What Is A Trade Marrk ?
- A trade mark is a sign that you can use to distinguish your business’ goods or services from those of other traders.
- A Trademark generally refers to a “brand” or “logo”.
- Trademark registration can also be obtained for a business name, distinctive catch phrases, tag-lines or captions.
- Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an indication of origin of the goods as well as an indication of quality.
WHAT ARE THE ADVANTAGES OF TRADEMARK
Trademark benefit both businesses and consumers. Trademarks allow businesses to build an identity and reputation with customers, and grow or expand business. They allow consumers to take an informed buying decision by searching out familiar brand names and avoid bad buying experiences by avoiding the brands they didn’t like.
- Confers upon the owner the exclusive right to use the brand.
- Protects hard earned goodwill in the business.
- Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus discourages others from cashing on your long built goodwill.
- Gives your products a status of “Branded Goods”
- To obtain legal relief in respect of infringement (misuse by others) of the trade mark.
- Power to assign (transfer) the trademark to others for consideration.
Requirements For Filing A Trademark Application:
- The name, address and nationality of the applicant. If the applicant is a partnership firm, the names of all the partners. Also mention whether any minor is a partner.
- If the applicant is a company, the country or state of incorporation.
- A list of goods and/or services for which registration is required.
- Soft copy of the trademark to be registered.
- If the mark contains or consists of non-English words, a translation of those words into English is required.
- Date of first use of the trademark in India, if at all used
- Power of attorney simply signed by the applicant (no legalization or notarization is required). For Indian clients, power of attorney to be executed in 100 Rs. stamp paper and signed by the applicant. The power of attorney is not required at the time of lodging the application and can be submitted later with no additional cost.
How The Symbols (R) And (TM) Can Be Used In India?
Only the proprietor of a registered trademark can use the symbol (R), using the symbol (R) unless the mark has been registered is unlawful in India. Using symbol (TM) with trademark simply means that one claims to be the proprietor of the trademark. There is no prohibition of the use of symbol (TM) in India.
How Long Does It Take To Register A Trademark?
Normally, you can start using the (TM) symbol once you have applied for Trademark, but ti will take at least one to two years to get a registered trademark. Once your trademark gets registered you can use the (R) symbol.
What Are The Consequences Of Not Registering Your Brand Name Or Logo?
In India, registration of trademark is not mandatory, but if left unregistered the following problems would be occurred:
- Usage of your Brand name or logo by other business ventures with slight modification and changes to the name and logo.
- You may have using the Brand name or logo without registering it for many years, but your competitor might register the same Brand name or logo on his name, then chances of getting sued for using his Brand name or logo by your company.
- Unregistered Brand name or logo always have threat of infringement. Trademark registration protects your Brand name or logo from being infringed.
What Is The Validity Of A Trademark Registration?
Once the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.