Introduction
Trademark Registration
In today’s life business has become competition and protecting the brand has become crucial nowadays. A trademark, which can be a word, phrase, symbol, design, or a combination of these, differentiate your goods and services from the other company so that they cannot misuse that. Registering the trademark not only helps in safeguarding the brand from other but also helps them in providing legal protection and help them to enhance the brand value of the business. This comprehensive guide will guide you about the trademark registration.
WHAT IS TRADEMARK?
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademark can include various things:
WORDS.
Brand names or slogans
LOGOS
Graphic symbols or designs.
SOUNDS
BEE (Bureau of Energy Efficiency) has nowadays started conducting various energy audits and has started recommending measures for improving the energy efficiency in various industries and various establishment
COLOURS
Distinctive colours that are integral to the brand identity.
SHAPES
Unique product shapes or packaging.
BENEFITS OF TRADEMARK REGISTRATION
There are several benefits of Trademark registration and some of them are as discussed as under:
LEGAL EXCLUSIVITY
Registering your trademark grants the owner the exclusive right to use the mark in connection with the companies good and services. This usually help the companies by preventing the others from using a mark that is identical or confusingly like yours, providing a significant competitive advantage.
LEGAL PROTECTION
Trademark registration helps the company by acting as a shield to avoid the other companies from using the same logo as of the companies reducing the risk of potential infringement. If a dispute arises, having a registered trademark provides a solid legal basis for acting against infringers.
CUSTOMS PROTECTION
Registered trademarks can be recorded with customs authorities to prevent the importation of counterfeit goods, further protecting your brand from defaming.
ENHANCED BRAND VALUE
A registered trademark is an asset that can unknowingly increase the value of the business. In case someone wants to sell the business, this trademark helps them to increase the value. A strong recognizable trademark helps the company by building trust in the hearts of the customers/consumers.
PROTECTION AGAINST DOMAIN NAME
A registered trademark can be used to challenge and recover the domain names that are identical or like that of the business and helps the company to stop the fraud and protects the online presence.
MARKETING AND BRANDING
A registered trademark helps the business to create a unique and different market presence. a registered trademark sets your products or services apart from competitors. registered trademarks can be a powerful tool in marketing and promotional activities, reinforcing the brand's identity and reputation
INCREASED CREDIBILITY AND TRUST
A registered trademarks proves that the business established is reputable and serious about their brand. This can enhance the customer trust and confidence in product and service. Registering can help to enhance the business profile help to attract more investors, partners, and customers.
LONG TERM PROTECTION
A registered trademark can become a part of your business’s heritage and legacy, contributing to its enduring presence in the market.
CLASSES OF TRADEMARK REGISTRATION
Trademark Classification of Services
TRADEMARK REGISTRATION PROCESS
There is a proper process for the registration of the trademark of the company and the step is discussed as under:
STEP 1: CONDUCT A TRADEMARK SEARCH
Before applying for a trademark, it is very important for the company to make sure that the trademark they are looking for is not taken already by some other company to make sure that this does not happen to ensure this that the mark is not already in use it involves:
1. PRELIMINARY SEARCH
Checking online and conduct internet search
2. COMPREHENSIVE SEARCH
Using professional search services to review the database business, business names and the database.
STEP 2: PREPARE YOUR APPLICATION
Once it is sure that the trademark is unique the next step is to prepare your application. The application for the trademark registration usually includes:
1. APPLICANT INFORMATION: Details about the person or entity registering the trademark.
2. REPRESENTATION OF THE MARK: A clear depiction of the trademark.
3.GOODS/SERVICES DESCRIPTION: A detailed description of the goods or services associated with the mark.
4. FILING BASIS: Indicating whether the mark is already in use or intended to be used in the future.
STEP 3: SUBMIT YOUR APPLICATION
The next step is to submit the application to the appropriate trademark office. All the documents along with the application is to be submitted for the verification process.
STEP 4: APPLICATION EXAMINATION
After the successful submission of the application the next step is for the trademark office to examine the application and all the documents submitted and make sure that the all the documents comply with legal requirements and does not conflict with existing trademarks. This process includes:
1. FORMAL EXAMINATION: Checking the application for completeness and accuracy.
2. SUBSTANTIVE EXAMINATION: Assessing the distinctiveness and potential conflicts with existing trademarks.
STEP 5: PUBLICATION FOR OPPOSITION
If the application submitted is passed after the examination it will be published in an official gazette for opposition. This period allows third parties to contest the trademark to make sure that it does not harm their existing trademark right.
STEP 6: REGISTRATION
if after the publication and no opposition is raised or if any of the opposition is resolved in the favour your trademark will be registered. You will receive a certificate of registration, officially granting the rights for the trademark. Thus, making sure that business can use the trademark without any hesitation.
COMMON CHALLENGES AND TIPS
There are some of the common challenges faced while the trademark registration and the tips to avoid that are:
• DESCRIPTIVENESS
Trademarks are the mere description of the good and services they represent and those are often rejected. So, it is advised that the mark used must be distinctive and creative.
• SIMILARITY TO EXISTING MARKS
Conducting a thorough search can help you avoid selecting a mark that is too similar to an existing one. Even slight similarities can lead to rejection or legal disputes.
• MAINTAINING DISTINCTIVENESS
Over time, a trademark can become generic if it is not used properly. Avoid using your trademark as a generic term for your product or service.
