What is Trademark Registration?
Trademark Registration is a unique form of communication or expression which is related to a product or to a service that makes it different from other. The expression may be a slogan or a word, a logo, color combination, graphic, sound or may be even smell. Most of the businesses however, refer to the registration of their company name of their logo for Trademark registration. The person who owns the logo then has the exclusive rights in order to make use of that under which ever categories they have registered it under (these categories are called classes which are about 45).
Once a company has their Trademark Registration it then makes it possible for them to earn royalties by using their trademark in the court. It also protects against possibility of piracy and prevents companies with identical or similar names being registered through other businesses. You may also search for trademark registration to ensure your brand name does not coincide with any other trademark registration which is existing already. It is possible to get a Trademark ™ in India within 3 days but it takes about 2 years in order for it to be registered, so that the ® symbol can be used by you.
Six Essential Facts of Trademark Registration
1. What is a Trademark or Logo Registration?
A trademark can be referred to as characteristics of your brand. It can be your brands logo, or simply just your brand name or even your brand's slogan. Examples can be, "Nike" and "just do it". There may also be cases where the brand's logo and their brand name itself are combined into one such as Coca-Cola or BMW, which is known as the Logo Composite Mark.
2. Who is the Trademark owned by?
Having a Trademark means your particular brand has the commercial rights for selling in a particular sector of the economy. Each of these sectors are known as "class" which are about 45. For example, Toys, Sports and Games is class 28. So in order for you to protect you brand, you must give an application which should be under class 28 and this way you can get exclusive commercial right for selling your branded games or toys in that class.
3. How to check Trademark Availability?
The search for Trademark registration can be done by us for you if you have a particular logo, slogan or a brand name in mind. A simpler way is to just go online and search the internet yourself if there is a company with a similar name as yours and you may also check for the availability of your domain name, logo registration.
4. What happens if the Trademark is unavailable?
In case the Trademark that you want is already taken by somebody else, there is nothing to worry about as you can simply go for the composite mark. This combines your name and your logo registration as one which is strategy that is applied when brand names are already taken.
5. What are the requirements for Trademark Registration?
A signed letter by you should be given to us which are the Authorization letter. This allows us to apply for Trademark Registration on your behalf. After the authorization letter has been received by us, we prepare the other required documents. This includes, apply for you online and pay the required fees. You receive the confirmation almost instantly after the application has been confirmed and you can start using the Trademark ™ symbol with your name.
6. How long is the Trademark Registration Process?
The Trademark Registration process is done instantly, which may even be in just a few hours of us receiving your authorization letter. However, it takes about 18-24 months for the government to confirm the registration after we have made the application and then given the confirmed certificate for your trademark/logo registration. Once received, you can start using the symbol ® with your name.
Trademark Registration Process
2 working hours
Once we have confirmed availability after searching for your unique name, you have to make payment for Trademark/logo Registration Process. The authorization letter will be sent to you whom you have to sign and return and then our lawyers will file your trademark/logo registration application for you.
3 working days
This form contains basic details about your business that we will require from you and about the slogan, word or logo registration which are required, which has to be for a certain sector. In case you want for multiple categories then you have to file another Form 1-s and make another payment for it and once the form is filed you may start using the ™ symbol.
A Trademark objection will be raised in case the trademark you want is already registered. The government may also object if the trademark logo is obscene or creates confusion or will hurt religious sentiments. If there is no objections however, it creates an advertisement in the journal of Trademarks and if there are no objections in the next four months from other businesses, the Trademark / logo registration can be do after 6 months. We keep you updated regarding the whole logo registration process.
Advantages of Trademark Registration / Logo Registration
Your right in the court can be easily established if your logo registration is being infringed upon. However, if your logo, slogan or word is not registered, there is nothing you can do. In those sectors where there is a lot of piracy, Trademark / logo Registration is a must.
Opportunities for businesses
It is a great long term aspect for your business as the trademark registration/Logo Registration is an intangible asset which can prove to be highly profitable for your business in case it is successful. Business can earn a lot of money through royalties and licensing agreements or assignment agreements. The examples are McDonalds, Nike, etc.
Uniqueness in Identity
Having your trademark registration/ Logo registration would help your customers identify your products and services with your brand. This way, the court may also stop any similar slogans or words being registered.