What is a trade mark?
In simple terms, trademark is a brand or logo which represents your business. A Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one company from those of others. A trademark is a visual image, which might be a word, name, device, mark or numerals utilized by a business to recognize it products or services from others.Trademark Registration protects your company from being misused by any third party. Trademark is essential for any kind of business or brand in India. Web Based Startup dependably need to secure their logo, even Trademark secure your Website Domain, Logo, and Word mark etc.
A Trademark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or any combination thereof, So your trademark is studiously created identity of your goods or service of your company. Trademark makes and holds clients. We can say your trademark result in building the image of the company which at long last form the goodwill of your corporate.
Advantages of trademark Registration
- Trademark registration distinguishes the goods or service from others.
- Trademark Registration India ensures its worth
- Trademark Registration promotes the goods or services of the company
- Trademark Registration in Coimbatore, India makes great image for the goods/brand
- Trademark Registration gives the owner exclusive right to use the brand.
- Protects earned goodwill in the business.
- Gives your products a status of 'Branded Goods'.
- Power to assign (transfer) the trade mark to others for consideration.
- The trademark would be important non tangible asset for your business and contributes to the goodwill
- With registered trademark you can stop others from using your trademarked business name / logo etc with regards to goods or services it is registered
- Trademark can considered just like any other form of asset, as it can be sold, licensed or assigned
- It guarantees the identity of the origin of goods and services.
- It stimulates further purchase.
- It serves as a badge of loyalty and affiliation.
- It may enable consumer to make a life style or fashion statement.
What Can be Trademarked?
A trademark registration gives an assurance to the proprietor of the brand. The following can be registered as a trade mark but a mark must be distinctive and capable of distinguishing your goods or services from others
Use of Trade mark symbols ™ & ®
If you successfully register a trade mark, you are permitted to use the ® symbol next to your mark. Another common symbol associated with trade mark is ™ − this denotes that the mark is being used by the company as their trade mark but it does not mean that the mark is registered or protected under the trade mark law.
Documents required for filing a Trade Mark Application in India:
- Trademark or logo softcopy
- Applicant details like name, address and nationality. If the applicant is a partnership firm, the names of all the partners
- Description of Goods or services to register
- 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,
- Power of attorney to be signed by the applicant in 100 Rs. stamp paper.
The procedure for trademark registration in India
This search is to check whether your business name/brand or logo is similar to other already registered/applied trademarks in TMR. Generally trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks already registered under that particular class.
- The Trade marks office will scrutinize your application, and issue the Examination Report
- If it has no objection, it makes an advertisement in the Trade Marks Journal.
- If there is no opposition from other businesses in the next four months, your trademark is registered around six months later.
Trademark Logo Registration
Based on the results of the search conducted, If someone already has the same or similar trademark, you need to change yours, the trademark agent will draft trademark application In Tm 1 or TM 51 provided that your business name / logo found to be unique. Or if you are of opinion that the trademark is rightfully yours and you are using it since long time even before other party trademark registration. You can start as soon as you file the form of trademark application.