Trademark Registration
A trademark is a word, phrase, symbol, or design that helps differentiates the goods & services of one entity from that of others. Articles discusses about Trademark Registration, Types of Trademark, Documents required for registering a Trademark, Important things to know before registering Trademark Online, and How is Trademark registration obtained?
Table of Contents
What is Trademark?
A trademark is a symbol that distinguishes one company’s goods or services from those of other companies. Intellectual property rights safeguard trademarks.
How to run a free trademark search to check if a name is trademarked?
The free trademark database on the USPTO’s website may be used to search for federally registered trademarks. First, go to USPTO’s Trademark Electronic Business Center @ http://www.uspto.gov/main/trademarks.htm, choose “Search,” and then read the on-screen instructions.
Types of Trademark
The types of Trademark are as follows:
Product Mark
A trademark is the same as a product mark. The sole distinction between the two is that trademarks for items or things, not services, are concerned.
Service Mark
A service mark that resembles a trademark. It indicates the source of service rather than a commodity or an item.
Collective Mark
Such trademarks are used by a group of firms and are collectively protected by the organization.
Certification Mark
A certification mark is a symbol that indicates that the products or services have been certified by the sign’s owner in terms of source, substance, durability, reliability, or other qualities.
Sound Mark
Lately, sound has become a significant component of marketing. As soon as they start playing in the commercial, we become aware of the product.
What is Trademark registration?
You may protect your brand or logo by registering it as a trademark, often known as logo registration or brand registration. By registering a trademark, you get ownership of the emblem, title, or brand.
What are the documents required for registering a Trademark?
- Signed Form-48 with a copy of the logo (optional).
- Certificate of Registration for Udyog Aadhar.
- Certificate of Incorporation or Partnership Deed
- Proof of Signatory’s Identity
- Proof of Signatory Address
- Additional Applicant
How is Trademark registration obtained?
The very first step is to submit an application for a trademark with the Trademark Registry of India. Currently, most filing is done online. Following the submission of the application, an official receipt is issued for future reference. Mention Trademark Class. The test may take anywhere from 12 to 18 months. The Trademark may be accepted unconditionally, conditionally, or as an object by the examiner. Following publication in the Trademark Journal, the application for trademark registration is processed, and a registration certificate bearing the Trademark Office’s seal is issued.
Why is it necessary to register a Trademark?
A trademark safeguards your brand and gives you the resources you need to keep others from riding on your coattails.
Intellectual Property Protection
The most frequent intellectual properties to be trademarked are titles, slogans, and logos, but other distinctive aspects can also be registered for your business.
Powerful Deterrent
The trademark owner receives the right to publicly promote the brand as a registered trademark, alerting others to your registration and precluding the defense of innocent infringement.
Legal Remedies
When a trademark is registered, the trademark owner has the right to sue an offender for up to treble damages. Upon registering a trademark, the owner of the brand has the benefit of the presumption.
Important things to know before registering Trademark Online
Trademark Search
Any step done to determine whether or not a trademark is registered in commerce is referred to as a Trademark Search.
Trademark Filing
The Trade Marks (Amendment) Act, which allows for the registration and improved protection of trademarks for products and services and the prevention of the use of fraudulent marks, governs trademark application and registration in India.
The Vienna Codification Process
The Registry performs Vienna codification in order to do trademark searches for artworks/logos. After the Vienna codification is completed, the trademark registration procedure still has a long way to go, including formality checks, inspection, publication, and certification.
Trademark Examination
After assessing the registrability of the application, which includes uniqueness, the existing resemblance with earlier registrations, and filing of supporting papers, the Trademark Office issues a report of examination.
Trademark Journal Publication
The publishing of a trademark in a trademark journal is an important stage in the trademark registration process. The mark is published in the trademark journal if the Trademark Examiner has not objected to it in the examination report or if it has been objected to and overcome. How is Trademark registration obtained?.
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