TRADEMARK : BENEFITS, SYMBOLS, DOCUMENTS REQUIRED

 

WHAT IS TRADEMARK

Trademark is like a unique symbol which is used to determine the products and services of a particular business. This unique sign can be a logo, slogan, picture, word, sound, design colour combination, or even an expression however, most of the businesses and companies only go for a logo Registration or brand name registration. Trademarks were proposed to safeguard businesses and as well as the customers. The trademark is a unique expression which is associated to a product or a service that differentiates it from others. Trademarks are identified as intellectual properties and thus need to be protected from invasion. The Trademarks and all its rights are protected by the Trademark Act, 1999. Trademark registration is important because it protects your trademark by preventing others from copying it and fabrication of other products with your mark. Trademarks also help the customers to identify the brand and its value. The TM Registration expires after 10 years of its registration and then can be renewed again for another 10 years. This registration process can be indefinitely done as it does not have a definite limitation period. The trademark will continue to be under the protection of the Act as long as you keep renewing it.

                                       TRATION IN INDIA

BENEFITS OF TRADEMARK REGISTRATION IN INDIA

• Legal protection: Trademarks provide a certain type of legal protection to the owner and when it gets registered the owner has the right to charge any other party who tries to breach the current trademark. It also provides protection during the creation of trademark by any other trader as in the research process they will find your trademark in the Trademark Database/Trademark Registry and thus prevents Trademark Infringement. If in any case, other trader tries to register the same brand name their trademark as that of yours, then they will be objected firstly by the Trademark Office. If you ever found that somebody is using your trademark you have the right to claim infringement case on them under certain conditions.

• Builds trust and goodwill: The developed quality of the products and services are recognized by everyone through their trademark and which builds trust and goodwill among the customers in the market. It builds a trust relationships with the customers who are loyal to the brand and is useful helpful in customer retention. 

• Business expansion: A trademark builds a relationship between the customers and the products of an organization. You can create a customer base if you have efficient and good quality products. The trademark is helpful for customer retention and its expansion. Registration of the trademark is valid for 10 years and protects the business revenues. Business organizations can enjoy the benefits of a customer base by forming new products and expanding their business as well. 

TRADEMARK SYMBOLS

1. TM means : TM stands for trademark. The mark is used to notify the public that the owner considers this particular mark to be exclusive which means that the owner is claiming rights to that mark.
   
   
2. SM means: SM stands for service mark. It is similar to the TM but the only difference is that SM is used for covering services like hotel and restaurant services, legal services, beauty services, etc.
   
   
3. ® mean : It is used to inform the public that a trademark or service mark of a product is registered and also provides its owner the legal ownership.® symbol should be used only with registered trademarks.
   
   
   
4. © - Copyright : Copyright registration is a legal term that lets you protect your original content, educational, artistic, and creative works. Our professionals will help you so that you can protect your works from plagiarism.
   

DOCUMENTS REQUIRED

1. Logo or Trademark: A clear image of the logo or trademark to be registered in JPG or GIF format.
   
   
2. Applicant details: Name, address, and nationality of the trademark owner. If the owner is a company, then the name and address of the company along with its state of incorporation must be provided.
   
   
3. Power of attorney: A power of attorney signed by the trademark owner or authorized representative, empowering a trademark attorney to file and prosecute the application on their behalf.
   
   
4. Goods and services description: A list of the goods and services for which the trademark is being registered, classified according to the Nice Classification.
   
   
5. Form of Authorization: If the trademark owner is not personally signing the trademark application, then a Form of Authorization must be provided to allow the attorney to sign on their behalf.