To govern the trademark in India Trademark Act of 1999 is there. As per this law one who wants to protect their trademark should register it with the registrar of the trademarks. Without trademark registrations it’s a little difficult to protect your trademark. Hence one who wants to make one’s trademark safe and secure must register it by following proper trademark registration procedure without which it is not possible to register your trademark. Currently both online as well as offline trademark registration procedure is available, it’s up to the applicant which one he or she wants to choose. As an expert we always suggest registration of the trademark by online procedure. Here in the blog in front of you we are going to discuss the registration procedure for your kind referral. For the better understanding of the same, you must go through the entire blog carefully.
What do you Mean by Trademarks?
By observing them, you can determine whether nearby companies are associated with specific markings, symbols, signs, or emblems. They aid in the recognition of the specific companies. These logos, marks, signs, and symbols are trademarks. A trademark registration is required in order to safeguard them. No one else may use these marks, symbols, signs, or logos without your permission after you e-register your trademark.
The business sector is quite diverse, and new companies that provide various goods, services, and products are periodically started. Without segmenting these goods and services, obtaining trademark registration in these conditions is highly challenging. To make trademark registration and administration easier, trademarks have been divided into 45 classes based on the different commodities and services. Selection of proper class is one of the intrinsic parts of the trademark registration procedure .
Trademark Registration Procedure in Detail
In order to register trademark in India follow the trademark registration procedure given below:
Select a Good Trademark
Selecting a strong trademark is no easy task. A good trademark requires careful consideration and research to ensure it is not currently in use by someone else. When selecting a trademark, it can be wise to consult an expert. This has been recommended since, as a payment, you are not familiar with trademark searches and other related matters; hence, an expert can assist you with the same.
Identify Trademark Class
It’s important to determine which category your company trademark will go into after deciding on a catchy name for your beans. You must determine which of the 45 trademark classes which are divided into distinct categories for different goods and services your trademark belongs in. An expert can assist you here as well. It is one of the most important steps of the trademark registration procedure.
Trademark Search
Obtaining registration will become exceedingly challenging if the trademark is opposed to. Therefore, conducting a thorough trademark search before registering your brand’s concern trademark is really needed. Search for a trademark cannot be done by a random person, it must be completed by an expert who has knowledge with respect to the same. It is the next important step of the trademark registration procedure.
Filing of Trademark Application
Prepare a good application and include all necessary documents with it in order to e-register your trademark. Check the application twice after it is finished to ensure that there are no errors. After everything is finished and attached, submit the application with the necessary fees in front of the trademark registrar. Filing is the intrinsic part of the trademark registration procedure.
Examination of Trademark
After completing the tasks outlined in the preceding three steps, the trademark registrar will examine or verify your application. You will have to wait while they thoroughly inspect everything, which will take some time. If everything checks out, your application will be published in the trademark register; if something is missing, an inquiry will be raised. You have a short window of time to respond to that question.
Publication and Objection
After the proper examination of the application by the examiner of the trademark it will be published in the trademark journal for the reference of the public. The main motto behind publishing a trademark is to make sure that it is not already in use by some third party. In case anyone has an objection with respect to the same they can raise it in this period.
Certificate of Registration
If, after the aforementioned procedure, it is discovered that no objections were made or that the objections that were filed have been addressed, then trademark registration will grant you trademark registration and issue a trademark registration certificate. By following these six easy steps, you can e-register your trademark.
Advantages of Trademark Registration in India
Some of crucial advantages of trademark registration are:
- Helps in the creating brand value in the market among the various rivals or we can say competitors of the business
- Helps in brand protection
- It secures trademark by providing security against third party use
- Helps in getting royalties
- One can earn by trademark licensing
- Noone can use the registered trademark of the business without the permission of the business owner
- If anybody used the trademark without consent he or she may have to face fines and penalties
- Creates reliability and credibility in the market
- Helps in getting customer attention
- Gain the trust of your clients, as this will contribute to the expansion of your company.
- Registered trademark is acceptable as a evidence in the court of law
- Trademark can be registered by following easy online procedure
Conclusion
Due to the various available advantages of the trademark registration one must register one’s business trademark. It is beneficials for the business in many ways as discussed above. Registration of a trademark can be done by simply following the proper trademark registration procedure . Obtaining a trademark is a difficult process; even a minor error could result in your application being denied. For this reason, it is advised that you get professional assistance when registering your company’s trademark.
