparison with the quality word marks because the rights during a logo are only legitimate as an entire . So if an individual desires to register a definite designed appearance or a union of stylized words and style , registering a trademark as a logo would be suitable.
*Logo Composite Mark
Ordinarily a name of a business comprises both of words also as logos as an example Jack & Jones (a global apparel manufacturer) has an intricate logo composite mark, which includes even the location of its label on the rear of its jeans. and therefore the finest thanks to safeguard the property in such situations would be to file the trademark as both as a word mark also as a logo. But because filing several trademark applications may be a costly phenomenon, it’s always recommended to register the trademark as a word mark.
A distinct trademark application for word also as logo must be filed to realize the great shield. But it’s going to not be very cost- effective for start-up businesses. Therefore, it’s recommended to register the trademark as a word mark, providing the applicant subsequent widest shield against any potential infringement.
Benefits of a Trademark registration
The greatest benefit to having a registered trademark is to be ready to safeguard one’s brand also because the business by instrumenting to the compassion of one’s business. additionally to the present , having a robust brand can act as an immediate link between the customer and therefore the product by ensuring they’re reliable and associated to the business for an enduring period of your time .
*Significance of a Trademark registration
As it is obvious from above how advantage it’s to register a trademark while running a business, allow us to now understand the importance of the registration:
*A Trademark provides exclusive identity
Ever since the market place possesses crowded with more and more companies and makes it’s become on the brink of impossible to differentiate among them. Therefore, the sole demarcation between companies for exclusivity to draw in customers to be ready to stand out is by getting an exclusive trademark registered for one’s brand and consequently build the business’s prestige over it.
*A Trademark is never- ending
As mentioned above registration of trademarks accompany a validity of 10 long years which may further be renewed very easily after every 10 years before expiry and thus , a trademark can last as long because the business is alive or maybe longer!
*ATrademark works as a shield
For every entrepreneur it’s fundamental to form sure that his/ her brand is safeguarded against competition. Now, just in case the trademark that the individual has been working to create already features a registered trademark by somebody else , then not only does that individual loses business and goodwill within the market but also loses the privilege to ban others from using an equivalent trademark. Therefore, shielding the trademark shall secure the Brand or business, which can further assists the individual by preventing others from using similar Brand.
*A Trademark is economical
The cost of a trademark registration is merely a one- time cost. Additionally, the period of time and procedure of a trademark registration has also been reduced satisfactorily. A trademark registration process usually takes about 6 months to 1 year get Trademark application accepted.
Moreover, once the trademark gets registered, an equivalent is valid for a period of time of 10 years which may be easily renewed every 10 years before expiry of the trademark.
*A Trademark is an asset
A registered trademark is an absolute asset for the business/ brand/ company which directly brings home goodwill. As a result, the desirability of a trademark thrives with the expansion of the business. In fact, a registered trademark are often sold, transferred or purchased or maybe be utilized as a security to get a loan which is analogous to any of the opposite tangible assets.
Documents required for a trademark registration
A trademark registration may be a significant procedure via which a brand/ business are often safeguarded from undesired use also as infringement. With time, the trademark registration procedure has been simplified by the govt of India to empower entrepreneurs to comfortably procure trademark registration for his or her brands within a few of months. Below are the multiple documents required to get registration of trademark in India.
Note: within the course of the registration of the trademark application procedure, it’s not mandatory to submit original documents. Scanned copies of the first documents suffice the need .
*Documents required in individual & sole proprietorship
Any person (applicant)- whether an Indian National or a far off National can very conveniently register a trademark in India. Since there’s no necessity to make a legal entity or a business entity to urge a trademark registered.
Besides this, the documents needed to urge a trademark registered within the name of a proprietorship are just like that of a private as under:
*Documents required for partnership / company / LLP / Small Enterprises or Start-ups
In India, the Government fee for trademarks Application ranges between Rs. 4500 to Rs. 9000.
For start-ups, small enterprises, individuals and proprietorships, the lower trademark registration fee of Rs. 4500 is applicable and for all other business entities, the trademark registration fee as set by the govt is Rs. 9000.
Now, to fall into the category of small enterpriser start-up, the individual applicant is required to possess to supply the Udyog Aadhar registration certificate. Also, additionally to the Udyog Aadhar registration, the subsequent mentioned details are required.
*Partnership / Company / LLP
In the event of a partnership firm or an LLP, the entrepreneur/ applicant is required to submit the subsequent documents:
*Documents required for other applicants during a trademark registration
All other applicants, including companies that don’t have UdyogAadhar registration, will need to submit the subsequent documents to get trademark registration in India.