Trademarks refer to the mark of your trade. To be even more precise, trademarks are the marks that represent your business. However, once you have protected your mark, you need to ensure that only you can use that mark for your products/services. Therefore, in order to protect the trademark, trademark registration is implemented.
A mark as per Section 2(m) of the Indian Trademarks law, includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.
Defined under Section 2(zb) of the Trade Marks Act, 1999 – a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours:
So a mark, generally put, could be anything from a logo to a name to even shape of goods or combinations and as long as it is capable of distinguishing the goods/services of the applicant in question, it is a trademark.
Trademarks that cannot be registered
A trademark will not be registered if it is generic, deceptive, not distinct with a likelihood to cause confusion or offensive.
Advantages of Trademark registration
- Trademark registration primarily helps to build and retain loyal customer base while deterring competitors from using similar names or selling their products or services using your name.
- It also prevents any confusion clearly identifying from which business house a product or service originates.
- A trademark registration, in essence, protects the goodwill earned by your business.
- A registered trademark proprietor of a business has the right to sue against any person or legal entity for any infringement and obtain an injunction to cease from any such infringement and also pay financial compensation in the form of damages or on the account of profits made.
- A Trademark is the intellectual property of a business needs to be cautiously protected with proper registration as this will be needed in the future if you plan to franchise the brand or enter into any commercial business arrangement based on the strength of your brand.
Disadvantages of not registering a trademark
Any business that has not registered its trademark will not be able to avail of the statutory protection under the Trademark Act.
Period of validity of a registered trademark
A trademark registration is initially valid for ten years and thereafter subsequent renewal will further extend the trademark protection for another period of ten years.
Trademark Registration Procedure
- Trademark search.
- Discussion on class.
- Pre-draft on TM-A.
- Final application.
- Regular updates.
Documents Required for Trademark Registration
- Applicant’s Name.
- Type of business.
- Objective of the business.
- Registration Address.
- Identity Proof of the trademark owner or the person who is authorised by the trademark.
On your behalf, an attorney is authorized to file for the trademark application with the Trademark registrar. The trademark user affidavit should be submitted in case a claim for the previous trademark was made in the application.
HOW CLIDEL HELPS YOU WITH TM REGISTRATION
- Trademark search: Finding out whether the mark is already existing, Identifying the class of trademark.
- Authorization letter drafting: so we can file it on your behalf (Power of attorney).
- Affidavit: Preparing a representation on your behalf.
- Final application: Filling forms with registrar.
- Regular updates.
To facilitate easy classification of businesses the Indian Trademark Registry has assigned groups (classes). There are 45 classes in total which group various product and service offerings. This basically brings any business you choose to pursue into any one of these 45 classes.
Upon registration of your trademark, you will be allowed to use the R symbol to denote that the trademark has been registered and enjoys protection under the Trademark laws of India.
The TM symbol is generally used to indicate that there has been a trademark application filed and pending before the Trademark registry and serves as a warning to infringers.
SM symbol is used for the service industry. The symbol is applicable for classes from 35 to 45. It is also not guaranteed protection against copyright issues.