A brand requires a significant deal of effort and resources to establish. Consequently, it is essential to ensure that you have the exclusive right to use the logo, slogan, shape and packaging of goods, sound, scent, and color combinations, as well as anything else that gives your brand its unique identity. The Trademark Act of 1999 permits trademark registration in India. It allows for exclusive ownership rights and restricts its use by others, thereby benefiting the registered mark’s proprietor.
Logo registration applications can be submitted promptly and online. The “TM” symbol can be used as soon as the application is filed. However, TM registration can take anywhere from 15 to 18 months. It consists of numerous procedures for validating the mark’s original ownership. In India, trademark registration is undergoing numerous innovative changes. Consider the fact that it is now possible to obtain a trademark for Unconventional Marks, allowing even a unique sound to be registered as a trademark in India.
Experts at Legal Door file over one thousand trademark applications annually. We represent clients in all of India’s main metropolitan areas, including Mumbai, Delhi, Bangalore, Ahmedabad, and Chennai.
Benefits of Trademark Registration :
1. Trademark or logo copy
2. Applicant details like name, address and nationality and for company: the state of incorporation
3. Goods or services to register
4. Date of first use of the trademark in India, if used by you prior to applying.
5. Power of attorney to be signed by the applicant
1. Even biggest businesses like coca-cola, Siemens, Apple protect their business by means of trademark.
2. The trademark would be important asset for your business and contributes to the goodwill generated.
3. With registered trademark you can stop others from using your trademarked business name / logo etc with regards to goods or services it is registered
5. Trademark can considered just like any other form of asset like real estate, as it can be sold, licensed or assigned
6. It guarantees the identity of the origin of goods and services.
7. It stimulates further purchase.
8. It serves as a badge of loyalty and affiliation.
9. It may enable consumer to make a life style or fashion statement.
As soon as you file the application, you receive an acknowledgement, which gives you the right to use the ™ symbol. Once it’s registered, you can use the ® symbol.
If your trademark resembles an existing application, offends religious sensibilities, and contains geographical names or common words, it may be rejected. Additionally, it would be declined if it’s likely to cause confusion. You cannot register the term “car” for a brand of automobiles, but you may do so for a brand of consumer electronics.
Trademark Registration is a complicated process and it takes around 18-24 months to obtain registration in a direct case, without any objections or oppositions. However, the trademark application number is typically issued within one or 2 days after application submission.
The registration application filed under the Trademark Act, 1999 is verified and registered in India and it remains valid only in India.
Numerous start-ups register a Trademark under the founder’s name, whereas large corporations prefer to do so under the company’s name. This is due to the fact that the future of a startup is always uncertain. If the founder possessed the trademark, it would be valid regardless of the entity’s location.