Trademark is a unique symbol or word that is used to specify any business and its goods. Once registered, the same logo or series of words can’t be used by any other company, constantly, as long as it is being utilized with proper paperwork and prescribed fees are paid on time. There are number of reasons why you want one or more Trademark registered for your E-commerce Companies. For example-The apple shape with the bite taken that Apple practices as its logo & the swoosh logo that Nike highlights on all of its products.
Is Trademark Registration Obligatory For E-Commerce Companies in India?
Trademark registration is not mandatory for E-commerce companies in India, on the other hand, we persistently recommend in favor of filing of trademark application as soon as possible.
There are some distinct benefits of safeguarding your intellectual property rights over your brand name. They are as follows –
Understanding the Concept of “Prior Use” in Trademark
The trademark law gives importance to the business that is recognized for first use of that trademark. The evidence of “prior use” in the trademark is expected to provide you an edge over any competitor or another person using the same trademark.
This importance of prior use often supersedes the trademark registration. Therefore, if you started utilizing the name first and then someone else retains a trademark registration for the same name then the tribunal can still grant the trademark registration in your name.
Rights to Assign the Trademark at a Later Stage
Other than the consistent right to utilize your trademark, you can also allocate this right in favor of another owner. This is characteristically obliging for smaller and early-stage businesses that are looking out for potential investors as well as buyers. Frequently, the investors look confidently at any company that has attained Intellectual Property Rights.
Signs of a Trademark
To indicate that a trademark has been utilized, the companies can use one of these three symbols provided below-
- ™ – This symbol is used to indicate that any pre-existing trademark precisely any unregistered trademark.
- ® – This symbol is used to indicate the registered trademark. It is kept for trademarks that are registered with any appropriate government intervention.
- ℠ – This symbol is used for retailing of services, not goods. We have the choice to use the service mark logo, but most of the companies use the mark ™ instead of service mark logo for simplicity.
Protecting a Trademark
A trademark is declared for a company’s life or product; businesses do need to defend against expressions becoming common. To keep the claim on the trademark, the companies must notify people who misuse the Trademark.
Read our article:A Deep Analysis on Benefits of Trademark Registration
Benefits of Trademark Registration
When trademark has been approved, the owner obtains three benefits-
- A Notice of Claim to any other businesses consideration for using the same symbol or logo as its trademark;
- A Legal Implication of Ownership, which can help to prevent would-be users;
- The Unique Right to utilize the required trademark.
Difference between Name Approval under Companies Act 2013 and Trademark Act 1999
Getting approval for business name from the Registrar of Companies is basically the first step for incorporation of company. The Registrar can refute the name if it seems similar to any other company’s name that has acquired registration before.
Though, getting the Registrar of Company’s authorization doesn’t assure intellectual property rights over that particular name. This means that your name can be approved under the Companies Act but the Trademark Act or the relevant officers can have dissimilar views and can challenge your selected name or logo under the Trademark Law. Hereafter it is highly desirable that you select a unique name along with a unique logo for your E-Commerce Companies.
Filing for Trademark Registration in India
To file for Trademark Registration in India, an application is to be filed at Trademarks Registry with the Office of the Controller General for Patents, Designs, and Trademarks.
Trademark registration in India is valid for a period of 10 years and can be renewed for another 10 years after expiration of trademark.
Are Trademarks Registered in India Valid universally?
Registration of Trademarks are provincial, and therefore, it requires separate filing in each country where you propose to have your Trademark protected. Though, there are universal conventions like the Madrid Protocol that serves as a centralized registration system for trademark registration in all countries who are member of the convention.
- Madrid Protocol permits for a prudent, easy filing for a trademark registration in a network of more than hundred countries. From the year 2013, India a member of the international conventions for trademarks.
- Madrid Protocol has allowed domestic E-Commerce Companies to protect their trademark across numerous jurisdictions.
- Trademark registration website is available at ipindia.gov.in for filing of application. You have to select the nations where you want the trademark registration. Within 18 months, if you acquire a no objection certificate, the trademark is considered to be obtained.
Benefits of Having Trademark Registration for your E-commerce Companies
E-commerce Companies wasn’t really a thing. In the speedily rising and changing world of online business having trademarked registration for your company can offer substantial benefits as well as protections. There are number of reasons why you want one or more trademark registered for your E-commerce Companies containing the following-
Protection for your Business
A US registered trademark can safeguard the company name and other trademarks from being utilized by others. It can also safeguard incomparable product names and logos. A business with a registered trademark has legal support against anyone who is using the registered trademark without prior permission.
Protection against Brand Damage
A trademark can protect your brand from any injury. The E-Commerce website can safeguard our brand nationally or internationally basis from being infringed by other people utilizing it, copying it or forging your goods.
Trademark Supports the E-commerce Companies
Some E-Commerce Companies like Amazon, ETSY, EBay and Walmart delivers added chances for commerce with Trademark Registration. Amazon Brand Registry program is a very virtuous instance. The Brand Registry discusses a number of added advertising chance, trellis lookout, and analytical data related to Amazon[1] Sellers who are part of the package.
Performing a Trademark Search
A complete trademark search is acrucial part of the process in applying for a trademark registration. This can avoid expectant and potentially costly difficulties in the near future.
What should you do if your E-Commerce Company is still under Advancement?
Choosing a name, tag line, logo, and other creative characteristics can be challenging for your business. If you’re an owner with some registrable element of the trademark such as the name, you can apply individually to the Registrar for registration of the mark.
This can even be done before the company has been set up. After the business comes into operation, the business set up by the owners can start using the separate trademarks together or individually.
Conclusion
Controller General’s office looks after the registration of Trademark and inspection of the application for trademark renewal, the defense filed by any third party against the trademark released in the trademark journal and abide by the dispute related to the registration of trademark for your E-commerce Companies. Therefore, the Controller General’s office is the most important office dealing with all these issues related to Trademark and every other branch of Intellectual Property. As one of the leading e-commerce advisors in India CorpBiz can also help you in your trademark registration process.
Read our article:An Overview on Document Required for Trademark Registration
